48 CFR 1852.204-78 Security plan for unclassified automated information
resources.
As prescribed in 1804.470-4(b), insert the following clause:
In addition to complying with any functional and technical security
requirements set forth in the Schedule and the clauses of this contract,
the Contractor shall comply with the Unclassified Automated Information
Resources Security Plan submitted pursuant to provision 1852.204-77,
Submission of Security Plan For Unclassified Automated Information
Resources, as approved by the Contracting Officer.
(57 FR 30909, July 13, 1992)
48 CFR 1852.207-70 Estimate of work.
As prescribed in 1807.7001, insert the following provision:
It is estimated that approximately $ (insert estimated value of
procurement) will be available to perform this work. This estimate is
provided as a guide only to the approximate effort required.
48 CFR 1852.208-70 Rates.
As prescribed in 1808.309(a), insert the following clause:
(a) The Contractor shall be paid at the rates set out in Appendix A,
provided that the Government shall be liable for any minimum monthly
charge specified in this contract commencing with the billing period in
which service is initially furnished and continuing until the contract
is terminated, except that this charge shall be equitably prorated for
the billing periods in which commencement and termination of this
contract become effective.
(b) The Contractor hereby certifies that the rates for the service
furnished under this contract do not exceed the lowest rates available
to any prospective customer under like conditions, and agrees that
during the life of this contract the Government shall continue to be
billed at the lowest rates applicable for similar conditions of service.
(54 FR 28340, July 5, 1989, as amended at 56 FR 12460, Mar. 26, 1991)
48 CFR 1852.208-71 Public regulation and change of rates.
As prescribed in 1808.309(b), insert the following clause:
(a) Rates under this contract shall be subject to regulation in the
manner and to the extent prescribed by law by any Federal, State, or
local regulatory agency having jurisdiction. The Contractor agrees to
give the Contracting Officer written notice of the filing of an
application for rate changes concurrently with the filing of the
application. Such notice shall fully describe the proposed changes.
(b) If during the term of this contract the public regulatory agency
having jurisdiction approves rates higher or lower than those stipulated
in this contract, for like conditions of service, the Contractor agrees
to continue to furnish service as stipulated in the contract and the
Government agrees to pay the changed rates from the date they are made
effective.
(c) If the regulatory agency promulgates any regulation concerning
matters other than rates that affects this contract, the Contractor
shall immediately notify the Contracting Officer. The Government shall
not be bound to accept any new regulation inconsistent with Federal laws
or regulations.
(d) If the Contractor, during the term of this contract, makes
effective any new or amended rate schedule for the class of service
furnished the Government at the service location that contains lower
rates or conditions more favorable to the Government, the Contractor
shall (1) forward to the Contracting Officer a copy of the schedule
within 15 days after its effective date and, upon receipt of written
request from the Government, (2) substitute the new or amended schedule
for the one then in effect under this contract for that service
location, commencing with the billing period in which the request is
received.
(54 FR 28340, July 5, 1989, as amended at 56 FR 12460, Mar. 26, 1991)
48 CFR 1852.208-72 Change in class of service.
As prescribed in 1808.309(c), insert the following clause:
(a) In the event of a permanent change in the class of service
furnished the Government at the service location, service shall be
furnished to that service location at the lowest available rate schedule
of the Contractor applicable to the class of service furnished following
that permanent change, subject to the Rates clause of this contract.
(b) If the Contractor's rate schedule on file with the regulatory
agency and applicable to services provided by the Contractor does not
contain a schedule applicable to the class of service furnished the
Government, no clause in this contract shall preclude the parties from
negotiating a rate schedule applicable to the class of service
furnished.
(54 FR 28340, July 5, 1989, as amended at 56 FR 12460, Mar. 26, 1991)
48 CFR 1852.208-73 Contractor's facilities.
As prescribed in 1808.309(d), insert the following clause:
(a) The Contractor, at its expense, shall furnish, install, operate,
and maintain all facilities required to furnish service under this
contract to, and measure that service as of, the point of delivery
specified in the Service Specifications. Title to these facilities
shall be and remain in the Contractor, and the Contractor shall be
responsible for all loss of or damage to them.
(b) The Government hereby grants to the Contractor, free of any
rental or similar charge, but subject to any limitations specified in
this contract, a revocable permit or license to enter the service
location for any proper purpose under this contract, including use of
the site or sites agreed upon by the parties for the installation,
operation, and maintenance of the facilities of the Contractor required
to be located upon Government premises. These facilities shall be and
remain the property of the Contractor and shall, at all times during the
life of this contract and any renewals, be operated and maintained by
the Contractor at its expense. All taxes and other charges in
connection with these facilities, together with all liability arising
out of their construction, operation, or maintenance, shall be borne by
the Contractor.
(c) Authorized representatives of the Contractor shall be allowed
access to the Contractor's facilities at suitable times to perform the
Contractor's obligations regarding the facilities. The facilities shall
be removed and Government premises restored to their original condition
by the Contractor at its expense within a reasonable time after the
Government revokes the permit or license granted by this clause and in
any event within a reasonable time after termination of this contract,
provided that if the contract is terminated for default, the facilities
may be retained in place at the Government's option until comparable
service is obtained elsewhere.
(d) Proper Government authority may limit or restrict the right of
access granted by this clause in any manner considered by that authority
to be necessary for the national security.
(54 FR 28340, July 5, 1989, as amended at 56 FR 12460, Mar. 26, 1991)
48 CFR 1852.208-74 Technical provisions.
As prescribed in 1808.309(e), insert the following clause. Minor
changes may be made in it when insisted upon by the contractor to
conform with established procedures or those in the contractor's
published rates filed with a regulatory agency. The following types of
changes, when made for this purpose, are not considered within the
intent of 1808.307-71 relating to contracts requiring NASA Headquarters
approval.
(a) Measurement of service. (1) The words ''billed conjunctively''
in the second sentence of clause paragraph (a)(1) refer to the
combination of similar quantities measured by two or more meters into a
single quantity for the purpose of billing, as if the bill were prepared
for a single meter. This sentence may be deleted, or the word
''separately'' may be inserted in lieu of the word ''conjunctively,'' to
conform to the contractor's regulated practice and/or when the schedule
under which bills are computed is such that billing separately will be
more economical than billing conjunctively.
(2) In clause (a)(2), the periodic intervals prescribed between meter
readings may be changed to conform to the contractor's regulated
practice.
(b) Meter test. (1) The first sentence of clause (b), requiring
testing at intervals not exceeding one year, may be changed to provide
for meter tests in accordance with the contractor's regulated practice.
(2) In the third sentence of clause (b), the percentage error (shown
as 2 percent) may be changed to comply with the Contractor's regulated
practice.
(c) Continuity of service and consumption. (1) In clause (d)(1), the
adjustment provision may be deleted or changed, if necessary, to conform
with the provisions of the contractor's field rate schedules. This
subparagraph may be ended after the word ''facilities'' and before the
word ''provided.'' For the period, ''10 hours'' may be changed.
(2) Clause (d)(2) may be deleted or changed, if the contractor's
filed rates contain a provision requiring a continuation of demand or
similar charges on a ready-to-serve basis during a period that the
Government is unable to operate the service location for any cause
beyond its control.
(a) Measurement of service. (1) All service furnished by the
Contractor shall be measured by suitable metering equipment of standard
manufacture, to be furnished, installed, maintained, calibrated, and
read by the Contractor at its expense. When two or more meters are
installed at the service location, their readings shall be billed
conjunctively. If any meter fails to register or registers incorrectly
the service furnished through it, the parties shall agree upon the
length of period during which it failed to register or registered
incorrectly and the quantity of service delivered through it during that
period, and, upon agreement, an appropriate adjustment shall be made in
the Government's bills. For the purpose of the preceding sentence, any
meter that registers not more than 2 percent slow or fast shall be
deemed correct.
(2) The Contractor shall read meters on the same day of each month;
if, however, that day falls on a Saturday, Sunday, or legal holiday, or
if the Contractor is prevented from reading the meters on that day, the
Contractor shall read the meters on the next succeeding business day on
which it is able to do so, provided that (i) all bills based on meter
reading intervals of less than 27 days or more than 33 days shall be
prorated accordingly and (ii) there shall be no more than 12 billings in
any one year.
(b) Meter test. The Contractor, at its expense, shall periodically
inspect and test the meters installed by it at intervals not exceeding 1
year. At the written request of the Contracting Officer, the Contractor
shall make additional tests of any or all of these meters in the
presence of Government representatives. The cost of these additional
tests shall be borne by the Government if the percentage of errors is
found to be not more than 2 percent slow or fast. No meter may be
placed or allowed to remain in service that has an error in registration
exceeding 2 percent under normal operating conditions.
(c) Change in volume or character. Reasonable notice shall, so far
as possible, be given by the Contracting Officer to the Contractor
regarding any material changes proposed in the volume or characteristics
of the utility service required at each location.
(d) Continuity of service and consumption. (1) The Contractor shall
use reasonable diligence to provide a regular and uninterrupted supply
of service at the service location, but shall not be liable for damages
or breach of contract or otherwise to the Government for failure,
suspension, diminution, or other variations of service occasioned by or
in consequence of any cause beyond the Contractor's control, including
but not limited to acts of God or of the public enemy, fires, floods,
earthquakes, other catastrophes, strikes, or failure or breakdown of
transmission or other facilities; provided that when any such failure,
suspension, diminution, or variation aggregates more than 10 hours
during any billing period, an equitable adjustment shall be made in the
monthly rates specified in this contract (including the minimum monthly
charge).
(2) If the Government cannot operate the service location in whole or
in part for any cause beyond its control, including but not limited to
acts of God or of the public enemy, fires, floods, earthquakes, other
catastrophes, or strikes, an equitable adjustment shall be made in the
monthly rates specified in this contract (including the minimum monthly
charge) if the period during which the Government is unable to operate
that service location in whole or in part exceeds 15 days during any
billing period.
(54 FR 28340, July 5, 1989, as amended at 56 FR 12460, Mar. 26, 1991)
48 CFR 1852.208-75 Renewal of contract.
As prescribed in 1808.309(f), insert the following clause:
This contract is renewable on an annual basis at the option of the
Government, by the Contracting Officer giving written notice of renewal
to the Contractor at least XXXXX days before expiration. If the
Government exercises this option for renewal, the contract as renewed
shall be deemed to include this option provision. However, the total
duration of this contract, including the exercise of any options under
this clause, shall not exceed XXXXX years.
(54 FR 28340, July 5, 1989, as amended at 56 FR 12460, Mar. 26, 1991)
48 CFR 1852.208-76 Change in rates.
As prescribed in 1808.309(b), insert the following clause:
(a) If at any time during the term of this contract either of the
parties considers it appropriate to change all or part of the rates
applicable to the service furnished under this contract, the parties
agree to promptly negotiate new rates upon receipt by one party of a
written request from the other (1) specifying the rates to which a
change is considered appropriate, (2) setting forth the proposed change,
and (3) stating in detail the reasons for the proposed change. Any rate
change agreed to by the parties as the result of such negotiations shall
be made a part of this contract by the issuance of a supplemental
agreement and shall become effective as of the date of the request for a
change in rates, unless otherwise agreed.
(b) The Contractor agrees that a duly authorized representative of
NASA shall have access to and the right to examine any pertinent books,
documents, papers, or records of the Contractor relating to costs that
form the basis for the rates.
(54 FR 28340, July 5, 1989, as amended at 56 FR 12460, Mar. 26, 1991)
48 CFR 1852.208-77 Connection charge.
As prescribed in 1808.309(g), insert the following clause, and attach
appendix C to the contract:
(a) Charge. The Government, for the furnishing and installation by
the Contractor at the Contractor's expense of the New Facilities
described in Appendix C, attached to this contract and made a part of
it, shall pay the Contractor, as a connection charge, after receipt of
satisfactory evidence of completion of the facilities, $XXXX,
representing the sum of $XXXX less the agreed salvage value in the
amount of $XXXX, as shown in Appendix C; provided that, as a condition
for final payment, the Contractor executes a release acceptable to the
Contracting Officer of claims against the Government arising from that
furnishing and installation.
(b) Ownership, operation, and maintenance of new facilities to be
provided. The facilities to be supplied by the Contractor under this
clause, notwithstanding the Government's payment of a connection charge,
shall be and remain the property of the Contractor and shall, at all
times during the life of this contract and any renewals, be operated and
maintained by the Contractor at its expense. All taxes and other
charges in connection with these facilities, together with all liability
arising out of their construction, operation, or maintenance, shall be
borne by the Contractor.
(c) Credits. (1) The Contractor agrees to allow the Government on
each monthly bill for service furnished under this contract to the
service location, a credit of XX percent of the amount of each bill as
rendered, until the accumulation of credits equals the amount of the
connection charge, provided that the Contractor may at any time allow a
credit up to 100 percent of the amount of each bill.
(2) If the Contractor, before any termination of this contract but
after completion of the facilities provided for in this clause, serves
any customer other than the Government (regardless of whether the
Government is being served simultaneously, intermittently, or at all) by
means of those facilities, the corresponding benefit to the Contractor
is hereby recognized. It is therefore agreed that upon initiation of
such service, the Contractor shall promptly pay in full to the
Government the uncredited balance of the connection charge, or
accelerate the credits provided for under paragraph (c)(1) of this
clause to 100 percent of each monthly bill, until there is fully
credited a sum equitably representing the same proportion of the
uncredited balance of the connection charge as of the date of initiation
of such service (as agreed upon by the parties) as the portion of the
facilities utilized in serving the other customer bears to the complete
facilities described in Appendix C.
(d) Termination before completion of facilities. The Government
reserves the right to terminate this contract at any time before
completion of the facilities with respect to which the Government is to
pay a connection charge. If the Government exercises this right, the
Contractor shall be paid fair compensation, exclusive of profit, with
respect to those facilities.
(e) Termination after completion of facilities -- (1) Termination by
the Government. If the Government terminates this contract after
completion of the facilities for which the Government is to pay a
connection charge, but before the crediting in full by the Contractor of
any connection charge in accordance with the terms of this contract, the
possible continued usefulness of those facilities is hereby recognized.
Upon such termination, the Contractor shall have the following options:
(i) To retain in place for 12 months or more after the notice of
termination by the Government such facilities on condition that (A) if,
during that period, the Contractor serves any other customer by means of
the facilities, the Contractor shall, in lieu of allowing credits, pay
the Government during the period installments in like amount, manner,
and extent as the credits provided for under paragraph (c) of this
clause before the termination, and (B) immediately after the period, the
Contractor shall promptly pay in full to the Government the uncredited
balance of the connection charge.
(ii) To remove such facilities at the Contractor's own expense within
12 months after the effective date of the termination by the Government;
provided, that if the Contractor elects to remove them, the Government
shall have the option of purchasing them at the agreed salvage value set
forth in Appendix C; and provided further, that the Contractor shall,
at the direction of the Government, leave in place such facilities
located on Government property that the Contractor elects to remove and
that the Government elects to purchase at the agreed salvage value.
(2) Termination by the contractor. If the Contractor terminates
service under, or otherwise defaults in performance of, this contract
before the crediting in full, in accordance with the terms of this
contract, of any connection charge paid by the Government, the
Contractor shall pay to the Government an amount equal to the uncredited
balance of the connection charge as of the date of termination.
(54 FR 28340, July 5, 1989, as amended at 56 FR 12460, Mar. 26, 1991)
48 CFR 1852.208-78 Termination Charge.
As prescribed in 1808.309(h), insert the following clause and attach
appendix C to the contract when a payment is to be made to the
contractor upon termination of service in lieu of a connection charge
upon completion of the facilities. The length of time, not in excess of
60 months, as negotiated with the contractor shall be entered in the
first blank. In the second blank, enter the amount of the maximum
termination charge as negotiated with the contractor, but not in excess
of the cost of facilities furnished and installed by the contractor less
the agreed salvage value, as shown in appendix C. Enter in the third
blank the figure obtained by dividing the figure in the second blank by
the figure in the first blank. The use of this clause does not affect
the term of the contract; however, its use is subject to Headquarters
approval in accordance with 1808.307-71.
For the furnishing and installation by the Contractor at its expense
of the New Facilities described in appendix C, attached to this contract
and made a part of it, the Government shall, in the event of termination
of this contract by the Government before XXXX months from the date on
which service commences, pay the Contractor as a termination charge XXXX
less XXXX multiplied by the number of months service has been received
after the date of termination.
(54 FR 28340, July 5, 1989, as amended at 56 FR 12460, Mar. 26, 1991)
48 CFR 1852.208-79 Multiple service locations.
As prescribed in 1808.309(i), insert the following clause:
(a) The Contracting Officer may at any time, by written order,
designate any service location within the Contractor's service area at
which service shall be furnished or discontinued under the order, and
the contract shall be modified in writing accordingly by adding to or
deleting from the Service Specifications the name and location of the
appropriate service location and specifying (1) a different rate if
applicable, (2) the appropriate point of delivery, (3) different service
specifications if applicable, and (4) any other appropriate terms and
conditions.
(b) The minimum monthly charge specified in this contract shall be
equitably prorated from the billing period in which commencement or
discontinuance of service at any service location designated under the
Service Specifications becomes effective.
(54 FR 28340, July 5, 1989, as amended at 56 FR 12460, Mar. 26, 1991)
48 CFR 1852.208-80 Contractor's facilities (short form).
As prescribed in 1808.309(d), insert the following clause:
The Contractor, at its expense, shall furnish, install, operate,
maintain, retain title to, and be responsible for all loss of or damage
to the facilities required to furnish the service provided for under
this contract. The Contractor shall be allowed access to its facilities
on Government premises at suitable times and shall, at the Contractor's
expense, remove the facilities and restore the premises to their
original condition within a reasonable time after this contract's
termination.
(54 FR 28340, July 5, 1989, as amended at 56 FR 32119, July 15, 1991)
48 CFR 1852.208-81 Printing and duplicating.
As prescribed in 1808.870, insert the following clause:
(a) The Contractor shall reproduce any documentation required by this
contract in accordance with the provisions of the Government Printing
and Binding Regulations published by the Joint Committee on Printing,
Congress of the United States.
(b) The term ''printing'', as used in this clause, is defined in the
Government Printing and Binding Regulations and includes the processes
of composition, platemaking, presswork, binding, and the end items
produced by such processes and equipment.
(c) The Contractor is authorized to duplicate production units by
offset platemaking, copy-processing machines, or lithograph presses when
negatives or metal plates are not required. The Contractor shall not
exceed 5,000 production units of any one page or 25,000 units in the
aggregate of multiple pages. Such plates may not exceed a maximum image
size of 10 3/4 by 14 1/4 inches. A ''production unit'' is one sheet,
size 8 1/2 11 inches (215 280 mm), one side only, and one color.
(d) This clause does not preclude writing, editing, preparation of
manuscript copy, or preparation of related illustrative material as a
part of this contract; or administrative printing, for example, forms
and instructional materials necessary to be used by the contractor to
respond to the terms of the contract.
(e) If the Contractor has reason to believe that any activity
required under this contract violates the regulations referred to in
paragraph (a) of this clause, the Contractor shall provide the
Contracting Officer with immediate notice in writing and request
approval prior to accomplishment of the activity.
(54 FR 28340, July 5, 1989, as amended at 55 FR 27089, June 29, 1990;
56 FR 32119, July 15, 1991)
48 CFR 1852.208-83 Acquisition of helium.
As prescribed in 1808.002-76, insert the following clause:
(a) In accordance with 30 CFR parts 601 and 602, helium furnished
under this contract (purchase order) shall be Department of the
Interior, Bureau of Mines, helium or shall be replaced by the supplier
with an equivalent volume of helium purchased from the Bureau of Mines.
(b) The Contractor may procure (1) liquid helium or (2) gaseous
helium of a quality not supplied by the Bureau of Mines from commercial
sources if these sources are qualified by the Bureau of Mines and
included in the Bureau of Mines publication, ''List by Shipping Points
of Private Distributors Eligible to Sell Helium to Federal Agencies.''
Copies of this publication may be obtained from the Bureau of Mines,
Helium Operation, P.O. Box H4372, Herring Plaza, Amarillo, Texas 79101.
(c) The Contractor shall provide a copy of each contract (purchase
order) for helium from commercial sources to the Contracting Officer and
Bureau of Mines at the address in paragraph (b) of this clause.
(54 FR 28340, July 5, 1989, as amended at 55 FR 12177, Apr. 2, 1990;
57 FR 40856, Sept. 8, 1992)
48 CFR 1852.209-70 Product removal from qualified products list.
As prescribed in 1809.206-71, insert the following clause:
If, during the performance of this contract, the product being
furnished is removed from the Qualified Products List for any reason,
the Government may terminate the contract for Default pursuant to the
default clause of the contract.
48 CFR 1852.209-71 Limitation of future contracting.
As prescribed in 1809.508-2, the contracting officer may insert a
clause substantially as follows in solicitations and contracts, in
compliance with FAR 9.508:
(a) The Contracting Officer has determined that this acquisition may
give rise to a potential organizational conflict of interest.
Accordingly, the attention of prospective offerors is invited to FAR
subpart 9.5 -- Organizational Conflicts of Interest.
(b) The nature of this conflict is (describe the conflict).
(c) The restrictions upon future contracting are as follows:
(1) If the Contractor, under the terms of this contract, or through
the performance of tasks pursuant to this contract, is required to
develop specifications or statements of work that are to be incorporated
into a solicitation, the Contractor shall be ineligible to perform the
work described in that solicitation as a prime or first-tier
subcontractor under an ensuing NASA contract. This restriction shall
remain in effect for a reasonable time, as agreed to by the Contracting
Officer and the Contractor, sufficient to avoid unfair competitive
advantage or potential bias (this time shall in no case be less than the
duration of the initial production contract). NASA shall not
unilaterally require the Contractor to prepare such specifications or
statements of work under this contract.
(2) To the extent that the work under this contract requires access
to proprietary, business confidential, or financial data of other
companies, and as long as these data remain proprietary or confidential,
the Contractor shall protect these data from unauthorized use and
disclosure and agrees not to use them to compete with those other
companies.
48 CFR 1852.209-72 Composition of the contractor.
As prescribed in 1809.670, insert the following clause:
If the Contractor is comprised of more than one legal entity, each
entity shall be jointly and severally liable under this contract.
48 CFR 1852.210-70 Brand name or equal.
As prescribed in 1810.011-70(a), insert the following provision:
(a) As used in this provision, ''brand name'' means identification of
products by make and model. The term ''bid'' means ''offer'' if this is
a negotiated acquisition.
(b) If items called for by this solicitation are identified in the
Schedule by a ''brand name or equal'' description, that identification
is intended to be descriptive, not restrictive, and is to indicate the
quality and characteristics of products that will be satisfactory. Bids
offering ''equal'' products, including products of the brand name
manufacturer other than the one described by brand name, will be
considered for award if the products are clearly identified in the bids
and are determined by the Government to meet fully the salient
characteristics requirements referenced in the solicitation.
(c) Unless the offeror clearly indicates in the bid that it is
offering an ''equal'' product, the bid shall be considered as offering a
brand-name product referenced in the solicitation.
(d)(1) If the offeror proposes to furnish an ''equal'' product, the
brand name, if any, of the product to be furnished shall be inserted in
the space provided in the solicitation, or that product shall be
otherwise clearly identified in the bid. The evaluation of bids and the
determination as to equality of the product offered shall be the
responsibility of the Government and will be based on information
furnished by the offeror or identified in its bid, as well as on other
information reasonably available to the contracting activity.
(2) Caution to Offerors: The contracting office is not responsible
for locating or securing any information not identified in the bid and
reasonably available to the contracting office. Accordingly, to ensure
that sufficient information is available, the offeror must furnish as a
part of its bid all descriptive material (such as cuts, illustrations,
drawings, or other information) necessary for the contracting office to
(i) determine whether the product offered meets the salient
characteristics requirements of the solicitation and (ii) establish
exactly what the offeror proposes to furnish and what the Government
would be binding itself to purchase by making an award. The information
furnished may include specific references to information previously
furnished or to information otherwise available to the contracting
office.
(3) If the offeror proposes to modify a product so as to make it
conform to the requirements of the solicitation, it shall (i) include in
the bid a clear description of the proposed modifications and (ii)
clearly mark any descriptive material to show them.
(4) If this is a sealed-bid acquisition, modifications proposed after
bid opening to make a product conform to a brand name product referenced
in the solicitation will not be considered.
(54 FR 28340, July 5, 1989, as amended at 56 FR 12460, Mar. 26, 1991)
48 CFR 1852.210-71 Descriptive literature for used material.
As prescribed by 1810.011-70(b), insert the following provision:
(a) Offerors' attention is directed to the provision in this
solicitation entitled ''Listing of Used or Reconditioned Material,
Residual Inventory, and Former Government Surplus Property.'' If an
offeror intends to furnish any items falling within any of the classes
of property addressed by that provision, the following information must
be submitted as an attachment to the offer:
(Insert the information needed to determine that items can reasonably
be expected to conform to the solicitation requirements.)
(b) Offerors are specifically advised that if this procurement is
being conducted in accordance with procedures for sealed bidding (see
FAR part 14), a failure to provide the information identified in
paragraph (a) of this provision will render the offeror nonresponsive.
48 CFR 1852.210-72 Supplies and/or services to be furnished
As prescribed in 1810.011-70(c), insert the following clause:
The contractor shall provide all resources (except as may be
expressly stated in this contract as furnished by the Government)
necessary to furnish the items below in accordance with the
Description/Specifications/Work Statement in Section C.
(Insert the item number, brief description, quantity, unit, unit
price, and total dollar amount.)
48 CFR 1852.210-75 Packaging and marking.
As prescribed in 1810.011-70(d), insert the following clause:
(a) The Contractor shall pack and mark all hardware deliverable under
this contract in accordance with the provisions of NASA Handbook (NHB)
6000.1, Requirements for Packaging, Handling, and Transportation, and/or
MIL-STD-2073-1 and MIL-STD-2073-2, as applicable, except as noted below:
(Insert exceptions to packing and marking requirements or ''None'')
(b) The Contractor shall pack potentially hazardous items in
accordance with paragraph 204 of NHB 6000.1.
(c) The Contractor shall develop packaging, handling, and
transportation records, if required, from engineering and packaging
data. The Contracting Officer's technical representative is the
approving official of the records and special packaging data under
paragraph 302 of NHB 6000.1.
(d) The Contractor's packaging specifications or procedures may be
utilized if they are (i) not in conflict with cited NASA specifications
and (ii) approved in writing by the Contracting Officer. In any
conflict between NASA and the Contractor specifications or procedures,
the NASA documents cited in this clause shall take precedence.
(e) The Contractor shall place identical requirements on all
subcontracts.
(a) The contractor shall preserve, pack, and mark for shipment all
items deliverable under this contract in accordance with good commercial
practices and adequate to ensure both acceptance by common carrier and
safe transportation at the most economical rate(s).
(b) The contractor's markings on shipping containers shall be clearly
legible from a distance of 36 inches. The contractor may mark by
stencil, rubber stamp, or lacquer over a coated gummed label.
(f) The following items to be furnished under this contract are for
space flight use:
(Insert items for space flight use.)
(g) All markings for space flight items shall be blue in color. All
shipping containers, shipping documents, and purchasing documents for
these items shall be marked ''ITEMS FOR SPACE FLIGHT USE.''
(h) The Contractor shall prominently display a NASA Critical Space
Item Label on the exterior of all Class I, Class II, and Class III
interim packages and exterior shipping containers to alert all shipping
and handling personnel to the criticality of the item in accordance with
paragraph 303 of NHB 6000.1.
(54 FR 28340, July 5, 1989, as amended at 55 FR 47479, Nov. 14, 1990;
56 FR 12460, Mar. 26, 1991)
48 CFR 1852.212-70 Notice of delay.
As prescribed at 1812.104-70(a), insert the following clause:
If, because of technical difficulties, the Contractor becomes unable
to complete the contract work at the time specified, notwithstanding the
exercise of good faith and diligent efforts in performing the work
called for under this contract, the Contractor shall give the
Contracting Officer written notice of the anticipated delay and the
reasons for it. The notice and reasons shall be delivered promptly
after the condition creating the anticipated delay becomes known to the
Contractor but in no event less than 45 days before the completion date
specified in this contract, unless otherwise permitted by the
Contracting Officer. When notice is given, the Contracting Officer may
extend the time specified in the Schedule for such period as is deemed
advisable.
48 CFR 1852.212-72 Partial shipments.
Insert the following clause as prescribed in 1812.104-70(c).
Partial shipments will not be accepted unless authorized elsewhere in
this contract or by the Contracting Officer's representative at the time
of delivery. The Government reserves the right to return partial
shipments to the Contractor, transportation charges collect.
48 CFR 1852.212-73 Delivery schedule.
As prescribed in 1812.104-70(d), insert the following clause:
The contractor shall deliver the items required to be furnished by
this contract as follows:
(Insert the applicable item numbers, descriptions, quantities of
items, delivery dates, and shipping addresses.)
48 CFR 1852.212-74 Period of Performance.
As prescribed in 1812.104-70(e), insert the following clause:
The period of performance of this contract shall be (Insert period of
performance dates).
48 CFR 1852.214-70 Caution to offerors furnishing descriptive
literature.
As prescribed in 1814.201-670(a), insert the following provision:
Bidders are cautioned against furnishing as a part of their bids
descriptive literature that includes language reserving to the bidder
the right to deviate from the requirements of the invitation for bids.
Statements that ''Data are subject to change without notice,'' ''Prices
subject to change without notice,'' or words having a similar effect are
examples of such reservation. The Government will reject as
nonresponsive any bid that incorporates literature containing such
language or any bid that must be evaluated by using literature
containing such language. Bidders should clearly label any submissions
of descriptive literature not intended to form a part of a bid as such
in order to preclude any need for the Government to interpret the
bidder's intent in submitting descriptive literature. (See FAR
14.202-5.)
48 CFR 1852.214-71 Grouping for aggregate award.
As prescribed in 1814.201-670(b), insert the following provision:
(a) The Government will evaluate offers and make award on a basis of
the aggregate offers for items (Insert the item numbers and/or
descriptions).
(b) If this is an invitation for bids, the Government will reject as
nonresponsive a bid that is not made on all of the items specified in
paragraph (a) of this section.
48 CFR 1852.214-72 Full quantities.
As prescribed in 1814.201-670(c), insert the following provision:
The Government will not consider an offer for quantities of items
less than those specified. If this is an invitation for bids, the
Government will reject as nonresponsive a bid that is not made on full
quantities.
48 CFR 1852.215-70 Increases in estimated costs.
As prescribed in 1815.613-72, insert the following provision:
Once the apparent successful offeror has been selected, that offeror
may not unilaterally increase the estimated costs submitted with its
proposal except for --
(a) Increases resulting from updating or correcting the certified
cost or pricing data submitted with the proposal;
(b) Costs resulting from the Government's directed correction of
identified weaknesses in the proposal that must be corrected as a
condition of contracting; or
(c) Minor changes in the requirements of the solicitation. In such
cases, the Government will consider only those increases arising from
requirements actually affected by the changes (irrespective of whether
the changes result in an increase or decrease in the requirements or are
initiated by the Government or the offeror) and then only to the extent
the increases are identified and justified.
48 CFR 1852.215-71 Adjustment for subcontract price redetermination.
As prescribed in 1815.870-2, insert the following clause:
Promptly upon the establishment of firm prices for each of the
subcontracts listed below, the Contractor shall submit, in such form and
detail as the Contracting Officer may reasonably require, a statement of
costs incurred in the performance of that subcontract and the firm price
established for it. Thereupon, notwithstanding any other provisions of
this contract as amended by this modification, the Contractor and the
Contracting Officer shall negotiate an equitable adjustment in the total
amount paid or to be paid under the contract to reflect the subcontract
price revision.
The equitable adjustment shall be evidenced by a modification to this
contract.
(list subcontracts)
48 CFR 1852.215-72 Restriction on use and disclosure of
proposal/quotation information (Data).
As prescribed in 1815.407-70(a), insert the following provision:
It is NASA policy to use information contained in proposals and
quotations for evaluation purposes only. While this policy does not
require that the proposal or quotation bear a restrictive notice,
offerors or quoters should, in order to maximize protection of trade
secrets or other information that is commercial or financial and
confidential or privileged, place the following notice on the title page
of the proposal or quotation and specify the information subject to the
notice by inserting appropriate identification, such as page numbers, in
the notice. In any event, information (data) contained in proposals and
quotations will be protected to the extent permitted by law, but NASA
assumes no liability for use and disclosure of information not made
subject to the notice.
The information (data) contained in XXX (Insert page numbers or other
identification) of this proposal or quotation constitutes a trade secret
and/or information that is commercial or financial and confidential or
privileged. It is furnished to the Government in confidence with the
understanding that it will not, without permission of the offeror, be
used or disclosed for other than evaluation purposes; provided,
however, that in the event a contract is awarded on the basis of this
proposal or quotation the Government shall have the right to use and
disclose this information (data) to the extent provided in the contract.
This restriction does not limit the Government's right to use or
disclose this information (data) if obtained from another source without
restriction.
48 CFR 1852.215-73 Late submissions, modifications, and withdrawals of
proposals. (AO and SBIR programs).
As prescribed in 1815.407-70(b), use the following provision in lieu
of the provision at FAR 52.215-10 in Announcement of Opportunity and
SBIR solicitations:
(a) The Government reserves the right to consider proposals or
modifications, including any revision of an otherwise successful
proposal, received after the date indicated for receipt of proposals if
it would be in the Government's best interest to do so.
(b) Proposals may be withdrawn by written notice or telegram
(including mailgram) received at any time before award. Proposals may
be withdrawn in person by an offeror or an authorized representative, if
the representative's identity is made known and the representative signs
a receipt for the proposal before award.
48 CFR 1852.215-74 Alternate proposals.
As prescribed in 1815.407-70(c), insert the following provision:
(a) The offeror may submit an alternate proposal to accomplish any
aspect of the effort or product contemplated by the solicitation in a
manner that might create a beneficial improvement to the Government.
The Government will consider an alternate proposal if it is accompanied
by a basic proposal prepared in accordance with instructions contained
in and responsive to this solicitation. The alternate proposal must be
complete by itself and comply with the proposal instructions of this
solicitation. The alternate proposal will be evaluated in accordance
with the evaluation factors of this solicitation.
(b) In the event the Government receives an alternate proposal that,
if accepted, would result in a contract with terms varying in one or
more material respects from those contained in this solicitation (i.e.,
change in scope), and the Government concludes that implementation of
the approach contained in the alternate proposal would be in its best
interests, the Government may modify its solicitation in a manner
appropriate to incorporate the change in scope but not reveal the
substance of the alternate proposal, and thereafter give all offerors
(and others if the facts warrant) an opportunity to respond to the
modified solicitation.
48 CFR 1852.215-75 Expenses Related to Offeror Submissions.
As prescribed in 1815.407-70(d), insert the following provision:
This solicitation neither commits the Government to pay any cost
incurred in the submission of the offer or in making necessary studies
or designs for preparing the offer, nor to contract for services or
supplies. Any costs incurred in anticipation of a contract shall be at
the offeror's own risk.
48 CFR 1852.215-76 False statements.
As prescribed in 1815.407-70(e), insert the following provision:
Proposals must set forth full, accurate, and complete information as
required by the solicitation (including attachments). The penalty for
making false statements in proposals is prescribed in 18 U.S.C. 1001.
48 CFR 1852.215-77 Preproposal/pre-bid Conference.
As prescribed in 1815.407-70(f), insert the following provision:
(a) A preproposal/pre-bid conference will be held as indicated below:
Date:
Time:
Location:
Other Information, as applicable:
(Insert the applicable conference information.)
(b) Attendance at the preproposal/pre-bid conference is recommended;
however, attendance is neither required nor a prerequisite for
proposal/bid submission and will not be considered in the evaluation.
48 CFR 1852.215-78 Make or buy program requirements.
As prescribed in 1815.708-70(a), insert the following provision:
The offeror shall submit a Make-or-Buy Program in accordance with the
requirements of Federal Acquisition Regulation (FAR) 15.705. The offeror
shall include the following supporting documentation with its proposal:
(a) A description of each major item or work effort (see FAR 15.704).
(b) Categorization of each major item or work effort as ''must
make,'' ''must buy,'' or ''can either make or buy.''
(c) For each item or work effort categorized as ''can either make or
buy,'' a proposal either to ''make'' or ''buy.''
(d) Reasons for (i) categorizing items and work effort as ''must
make'' or ''must buy'' and (ii) proposing to ''make'' or ''buy'' those
categorized as ''can either make or buy.'' The reasons must include the
consideration given to the applicable evaluation factors described in
the solicitation and be in sufficient detail to permit the Contracting
Officer to evaluate the categorization and proposal.
(e) Designation of the offeror's plant or division proposed to make
each item or perform each work effort and a statement as to whether the
existing or proposed new facility is in or near a labor surplus area.
(f) Identification of proposed subcontractors, if known, and their
location and size status.
(g) Any recommendations to defer make-or-buy decisions when
categorization of some items or work efforts is impracticable at the
time of submission.
48 CFR 1852.215-79 Price adjustment for ''make-or-buy'' changes.
As prescribed in 1815.708-70(b), insert the following clause:
The following make-or-buy items are subject to the provisions of
paragraph (d) of the clause at FAR 52.215-21, Change or Additions to
Make-or-Buy Program, of this contract:
(54 FR 28340, July 5, 1989, as amended at 56 FR 12460, Mar. 26, 1991)
48 CFR 1852.215-80 Disposal of unsuccessful proposals.
As prescribed in 1815.407-70(g), insert the following provision:
After contract award, one or more copies of each unsuccessful
proposal will be retained in the Government's official contract file,
and all other copies will be destroyed.
48 CFR 1852.216-72 Evaluation of offers subject to economic price
adjustment.
As prescribed in 1816.203-4(d), insert the following provision:
(a) Notwithstanding the requirements of the XXXXX* clause, offers
shall be evaluated on the basis of quoted prices without an amount for
economic price adjustment being added. Offers that provide for a
ceiling lower than any ceiling stipulated in the clause, shall be
awarded at the lower ceiling.
(b) Offers that provide for adjustment(s) that may exceed any maximum
adjustment stipulated in the clause, or that limit or delete any
downward adjustment stipulated in the clause, shall be rejected.
(57 FR 842, Jan. 9, 1992)
*Insert the title of the clause providing for economic price
adjustment. (End of provision)
48 CFR 1852.216-73 Estimated cost and cost sharing.
As prescribed in 1816.307-70(a), insert the following clause:
(a) It is estimated that the total cost of performing the work under
this contract will be $XXXXX.
(b) For performance of the work under this contract, the Contractor
shall be reimbursed for not more than XXXXX percent of the costs of
performance determined to be allowable under the Allowable Cost and
Payment clause. The remaining XXXXX percent or more of the costs of
performance so determined shall constitute the Contractor's share, for
which it will not be reimbursed by the Government.
(c) For purposes of the XXXXX (insert ''Limitation of Cost'' or
''Limitation of Funds'') clause, the total estimated cost to the
Government is hereby established as $XXXXX (insert estimated Government
share); this amount is the maximum cost for which the Government is
obligated.
(d) The Contractor shall maintain records of all contract costs
claimed by the Contractor as constituting part of its share. Those
records shall be subject to audit by the Government. Costs contributed
by the Contractor shall not be charged to the Government under any other
grant, contract, or agreement (including allocation to other grants,
contracts, or agreements as part of an independent research and
development program).
(57 FR 842, Jan. 9, 1992)
48 CFR 1852.216-74 Estimated cost and fixed fee.
As prescribed in 1816.307-70(b), insert the following claus:
The estimated cost of this contract is XXXXX exclusive of the fixed
fee of XXXXX. The total estimated cost and fixed fee is XXXXX.
(57 FR 842, Jan. 9, 1992)
48 CFR 1852.216-75 Payment of fixed fee.
As prescribed in 1816.307-70(c), insert the following clause:
The fixed fee shall be paid in monthly installments based upon the
percentage of completion of work as determined by the Contracting
Officer.
48 CFR 1852.216-76 Award Fee.
As prescribed in 1816.405-70(a), insert the following clause:
(a) The Government shall pay the Contractor for performing this
contract such base fee, if any, and such additional fee as may be
awarded, as provided in the Schedule.
(b) Payment of the base fee and award fee shall be made as specified
in the Schedule; provided that, after payment of 85 percent of the base
fee and potential award fee, the Contracting Officer may withhold
further payment of the base fee and award fee until a reserve is set
aside in an amount that the Contracting Officer considers necessary to
protect the Government's interest. This reserve shall not exceed 15
percent of the total base fee and potential award fee or $100,000,
whichever is less.
(c) Award fee determinations made by the Government under this
contract are not subject to the Disputes clause.
(57 FR 843, Jan. 9, 1992)
48 CFR 1852.216-78 Firm fixed price.
As prescribed in 1816.202-70, insert the following clause:
The total firm fixed price of this contract is $XXX (Insert the
appropriate amount).
48 CFR 1852.216-79 Level-of-Effort (Fixed-Price).
As prescribed in 1816.207-70(a), insert the following clause:
(a) In accomplishing the work required under this contract, the
Contractor shall provide XXXXX direct labor hours as a minimum. These
hours shall be expended as follows:
(b) ''Direct labor hours'' are those productive hours expended by
Contractor personnel in performing work under this contract that are
charged as direct labor under the Contractor's established accounting
policy and procedures. The term does not include sick leave, vacation,
holiday leave, military leave, or any type of administrative leave but
does include direct labor hours provided under level-of-effort
subcontracts.
(c) The Contractor may, at its own option, furnish more than the
stated direct labor hours; however, the Contractor shall not be
entitled to any increase in the fixed price of the contract for
exceeding the stated direct labor hours.
(d) Within thirty (30) days after the end of the performance period
and before submission of an invoice for final payment, the Contractor
shall submit to the Contracting Officer a statement certifying the
actual total number of direct labor hours expended under this contract.
The Contractor further agrees to make available to the Contracting
Officer such records as the Contracting Officer may reasonably require
to determine that the minimum number of labor hours specified in this
clause were expended in the performance of the work.
(e) If, at the end of the contract term, the Contractor has not
provided the minimum direct labor hours specified above, the total fixed
price of this contract shall be reduced as follows:
(Insert either a formula based upon the number of hours expended in
the separate labor categories or the product of the hours of unexpended
labor multiplied by one specified rate.)
(57 FR 843, Jan. 9, 1992)
48 CFR 1852.216-80 Task Ordering Procedure.
As prescribed in 1816.307-70(d), insert the following clause:
Performance under this contract is subject to the following ordering
procedure.
(a) Within the direct labor hours specified in the Level-of-Effort
clause of this contract, the Contractor shall incur costs under this
contract in the performance of task orders and task order modifications
issued in accordance with this ordering procedure. No other costs are
authorized without the express written consent to the Contracting
Officer.
(b) From time to time during the term of this contract, the
Contracting Officer will issue task orders in writing to the Contractor,
providing specific information on work to be performed within the scope
of the contract.
(1) Task orders will contain, as a minimum, the following
information:
(i) Signature of the Contracting Officer.
(ii) Contract number, order number, and date.
(iii) Description of work.
(iv) Maximum dollar amount authorized (cost and fee or price).
(v) Maximum number of contract labor hours and other resources
authorized.
(vi) Documentation requirements.
(vii) Delivery/performance schedule.
(viii) Quality assurance standards, as appropriate.
(ix) Travel authorized.
(x) Any other necessary information.
(2) Unless otherwise directed by the Contracting Officer, the
Contractor shall submit the following information for each task order:
(i) Discussion of the technical approach for performing the work.
(ii) Estimated date of commencement of work, and any changes proposed
to the schedule of performance.
(iii) Direct labor hours, both straight time and overtime (if
authorized), on a monthly basis by applicable labor category, and the
total direct labor hours, including those in paragraph (2)(b)(iv)(B) of
this clause, estimated to complete the task.
(iv) The total estimated cost and fee, where appropriate, for
completion of the task order, including:
(A) The travel and material estimates.
(B) An estimate for subcontractors and consultants, including the
direct labor hours, if applicable.
(C) Estimated computer use time required, if applicable.
(D) Other pertinent information, such as indirect costs and
inter-divisional transfers.
(3) Each task order shall require the Contractor to acknowledge
receipt and acceptance of the task order within ten calendar days after
receipt. If the Contractor cannot comply with a task order requirement,
the Contractor shall indicate in his acknowledgment, the changes
required prior to his acceptance. Any differences must be resolved
between the parties and the order modified to reflect the agreement.
(57 FR 843, Jan. 9, 1992)
48 CFR 1852.216-81 Estimated cost.
As prescribed in 1816.307-70(e), insert the following clause:
The total estimated cost for complete performance of this contract is
$XXX (Insert total estimated cost of the contract). See FAR clause
52.216-11, Cost Contract -- No Fee, of this contract.
(54 FR 28340, July 5, 1989, as amended at 57 FR 40856, Sept. 8, 1992)
48 CFR 1852.216-82 Level-of-effort (cost).
As prescribed in 1816.307-70 (f), insert the following clause:
(a) (1) During the term of the contract, the Contractor is obligated
to provide not less than XXXXX (insert minimum percentage or minimum
number of hours) nor more than XXXXX (insert maximum percentage or
maximum number of hours) of XXXXX total direct labor hours. The total
direct labor hours are distributed between the contractor's applicable
labor categories as follows:
(2) The allocation of total direct labor hours between labor
categories, as shown in paragraph (a)(1), reflects the best estimate of
the skill mix required to perform the contract. It is understood and
agreed that this allocation of direct labor hours may be varied, if
necessary, in the actual performance of the work.
(b) ''Direct labor hours'' are those productive hours expended by
Contractor personnel in performing work under this contract that are
charged as direct labor under the Contractor's established accounting
policy and procedures. The term does not include sick leave, vacation,
holiday leave, military leave, or any type of administrative leave but
does include direct labor hours provided under level-of-effort
subcontracts.
(c) Once the maximum number of direct labor hours is reached or the
contract term has ended, the Contractor's obligations under the contract
are fulfilled, even though the specified work may not have been
completed. The Contractor is not authorized to exceed the maximum of
the direct labor hours specified in paragraph (a) of this clause. Any
estimated cost and fee(s) adjustments for additional direct labor hours
shall be based solely upon those hours being added to the maximum number
of direct labor hours specified in this clause.
(d) The fee, if any, is based upon the furnishing of at least the
specified minimum number of direct labor hours, including subcontract
hours. If the Contractor provides less than that specified minimum
number of hours prior to expiration of the contract term, and the
Government has not invoked its rights under the Termination clause of
this contract to adjust the contract for such reduced effort, the
Contracting Officer may unilaterally make an equitable downward
adjustment to the contract fee. The downward adjustment in fee will be
based upon the difference between the minimum direct labor hours
specified under this clause and the amount of direct labor hours
provided by the Contractor. Prior to making such an adjustment, the
Contracting Officer will request the Contractor provide a written
discussion of any extenuating circumstances (e.g., productivity
improvements or reductions in contract scope) which contributed to the
underrun. Any information provided by the Contractor will be considered
by the Contracting Officer in determining the amount of the downward
adjustment in fee.
(57 FR 843, Jan. 9, 1992)
48 CFR 1852.216-83 Fixed Price Incentive.
As prescribed in 1816.405-70(b), insert the following clause:
The target cost of this contract is $XXXXX. The Target profit of
this contract is $XXXXX. The target price (target cost plus target
profit) of this contract is $XXXXX. (The ceiling price is $XXXXX.)
(57 FR 844, Jan. 9, 1992)
48 CFR 1852.216-84 Estimated Cost and Incentive Fee.
As prescribed in 1816.405-70(c), insert the following clause:
The target cost of this contract is $XXXXX. The target fee of this
contract is $XXXXX. The total target cost and target fee as
contemplated by the Incentive Fee clause of this contract are $XXXXX.
(57 FR 844, Jan. 9, 1992)
48 CFR 1852.216-85 Estimated Cost and Award Fee.
As prescribed in 1816.405-70(d), insert the following clause:
The estimated cost of this contract is $XXXXX. The base fee is
$XXXXX, and the maximum available award fee is $XXXXX. Total estimated
cost, base fee, and maximum award fee are $XXXXX.
(57 FR 844, Jan. 9, 1992)
48 CFR 1852.216-86 Settlement of Letter Contract.
As prescribed in 1816.603-470, insert the following clause:
(a) This contract constitutes the definitive contract contemplated by
issuance of letter contract XXXXX (insert number), dated XXXXX. It
supersedes the letter contract and its modification no.(s) XXXXX and, to
the extent of any inconsistencies, governs.
(b) The cost(s) and fee(s), or price(s), established in this
definitive contract represent full and complete settlement of letter
contract XXXXX and modification no.(s) XXXXX.
(57 FR 844, Jan. 9, 1992)
48 CFR 1852.216-87 Submission of vouchers for payment.
As prescribed in 1816.307-70(g), insert the following clause:
(a) Public vouchers for payment of costs shall include a reference to
this contract (Insert the contract number) and be forwarded to:
(Insert the mailing address for submission of cost vouchers.)
This is the designated billing office for cost vouchers for purposes
of the Prompt Payment clause of this contract.
(b) The Contractor shall prepare vouchers as follows: (1) One
original Standard Form (SF) 1034, SF 1035, or equivalent Contractor's
attachment.
(2) Seven copies of SF 1034A, SF 1035A, or equivalent Contractor's
attachment.
(3) The Contractor shall mark SF 1034A copies 1, 2, 3, 4, and such
other copies as may be directed by the Contracting Officer by insertion
in the memorandum block the names and addresses as follows:
(i) Copy 1 NASA Contracting Officer;
(ii) Copy 2 Auditor;
(iii) Copy 3 Contractor;
(iv) Copy 4 Contract administration office; and
(v) Copy 5 Project management office.
(c) Public vouchers for payment of fee shall be prepared similarly
and be forwarded to:
(Insert the mailing address for submission of fee vouchers.)
This is the designated billing office for fee vouchers for purposes
of the Prompt Payment clause of this contract.
(d) In the event that amounts are withheld from payment in accordance
with provisions of this contract, a separate voucher for the amount
withheld will be required before payment for that amount may be made.
(54 FR 28340, July 5, 1989, as amended at 57 FR 844, Jan. 9, 1992)
48 CFR 1852.217-70 Property administration and reporting.
As prescribed in 1817.7002-4 insert the following clause:
All property acquired for, and reimbursed by, NASA or transferred by
NASA for use under this NASA-Defense Purchase Request shall be
controlled and accounted for in accordance with the Military
Department's normal procedures. All excess items, however, costing $500
or more and in condition Code 7 or better (GSA Condition Codes) shall be
reported to the NASA originating office for possible reutilization
before disposition.
48 CFR 1852.219-73 Small business and small disadvantaged business
subcontracting plan.
As prescribed in 1819.708-70, insert the following provision:
(a) This provision is not applicable to small business concerns.
(b) The contract expected to result from this solicitation will
contain FAR clause 52.219-9, ''Small Business and Small Disadvantaged
Business Subcontracting Plan.'' The apparently successful offeror must
submit the complete plan within XXXX (Insert number of days) calendar
days after request by the Contracting Officer.
As prescribed in 1819.708-70, delete the last sentence of paragraph
(b) of the basic clause and substitute the following:
Each offeror must submit the complete plan with its initial proposal.
48 CFR 1852.219-74 Use of Rural Area Small Businesses.
As prescribed in 1819.7103, insert the following clause:
(a) Definitions.
Rural area means any county with a population of fewer than twenty
thousand individuals.
Small business concern, as used in this clause, means a concern,
including its affiliates, that is independently owned and operated, not
dominant in the field of operation in which it is bidding under this
contract, and qualified as a small business under the criteria and size
standards in 13 CFR part 121.
(b) NASA prime and subcontractors are encouraged to use their best
efforts to award subcontracts to small business concerns located in
rural areas.
(c) Contractors acting in good faith may rely on written
representations by their subcontractors regarding their status as small
business concerns located in rural areas.
(d) The Contractor agrees to insert the provisions of this clause,
including this paragraph (d), in all subcontracts hereunder that offer
subcontracting possibilities.
(55 FR 47479, Nov. 14, 1990)
48 CFR 1852.219-76 NASA Small Disadvantaged Business Goal.
As prescribed in 1819.7004, insert the following clause:
(a) Definitions.
Historically Black Colleges and Universities, as used in this clause,
means institutions determined by the Secretary of Education to meet the
requirements of 34 CFR 608.2 and listed therein.
Minority educational institutions, as used in this clause means
institutions meeting the critera established in 34 CFR 607.2 by the
Secreary of Education.
Small disadvantaged business concern, as used in this clause, means a
small business concern owned or controlled by individuals who are both
socially and economically disadvantaged (within the meaning of section
8(a) (5) and (6) of the Small Business Act (15 U.S.C. 637(a) (5) and
(6)). For purposes of this clause, socially and economically
disadvantaged individuals shall be deemed to include women.
(b) The NASA Administrator is required to ensure, to the fullest
extent possible, that at least 8% of the total value of prime and
subcontracts awarded in support of authorized programs, including the
space station by the time operational status is obtained, is made
available to small business concerns or other organizations owned or
controlled by socially and economically disadvantaged individuals
(including women), Historically Black Colleges and Universities, and
minority educational institutions.
(c) The contractor hereby agrees to assist NASA in achieving this
goal by using its best efforts to award subcontracts to small
disadvantaged business concerns, Historically Black Colleges and
Universities, and minority educational institutions, as defined in this
clause, to the fullest extent consistent with efficient contract
performance.
(d) Contractors acting in good faith may rely on written
representations by their subcontractors regarding their status as small
disadvantaged business concerns, Historically Black Colleges and
Universities, and minority educational institutions.
(56 FR 48748, Sept. 26, 1991; 56 FR 56691, Nov. 6, 1991)
48 CFR 1852.222-70 Facilities nondiscrimination notice.
As prescribed in 1822.7002(a), insert the following clause:
If the annual rental under this lease, combined with the annual
rental under all other NASA leases of space in the building in which the
space covered by this lease is located, exceeds $10,000, the lessor
agrees to comply with the requirements of the Facilities
Nondiscrimination clause of this contract.
48 CFR 1852.222-71 Facilities nondiscrimination.
As prescribed in 1822.7002(b), insert the following clause:
(a) As used in this clause, ''facility'' means store, shop,
restaurant, cafeteria, rest room, or any other public facility in the
building in which the space covered by this lease is located.
(b) The lessor shall not discriminate against anyone because of race,
color, religion, or national origin in furnishing, or by refusing to
furnish, the use of any facility, including any services, privileges,
accommodations, and activities provided by that facility. Nothing in
this clause requires the furnishing to the general public of the use of
any facility customarily furnished by the lessor solely to tenants and
their employees, customers, patients, clients, guests, and invitees.
(c) Any noncompliance by the lessor with this clause shall constitute
a material breach of this lease. In the event of noncompliance, the
Government may take appropriate action to enforce compliance, may
terminate this lease, or may pursue any other remedies provided by law.
In the event of termination, the lessor is liable for all excess costs
of the Government in acquiring substitute space, including the cost of
moving to that space. Substitute space shall be obtained in as close
proximity to the lessor's building as is feasible, and moving costs
shall be limited to the actual expenses incurred.
(d) Whenever an agreement is to be entered into or a concession is to
be permitted to operate, the lessor shall include or require the
inclusion of paragraphs (a), (b), and (c) of this clause in every such
agreement or concession arrangement under which any person other than
the lessor operates or has the right to operate any facility. Nothing
in this clause, however, requires the lessor to include or require the
inclusion of those paragraphs in any previously existing agreement or
concession arrangement, or in one under which a party other than the
lessor has the unilateral right to renew or extend the agreement or
arrangement, until the expiration of the existing agreement or
arrangement and the unilateral right to renew or extend.
(e) The lessor shall take, as expeditiously as possible, any lawful
actions NASA may direct to enforce the intent of this clause, including
termination of the agreement or concession and institution of court
action.
48 CFR 1852.223-70 Safety and health.
As prescribed in 1823.7004(c), insert the following clause:
(a) The Contractor shall take all reasonable safety and health
measures in performing under this contract and shall, to the extent set
forth in the contract Schedule, submit a safety plan and a health plan
for the Contracting Officer's approval. The Contractor shall comply
with all Federal, State, and local laws applicable to safety and health
in effect on the date of this contract and with the safety and health
standards, specifications, reporting requirements, and provisions set
forth in the contract Schedule.
(b) The Contractor shall take or cause to be taken any other safety
and health measures the Contracting Officer may reasonably direct. To
the extent that the Contractor may be entitled to an equitable
adjustment for those measures under the terms and conditions of this
contract, the equitable adjustment shall be determined pursuant to the
procedures of the changes clause of this contract; provided, that no
adjustment shall be made under this Safety and Health clause for any
change for which an equitable adjustment is expressly provided under any
other provision of the contract.
(c) The Contractor shall immediately notify and promptly report to
the Contracting Officer or a designee any accident, incident, or
exposure resulting in fatality, lost-time occupational injury,
occupational disease, contamination of property beyond any stated
acceptable limits set forth in the contract Schedule, or property loss
of $25,000 or more arising out of work performed under this contract.
The Contractor is not required to include in any report an expression of
opinion as to the fault or negligence of any employee. Service
contractors (excluding construction contracts) shall provide quarterly
reports specifying lost-time frequency rate, number of lost-time
injuries, exposure, and accident/incident dollar losses as specified in
the contract Schedule. The Contractor shall investigate all
work-related incidents or accidents to the extent necessary to determine
their causes and furnish the Contracting Officer a report, in such form
as the Contracting Officer may require, of the investigative findings
and proposed or completed corrective actions.
(d) (1) The Contracting Officer may notify the Contractor in writing
of any noncompliance with this clause and specify corrective actions to
be taken. The Contractor shall promptly take and report any necessary
corrective action.
(2) If the Contractor fails or refuses to institute prompt corrective
action in accordance with subparagraph (d)(1) of this clause, the
Contracting Officer may invoke the stop-work order clause in this
contract or any other remedy available to the Government in the event of
such failure or refusal.
(e) The Contractor (or subcontractor or supplier) shall insert the
substance of this clause, including this paragraph (e) and any
applicable Schedule provisions, with appropriate changes of designations
of the parties, in subcontracts of every tier that (1) amount to
$1,000,000 or more (unless the Contracting Officer makes a written
determination that this is not required), (2) require construction,
repair, or alteration in excess of $25,000, or (3) regardless of dollar
amount, involve the use of hazardous materials or operations.
(f) Authorized Government representatives of the Contracting Officer
shall have access to and the right to examine the sites or areas where
work under this contract is being performed in order to determine the
adequacy of the Contractor's safety and health measures under this
clause.
(g) As a part of the Contractor's safety plan (and health plan, when
applicable) and to the extent required by the Schedule, the Contractor
shall furnish a list of all hazardous operations to be performed,
including operations indicated in paragraphs (a) and (b) of this clause,
and a list of other major or key operations required or planned in the
performance of the contract, even though not deemed hazardous by the
Contractor. NASA and the Contractor shall jointly decide which
operations are to be considered hazardous, with NASA as the final
authority. Before hazardous operations commence, the Contractor shall
submit for NASA concurrence either or both of the following, as required
by the contract Schedule or by the Contracting Officer:
(1) Written hazardous operating procedures for all hazardous
operations.
(2) A certification program for personnel involved in hazardous
operations.
(54 FR 28340, July 5, 1989, as amended at 56 FR 12460, Mar. 26, 1991)
48 CFR 1852.223-71 Frequency authorization.
As prescribed in 1823.7101, insert the following clause:
(a) Authorization of radio frequencies required in support of this
contract shall be obtained by the Contractor or subcontractor in need
thereof.
(b) For any experimental, developmental, or operational equipment for
which the appropriate frequency allocation has not been made, the
Contractor or subcontractor shall provide the technical operating
characteristics of the proposed electromagnetic radiating device to the
Contracting Officer during the initial planning, experimental, or
developmental phase of contractual performance. Procedures furnished by
the Contracting Officer shall be followed in obtaining radio frequency
authorization.
(c) This clause, including this paragraph (c), shall be included in
all subcontracts that call for developing, producing, testing, or
operating a device for which a radio frequency authorization is
required.
48 CFR 1852.223-72 Potentially hazardous items.
As prescribed in 1823.303-70, insert the following clause:
(a) The Contractor shall furnish complete design information and
drawings showing all details of construction, including materials, for
the following items or components:
(Insert the potentially hazardous items or components.)
These items or components are designated as potentially hazardous to
employees and subcontractors who are to perform any work in connection
with installing them in combination with other equipment, or in testing
them either alone or in combination with other items or components, or
in handling them. The contractor shall inform such employees or
subcontractors of the potentially hazardous nature of these items or
components before requesting or directing the performance of work.
(b) This requirement for delivery of data supersedes any terms of
this contract permitting withholding of data.
(c) The Contractor shall include this clause, including this
paragraph (c), in each subcontract at any tier under this contract that
calls for the manufacture or handling of the items or components
designated according to paragraph (a) of this clause as potentially
hazardous.
48 CFR 1852.223-73 Safety and health plan.
As prescribed in 1823.7004(e), insert the following provision:
The offeror shall submit a detailed safety and health plan, as part
of the offeror's proposal, showing how the Contractor intends to protect
the life, health, and well being of NASA and contractor employees as
well as property and equipment. This plan, as approved by the
Contracting Officer, will be included in any resulting contract.
As prescribed by 1823.7004(f), delete the first sentence of the basic
provision and substitute the following:
The apparently successful offeror shall submit a detailed safety and
health plan after notification of selection but before contract award,
showing how the contractor intends to protect the life, health, and well
being of NASA and contractor employees as well as property and
equipment.
(54 FR 28340, July 5, 1989, as amended at 57 FR 40856, Sept. 8, 1992)
48 CFR 1852.225-71 Nondomestic construction materials.
As prescribed in 1825.205-70, insert the following clause:
The requirements of the Buy American Act -- Construction Materials
clause do not apply to the following construction materials or
components: (List articles of materials and supplies.)
1852.225-72 (Reserved)
48 CFR 1852.225-73 Duty-free entry supplies.
As prescribed in 1825.605-70, insert the following clause:
In accordance with the Duty-Free Entry clause of this contract, the
following supplies will be given duty-free entry:
(Insert the supplies that are to be accorded duty-free entry.)
48 CFR 1852.225-74 NASA Domestic Preference Certificate.
As prescribed in 1825.7105, insert the following provision:
(a) For purposes of this provision, the following definitions apply:
Code country, as used in this subpart, means a country that is a
signatory to the Agreement on Government Procurement (the ''Procurement
Code''). The Code countries are Austria, Belgium, Canada, Denmark,
Federal Republic of Germany, Finland, France, Hong Kong, Ireland,
Israel, Italy, Japan, Luxembourg, Netherlands, Norway, Singapore,
Sweden, Switzerland, and United Kingdom.
Code country end product, as used in this subpart, means an article
that (a) is wholly the growth, product, or manufacture of the Code
country, or (b) in the case of an article which consists in whole or in
part of materials from another country or instrumentality, has been
substantially transformed into a new and different article of commerce
with a name, character, or use distinct from that of the article or
articles from which it was so transformed. The term includes services
(except transportation services) incidental to its supply; provided,
that the value of those incidental services does not exceed that of the
product itself. It does not include service contracts as such (see FAR
25.401).
Components, as used in this provision, means those articles,
materials, and supplies incorporated directly into the end products.
Domestic firm, as used in this provision, means a business entity
that is organized under the laws of the United States and that conducts
business operations in the United States.
Domestic product means the final product of a domestic firm that will
be completely assembled in the United States and of which, when
completely assembled, not less than 51 percent of the cost of all the
components will be domestically incurred.
Foreign firm, as used in this provision, means a business entity
other than a domestic firm.
Foreign product, as used in this provision, means a product other
than a domestic product.
(b) The offeror certifies that it is ( ) is not ( ) a domestic firm.
(c) The offeror certifies that (1) each final product, except those
listed below, will be completely assembled in the United States and (2)
when completely assembled, not less than 51 percent of the cost of all
the components of the final product will be domestically incurred.
Foreign products (also specify if a product is a Code-country,
Canadian, or Israeli end product):
(55 FR 12178, Apr. 2, 1990; 55 FR 38808, Sept. 21, 1990, as amended
at 56 FR 32119, July 15, 1991)
48 CFR 1852.225-75 NASA Domestic Preference.
As prescribed in 1825.7105, insert the following clause:
(a) The NASA domestic preference (Pub. L. 100-147 and Pub. L.
101-611) provides that NASA give preference to domestically produced and
assembled final products of domestic firms.
Components, as used in this clause, means those articles, materials,
and supplies incorporated directly into the end products.
Domestic firm means a business entity that is organized under the
laws of the United States and that conducts business operations in the
United States.
Foreign firm means a business entity that is not a domestic firm.
(b) The contractor, if certified as a domestic firm, shall deliver
only the final product of a domestic firm that will be completely
assembled in the United States and of which, when completely assembled,
not less than 51 percent of the cost of all the components will be
domestically incurred.
(55 FR 12178, Apr. 2, 1990; 55 FR 38808, Sept. 21, 1990, as amended
at 56 FR 32119, July 15, 1991)
48 CFR 1852.227-11 Patent Rights -- Retention by the Contractor (Short
Form).
As prescribed at 1827.373(a), modify the clause at FAR 52.227-11 by
adding the following subparagraph (5) to paragraph (f) of the basic
clause. In addition, use the following subparagraph (2) in lieu of
subparagraph (g)(2) of the basic clause:
(5) The contractor shall provide the contracting officer the
following:
(i) A listing every 12 months (or such longer period as the
contracting officer may specify) from the date of the contract, of all
subject inventions required to be disclosed during the period.
(ii) A final report prior to closeout of the contract listing all
subject inventions or certifying that there were none.
(iii) Upon request, the filing date, serial number and title, a copy
of the patent application, and patent number and issue date for any
subject invention in any country in which the contractor has applied for
patents.
(iv) An irrevocable power to inspect and make copies of the patent
application file, by the Government, when a Federal Government employee
is a coinventor.
(2) The contractor shall include the clause in the NASA FAR
Supplement at 1852.227-70, New Technology, suitably modified to identify
the parties, in all subcontracts, regardless of tier, for experimental,
developmental, research, design, or engineering work to be performed by
other than a small business firm or nonprofit organization.
(55 FR 27089, June 29, 1990)
48 CFR 1852.227-14 Rights in Data -- General.
As prescribed in 1827.409(e), add the following subparagraph (3) to
paragraph (d) of the basic clause at FAR 52.227-14:
(3) The Contractor agrees not to establish claims to copyright,
publish or release to others any computer software first produced in the
performance of this contract without the Contracting Officer's prior
written permission.
(55 FR 27089, June 29, 1990)
48 CFR 1852.227-19 Commercial Computer Software -- Restricted Rights.
(a) As prescribed in 1827.409(f), add the following paragraph (e) to
the basic clause at FAR 52.227-19:
(e) For the purposes of receiving updates, correction notices,
consultation information, or other similar informtaion regarding any
computer software delivered under this contract/purchase order, the NASA
Contracting Officer or the NASA Contracting Officer's Technical
Representative/User may sign any vendor supplied agreements,
registration forms, or cards and return them directly to the vendor;
however, such signing shall not alter any of the rights or obligations
of either NASA or the vendor set forth in this clause or elsewhere in
this contract/purchase order.
(b) As prescribed in 1827.409(g), add the following paragraph (f) to
the basic clause at FAR 52.227-19:
(f) Subject to paragraphs (a) through (e) above, those applicable
portions of the Contractor's standard commercial license or lease
agreement pertaining to any computer software delivered under this
purchase order/contract that are consistent with Federal laws, standard
industry practices, and the Federal Acquisition Regulation (FAR) shall
be incorporated into and made part of this purchase order/contract.
(55 FR 27090, June 29, 1990, as amended at 55 FR 47480, Nov. 14,
1990; 55 FR 53153, Dec. 27, 1990)
48 CFR 1852.227-70 New technology.
As prescribed in 1827.373(b), insert the following clause:
(a) Definitions.
Administrator, as used in this clause, means the Administrator of the
National Aeronautics and Space Administration (NASA) or duly authorized
representative.
Contract, as used in this clause, means any actual or proposed
contract, agreement, understanding, or other arrangement, and includes
any assignment, substitution of parties, or subcontract executed or
entered into thereunder.
Made, as used in this clause, means conception or first actual
reduction to practice; provided, that in the case of a variety of
plant, the date of determination (as defined in section 41(d) of the
Plant Variety Protection Act, 7 U.S.C. 2401(d)) must also occur during
the period of contract performance.
Nonprofit organization, as used in this clause, means a domestic
university or other institution of higher education or an organization
of the type described in section 501(c)(3) of the Internal Revenue Code
of 1954 (26 U.S.C. 501(c)) and exempt from taxation under section 501(a)
of the Internal Revenue Code (26 U.S.C. 501(a)), or any domestic
nonprofit scientific or educational organization qualified under a State
nonprofit organization statute.
Practical application, as used in this clause, means to manufacture,
in the case of a composition or product; to practice, in the case of a
process or method; or to operate, in case of a machine or system; and,
in each case, under such conditions as to establish that the invention
is being utilized and that its benefits are, to the extent permitted by
law or Government regulations, available to the public on reasonable
terms.
Reportable item, as used in this clause, means any invention,
discovery, improvement, or innovation of the Contractor, whether or not
the same is or may be patentable or otherwise protectible under Title 35
of the United States Code, conceived or first actually reduced to
practice in the performance of any work under this contract or in the
performance of any work that is reimbursable under any clause in this
contract providing for reimbursement of costs incurred prior to the
effective date of this contract.
Small business firm, as used in this clause, means a domestic small
business concern as defined at 15 U.S.C. 632 and implementing
regulations of the Administrator of the Small Business Administration.
(For the purpose of this definition, the size standard contained in 13
CFR 121.3-8 for small business contractors and in 13 CFR 121.3-12 for
small business subcontractors will be used.)
Subject invention, as used in this clause, means any reportable item
which is or may be patentable or otherwise protectible under Title 35 of
the United States Code, or any novel variety of plant that is or may be
protectible under the Plant Variety Protection Act (7 U.S.C. 2321, et
seq.).
(b) Allocation of principal rights -- (1) Presumption of title. (i)
Any reportable item that the Administrator considers to be a subject
invention shall be presumed to have been made in the manner specified in
paragraph (1) or (2) of section 305(a) of the National Aeronautics and
Space Act of 1958 (42 U.S.C. 2457(a)) (hereinafter called ''the Act''),
and the above presumption shall be conclusive unless at the time of
reporting the reportable item the Contractor submits to the Contracting
Officer a written statement, containing supporting details,
demonstrating that the reportable item was not made in the manner
specified in paragraph (1) or (2) of section 305(a) of the Act.
(ii) Regardless of whether title to a given subject invention would
otherwise be subject to an advance waiver or is the subject of a
petition for waiver, the Contractor may nevertheless file the statement
described in paragraph (b)(1)(i) of this clause. The Administrator will
review the information furnished by the Contractor in any such statement
and any other available information relating to the circumstances
surrounding the making of the subject invention and will notify the
Contractor whether the Administrator has determined that the subject
invention was made in the manner specified in paragraph (1) or (2) of
section 305(a) of the Act.
(2) Property rights in subject inventions. Each subject invention
for which the presumption of paragraph (b)(1)(i) of this clause is
conclusive or for which there has been a determination that it was made
in the manner specified in paragraph (1) or (2) of section 305(a) of the
Act shall be the exclusive property of the United States as represented
by NASA unless the Administrator waives all or any part of the rights of
the United States, as provided in paragraph (b)(3) of this clause.
(3) Waiver of rights. (i) Section 305(f) of the Act provides for the
promulgation of regulations by which the Administrator may waive the
rights of the United States with respect to any invention or class of
inventions made or that may be made under conditions specified in
paragraph (1) or (2) of section 305(a) of the Act. The promulgated NASA
Patent Waiver Regulations, 14 CFR part 1245, subpart 1, have adopted the
Presidential Memorandum on Government Patent Policy of February 18,
1983, as a guide in acting on petitions (requests) for such waiver of
rights.
(ii) As provided in 14 CFR part 1245, subpart 1, Contractors may
petition, either prior to execution of the contract or within 30 days
after execution of the contract, for advance waiver of rights to any or
all of the inventions that may be made under a contract. If such a
petition is not submitted, or if after submission it is denied, the
Contractor (or an employee inventor of the Contractor) may petition for
waiver of rights to an identified subject invention within eight months
of first disclosure of invention in accordance with paragraph (e)(2) of
this clause, or within such longer period as may be authorized in
accordance with 14 CFR 1245.105.
(c) Minimum rights reserved by the Government. (1) With respect to
each subject invention for which a waiver of rights is applicable in
accordance with 14 CFR part 1245, subpart 1, the Government reserves --
(i) An irrevocable, nonexclusive, nontransferable, royalty-free
license for the practice of such invention throughout the world by or on
behalf of the United States or any foreign government in accordance with
any treaty or agreement with the United States; and
(ii) Such other rights as stated in 14 CFR 1245.107.
(2) Nothing contained in this paragraph (c) shall be considered to
grant to the Government any rights with respect to any invention other
than a subject invention.
(d) Minimum rights to the Contractor. (1) The Contractor is hereby
granted a revocable, nonexclusive, royalty-free license in each patent
application filed in any country on a subject invention and any
resulting patent in which the Government acquires title, unless the
Contractor fails to disclose the subject invention within the times
specified in paragraph (e)(2) of this clause. The Contractor's license
extends to its domestic subsidiaries and affiliates, if any, within the
corporate structure of which the Contractor is a party and includes the
right to grant sublicenses of the same scope to the extent the
Contractor was legally obligated to do so at the time the contract was
awarded. The license is transferable only with the approval of the
Administrator except when transferred to the successor of that part of
the Contractor's business to which the invention pertains.
(2) The Contractor's domestic license may be revoked or modified by
the Administrator to the extent necessary to achieve expeditious
practical application of the subject invention pursuant to an
application for an exclusive license submitted in accordance with 14 CFR
part 1245, subpart 2, Licensing of NASA Inventions. This license will
not be revoked in that field of use or the geographical areas in which
the Contractor has achieved practical application and continues to make
the benefits of the invention reasonably accessible to the public. The
license in any foreign country may be revoked or modified at the
discretion of the Administrator to the extent the Contractor, its
licensees, or its domestic subsidiaries or affiliates have failed to
achieve practical application in that foreign country.
(3) Before revocation or modification of the license, the Contractor
will be provided a written notice of the Administrator's intention to
revoke or modify the license, and the Contractor will be allowed 30 days
(or such other time as may be authorized by the Administrator for good
cause shown by the Contractor) after the notice to show cause why the
license should not be revoked or modified. The Contractor has the right
to appeal, in accordance with 14 CFR 1245.211, any decision concerning
the revocation or modification of its license.
(e) Invention identification, disclosures, and reports. (1) The
Contractor shall establish and maintain active and effective procedures
to assure that reportable items are promptly identified and disclosed to
Contractor personnel responsible for the administration of this New
Technology clause within six months of conception and/or first actual
reduction to practice, whichever occurs first in the performance of work
under this contract. These procedures shall include the maintenance of
laboratory notebooks or equivalent records and other records as are
reasonably necessary to document the conception and/or the first actual
reduction to practice of the reportable items, and records that show
that the procedures for identifying and disclosing reportable items are
followed. Upon request, the Contractor shall furnish the Contracting
Officer a description of such procedures for evaluation and for
determination as to their effectiveness.
(2) The Contractor will disclose each reportable item to the
Contracting Officer within two months after the inventor discloses it in
writing to Contractor personnel responsible for the administration of
this New Technology clause or, if earlier, within six months after the
Contractor becomes aware that a reportable item has been made, but in
any event for subject inventions before any on sale, public use, or
publication of such invention known to the Contractor. The disclosure
to the agency shall be in the form of a written report and shall
identify the contract under which the reportable item was made and the
inventor(s) or innovator(s). It shall be sufficiently complete in
technical detail to convey a clear understanding, to the extent known at
the time of the disclosure, of the nature, purpose, operation, and
physical, chemical, biological, or electrical characteristics of the
reportable item. The disclosure shall also identify any publication, on
sale, or public use of any subject invention and whether a manuscript
describing such invention has been submitted for publication and, if so,
whether it has been accepted for publication at the time of disclosure.
In addition, after disclosure to the agency, the Contractor will
promptly notify the agency of the acceptance of any manuscript
describing a subject invention for publication or of any on sale or
public use planned by the Contractor for such invention.
(3) The Contractor shall furnish the Contracting Officer the
following:
(i) Interim reports every 12 months (or such longer period as may be
specified by the Contracting Officer) from the date of the contract,
listing reportable items during that period, and certifying that all
reportable items have been disclosed (or that there are no such
inventions) and that the procedures required by paragraph (e)(1) of this
clause have been followed.
(ii) A final report, within 3 months after completion of the
contracted work, listing all reportable items or certifying that there
were no such reportable items, and listing all subcontracts at any tier
containing a patent rights clause or certifying that there were no such
subcontracts.
(4) The Contractor agrees, upon written request of the Contracting
Officer, to furnish additional technical and other information available
to the Contractor as is necessary for the preparation of a patent
application on a subject invention and for the prosecution of the patent
application, and to execute all papers necessary to file patent
applications on subject inventions and to establish the Government's
rights in the subject inventions.
(5) The Contractor agrees, subject to section 27.302(i), of the
Federal Acquisition Regulation (FAR), that the Government may duplicate
and disclose subject invention disclosures and all other reports and
papers furnished or required to be furnished pursuant to this clause.
(f) Examination of records relating to inventions. (1) The
Contracting Officer or any authorized representative shall, until 3
years after final payment under this contract, have the right to examine
any books (including laboratory notebooks), records, and documents of
the Contractor relating to the conception or first actual reduction to
practice of inventions in the same field of technology as the work under
this contract to determine whether --
(i) Any such inventions are subject inventions;
(ii) The Contractor has established and maintained the procedures
required by paragraph (e)(1) of this clause; and
(iii) The Contractor and its inventors have complied with the
procedures.
(2) If the Contracting Officer learns of an unreported Contractor
invention that the Contracting Officer believes may be a subject
invention, the Contractor may be required to disclose the invention to
the agency for a determination of ownership rights.
(3) Any examination of records under this paragraph will be subject
to appropriate conditions to protect the confidentiality of the
information involved.
(g) Withholding of payment (this paragraph does not apply to
subcontracts). (1) Any time before final payment under this contract,
the Contracting Officer may, in the Government's interest, withhold
payment until a reserve not exceeding $50,000 or 5 percent of the amount
of this contract, whichever is less, shall have been set aside if, in
the Contracting Officer's opinion, the Contractor fails to --
(i) Establish, maintain, and follow effective procedures for
identifying and disclosing reportable items pursuant to paragraph (e)(1)
of this clause;
(ii) Disclose any reportable items pursuant to paragraph (e)(2) of
this clause;
(iii) Deliver acceptable interim reports pursuant to paragraph
(e)(3)(i) of this clause; or
(iv) Provide the information regarding subcontracts pursuant to
paragraph (h)(4) of this clause.
(2) Such reserve or balance shall be withheld until the Contracting
Officer has determined that the Contractor has rectified whatever
deficiencies exist and has delivered all reports, disclosures, and other
information required by this clause.
(3) Final payment under this contract shall not be made before the
Contractor delivers to the Contracting Officer all disclosures of
reportable items required by paragraph (e)(2) of this clause, and an
acceptable final report pursuant to paragraph (e)(3)(ii) of this clause.
(4) The Contracting Officer may decrease or increase the sums
withheld up to the maximum authorized above. No amount shall be
withheld under this paragraph while the amount specified by this
paragraph is being withheld under other provisions of the contract. The
withholding of any amount or the subsequent payment thereof shall not be
construed as a waiver of any Government rights.
(h) Subcontracts. (1) Unless otherwise authorized or directed by the
Contracting Officer, the Contractor shall --
(i) Include this clause (suitably modified to identify the parties)
in any subcontract hereunder (regardless of tier) with other than a
small business firm or nonprofit organization for the performance of
experimental, developmental, or research work; and
(ii) Include the clause at FAR 52.227-11 (suitably modified to
identify the parties) in any subcontract hereunder (regardless of tier)
with a small business firm or nonprofit organization for the performance
of experimental, developmental, or research work.
(2) In the event of a refusal by a prospective subcontractor to
accept such a clause the Contractor --
(i) Shall promptly submit a written notice to the Contracting Officer
setting forth the subcontractor's reasons for such refusal and other
pertinent information that may expedite disposition of the matter; and
(ii) Shall not proceed with such subcontract without the written
authorization of the Contracting Officer.
(3) In the case of subcontracts at any tier, the agency,
subcontractor, and Contractor agree that the mutual obligations of the
parties created by this clause constitute a contract between the
subcontractor and NASA with respect to those matters covered by this
clause.
(4) The Contractor shall promptly notify the Contracting Officer in
writing upon the award of any subcontract at any tier containing a
patent rights clause by identifying the subcontractor, the applicable
patent rights clause, the work to be performed under the subcontract,
and the dates of award and estimated completion. Upon request of the
Contracting Officer, the Contractor shall furnish a copy of such
subcontract, and, no more frequently than annually, a listing of the
subcontracts that have been awarded.
(5) The subcontractor will retain all rights provided for the
Contractor in the clause of paragraph (h)(1)(i) or (ii) of this clause,
whichever is included in the subcontract, and the Contractor will not,
as part of the consideration for awarding the subcontract, obtain rights
in the subcontractor's subject inventions.
(i) Preference for United States industry. Unless provided
otherwise, no Contractor that receives title to any subject invention
and no assignee of any such Contractor shall grant to any person the
exclusive right to use or sell any subject invention in the United
States unless such person agrees that any products embodying the subject
invention will be manufactured substantially in the United States.
However, in individual cases, the requirement may be waived by the
Administrator upon a showing by the Contractor or assignee that
reasonable but unsuccessful efforts have been made to grant licenses on
similar terms to potential licensees that would be likely to manufacture
substantially in the United States or that under the circumstances
domestic manufacture is not commercially feasible.
(54 FR 28340, July 5, 1989, as amended at 54 FR 53631, Dec. 29, 1989)
48 CFR 1852.227-71 Requests for waiver of rights to inventions.
As prescribed in 1827.373(d), insert the following provision in all
solicitations that include the clause at 1852.227-70, New Technology:
(a) In accordance with the NASA Patent Waiver Regulations, 14 CFR
part 1245, subpart 1, waiver of rights to any or all inventions made or
that may be made under a NASA contract or subcontract with other than a
small business firm or a domestic nonprofit organization may be
requested at different time periods. Advance waiver of rights to any or
all inventions that may be made under a contract or subcontract may be
requested prior to the execution of the contract or subcontract, or
within 30 days after execution by the selected contractor. In addition,
waiver of rights to an identified invention made and reported under a
contract or subcontract may be requested, even though a request for an
advance waiver was not made or, if made, was not granted.
(b) Each request for waiver of rights shall be by petition to the
Administrator and shall include an identification of the petitioner;
place of business and address; if petitioner is represented by counsel,
the name, address and telephone number of the counsel; the signature of
the petitioner or authorized representative; and the date of signature.
No specific forms need be used, but the request should contain a
positive statement that waiver of rights is being requested under the
NASA Patent Waiver Regulations; a clear indication of whether the
request is for an advance waiver or for a waiver of rights for an
individual identified invention; whether foreign rights are also
requested and, if so, the countries, and a citation of the specific
section or sections of the regulations under which such rights are
requested; and the name, address, and telephone number of the party
with whom to communicate when the request is acted upon. Requests for
advance waiver of rights should, preferably, be included with the
proposal, but in any event in advance of negotiations.
(c) Petitions for advance waiver, prior to contract execution, must
be submitted to the Contracting Officer. All other petitions will be
submitted to the Patent Representative designated in the contract.
(d) Petitions submitted with proposals selected for negotiation of a
contract will be forwarded by the Contracting Officer to the
installation Patent Counsel for processing and then to the Inventions
and Contributions Board. The Board will consider these petitions and
where the Board makes the findings to support the waiver, the Board will
recommend to the Administrator that waiver be granted, and will notify
the petitioner and the Contracting Officer of the Administrator's
determination. The Contracting Officer will be informed by the Board
whenever there is insufficient time or information or other reasons to
permit a decision to be made without unduly delaying the execution of
the contract. In the latter event, the petitioner will be so notified
by the Contracting Officer. All other petitions will be processed by
installation Patent Counsel and forwarded to the Board. The Board shall
notify the petitioner of its action and if waiver is granted, the
conditions, reservations, and obligations thereof will be included in
the Instrument of Waiver. Whenever the Board notifies a petitioner of a
recommendation adverse to, or different from, the waiver requested, the
petitioner may request reconsideration under procedures set forth in the
Regulations.
48 CFR 1852.227-72 Designation of new technology representative and
patent representative.
As prescribed in 1827.373(e), insert the following clause:
(a) For purposes of administration of the clause of this contract
entitled ''New Technology'' or ''Patent Rights -- Retention by the
Contractor (Short Form),'' whichever is included, the following named
representatives are hereby designated by the Contracting Officer to
administer such clause:
(b) Reports of reportable items, and disclosure of subject
inventions, interim reports, final reports, utilization reports, and
other reports required by the clause, as well as any correspondence with
respect to such matters, should be directed to the New Technology
Representative unless transmitted in response to correspondence or
request from the Patent Representative. Inquiries or requests regarding
disposition of rights, election of rights, or related matters should be
directed to the Patent Representative. This clause shall be included in
any subcontract hereunder requiring a ''New Technology'' clause or
''Patent Rights -- Retention by the Contractor (Short Form)'' clause,
unless otherwise authorized or directed by the Contracting Officer. The
respective responsibilities and authorities of the above-named
representatives are set forth in 1827.375-3 of the NASA FAR Supplement.
48 CFR 1852.227-84 Patent Rights Clauses.
The contracting officer shall insert the following provision as
prescribed in 1827.373(f):
This solicitation contains the patent rights clauses of FAR 52.227-11
(as modified by the NFS) and NFS 1852.227-70. If the contract resulting
from this solicitation is awarded to a small business or nonprofit
organization, the clause at NFS 1852.227-70 shall not apply. If the
award is to other than a small business or nonprofit organization, the
clause at FAR 52.227-11 shall not apply.
(54 FR 53631, Dec. 29, 1989)
48 CFR 1852.227-85 Invention reporting and rights -- foreign.
As prescribed in 1827.373(c)(1), insert the following clause:
(a) As used in this clause, the term ''invention'' means any
invention, discovery or improvement, and ''made'' means the conception
or first actual demonstration that the invention is useful and operable.
(b) The Contractor shall report promptly to the Contracting Officer
each invention made in the performance of work under this contract. The
report of each such invention shall:
(1) Identify the inventor(s) by full name; and
(2) Include such full and complete technical information concerning
the invention as is necessary to enable an understanding of the nature
and operation thereof.
(c) The Contractor hereby grants to the Government of the United
States of America as represented by the Administrator of the National
Aeronautics and Space Administration the full right, title and interest
in and to each such invention throughout the world, except for the State
in which this contract is to be performed. As to such State, Contractor
hereby grants to the Government of the United States of America as
represented by the Administrator of the National Aeronautics and Space
Administration only an irrevocable, nontransferable, nonexclusive,
royalty-free license to practice each such invention by or on behalf of
the United States of America or any foreign government pursuant to any
treaty or agreement with the United States of America, provided that
Contractor within a reasonable time files a patent application in that
State for each such invention. Where Contractor does not elect to file
such patent application for any such invention in that State, full
right, title and interest in and to such invention in that State shall
reside in the Government of the United States of America as represented
by the Administrator of the National Aeronautics and Space
Administration.
(d) The Contractor agrees to execute or to secure the execution of
such legal instruments as may be necessary to confirm and to protect the
rights granted by paragraph (c) of this clause, including papers
incident to the filing and prosecution of patent applications.
(e) Upon completion of the contract work, and prior to final payment,
Contractor shall submit to the Contracting Officer a final report
listing all inventions reportable under this contract or certifying that
no such inventions have been made.
(f) In each subcontract, the Contractor awards under this contract
where the performance of research, experimental design, engineering, or
developmental work is contemplated, the Contractor shall include this
clause and the name and address of the Contracting Officer.
48 CFR 1852.227-86 Commercial computer software -- licensing.
As prescribed in 1827.409(h), insert the following clause:
(a) Any delivered commercial computer software (including
documentation thereof) developed at private expense and claimed as
proprietary shall be subject to the restricted rights in paragraph (d)
of this clause. Where the vendor/contractor proposes its standard
commercial software license, those applicable portions thereof
consistent with Federal laws, standard industry practices, the Federal
Acquisition Regulations (FAR) and the NASA FAR Supplement, including the
restricted rights in paragraph (d) of this clause, are incorporated into
and made a part of this purchase order/contract.
(b) Although the vendor/contractor may not propose its standard
commercial software license until after this purchase order/contract has
been issued, or at or after the time the computer software is delivered,
such license shall nevertheless be deemed incorporated into and made a
part of this purchase order/contract under the same terms and conditions
as in paragraph (a) of this clause. For purposes of receiving updates,
correction notices, consultation, and similar activities on the computer
software, the NASA Contracting Officer or the NASA Contracting Officer's
Technical Representative/User may sign any agreement, license, or
registration form or card and return it directly to the
vendor/contractor; however, such signing shall not alter any of the
terms and conditions of this clause.
(c) The vendor's/contractor's acceptance is expressly limited to the
terms and conditions of this purchase order/contract. If the specified
computer software is shipped or delivered to NASA, it shall be
understood that the vendor/contractor has unconditionally accepted the
terms and conditions set forth in this clause, and that such terms and
conditions (including the incorporated license) constitute the entire
agreement between the parties concerning rights in the computer
software.
(d) The following restricted rights shall apply:
(1) The commercial computer software may not be used, reproduced, or
disclosed by the Government except as provided below or otherwise
expressly stated in the purchase order/contract.
(2) The commercial computer software may be --
(i) Used, or copied for use, in or with any computer owned or leased
by, or on behalf of, the Government; provided, the software is not
used, nor copied for use, in or with more than one computer
simultaneously, unless otherwise permitted by the license incorporated
under paragraph (a) or (b) of this clause;
(ii) Reproduced for safekeeping (archives) or backup purposes;
(iii) Modified, adapted, or combined with other computer software,
provided that the modified, combined, or adapted portions of the
derivative software incorporating restricted computer software shall be
subject to the same restricted rights; and
(iv) Disclosed and reproduced for use by Government contractors or
their subcontractors in accordance with the restricted rights in
paragraphs (d)(2) (i), (ii), and (iii) of this clause; provided they
have the Government's permission to use the computer software and have
also agreed to protect the computer software from unauthorized use and
disclosure.
(3) If the incorporated vendor's/contractor's software license
contains provisions or rights that are less restrictive than the
restricted rights in paragraph (d)(2) of this clause, then the less
restrictive provisions or rights shall prevail.
(4) If the computer software is published, copyrighted computer
software, it is licensed to the Government, without disclosure
prohibitions, with the rights in paragraphs (d) (2) and (3) of this
clause.
(5) The computer software may be marked with any appropriate
proprietary notice that is consistent with the rights in paragraphs (d)
(2), (3), and (4) of this clause.
(54 FR 28340, July 5, 1989, as amended at 55 FR 27090, June 29, 1990)
48 CFR 1852.227-87 Transfer of Technical Data Under Space Station
International Agreements.
As prescribed at 1827.670-2, insert the following clause:
1. In the cooperative Space Station Freedom program, NASA has the
authority to provide to the international partners all information
necessary to implement the multilateral Space Station Intergovernmental
Agreement and the Space Station Memoranda of Understanding. NASA is
committed under these Space Station agreements to provide its
international Space Station partners with certain technical data which
are subject to the U.S. export control laws and regulations. NASA will
have obtained any necessary approvals from the Department of State for
the transfer of any such technical data. Space Station contractors,
acting as agents of NASA under the specific written direction of the
Contracting Officer, or designated representative, require no other
separate approval under the International Traffic in Arms Regulations
(ITAR) to transfer such data.
2. The Contractor agrees, when specifically directed in writing by
the Contracting Officer, or designated representative, to transfer
identified technical data to a named foreign recipient, in the manner
directed. No export control marking should be affixed to the data
unless so directed. If directed, the text of the marking to be affixed
will be furnished by the Contracting Officer or designated
representative.
3. It should be emphasized that the transfer is limited solely to
those technical data which NASA specifically identifies and directs the
Contractor to transfer in accordance with paragraph 2 of this clause,
and that all other transfers of technical data to foreign entities are
subject to the requirements of the U.S. export control laws and
regulations.
4. Nothing contained in this clause affects the allocation of
technical data rights between NASA and the Contractor or any
subcontractors as set forth in the Rights in Data clause of this
Contract, nor the protection of any proprietary technical data which may
be available to the Contractor or any subcontractor under that clause.
5. The Contractor agrees to include this clause, including this
paragraph 5, in all subcontracts hereunder, appropriately modified to
reflect the relationship of the parties.
(54 FR 39375, Sept. 26, 1989)
48 CFR 1852.228-70 Aircraft ground and flight risk.
As prescribed in 1828.370(a), insert the following clause. The
purpose of this clause is to have the Government assume risks that
generally entail unusually high insurance premiums and are not covered
by the contractor's contents, work-in-process, and similar insurance.
Since the definitions in the clause may not cover every situation that
should be covered to achieve this purpose, the clause may be modified as
follows: If the contract covers helicopters, vertical take-off
aircraft, lighter-than-air airships, or other nonconventional types of
aircraft, the definition of ''aircraft'' should be modified to specify
that the aircraft has reached a point of manufacture comparable to that
specified in the standard definition, which is written for conventional
winged aircraft. The definition of ''in the open'' may be modified to
include ''hush houses,'' test hangers, comparable structures, and other
designated areas. In addition, clause paragraph (d)(3) may be modified
to provide for Government assumption of risk of transportation by
conveyance on streets or highways if the contracting officer determines
that this transportation is limited to the vicinity of the contractor's
premises and is merely incident to work being performed under the
contract.
(a) Notwithstanding any other provisions of this contract, except as
may be specifically provided in the Schedule as an exception to this
clause, the Government, subject to the definitions and limitations of
this clause, assumes the risk of damage to, or loss or destruction of,
aircraft in the open, during operation, and in flight and agrees that
the Contractor shall not be liable to the Government for any such
damage, loss, or destruction.
(b) For the purposes of this clause, the following definitions apply:
(1) Unless otherwise specifically provided in the Schedule,
''aircraft'' includes --
(i) Aircraft (including both complete aircraft and aircraft in the
course of being manufactured, disassembled, or reassembled; provided
that an engine or a portion of a wing or a wing is attached to the
fuselage) to be furnished to the Government under this contract (whether
before or after acceptance Government acceptance); and
(ii) Aircraft (regardless of whether in a state of disassembly or
reassembly) furnished by the Government to the Contractor under this
contract, including all property installed in, in the process of
installation in, or temporarily removed from them, unless the aircraft
and property are covered by a separate bailment agreement.
(2) ''In the open'' means located wholly outside of buildings on the
Contractor's premises, or at such other places as may be described in
the Schedule as being in the open for the purposes of this clause,
except that aircraft furnished by the Government are considered to be in
the open at all times while in Contractor's possession, care, custody,
or control.
(3) ''Flight'' includes any flight demonstration, flight test, taxi
test, or other flight made in the performance of this contract, or for
the purpose of safeguarding the aircraft, or previously approved in
writing by the Contracting Officer.
(i) With respect to land-based aircraft, flight commences with the
taxi roll from a flight line on the Contractor's premises and continues
until the aircraft has completed the taxi roll in returning to a flight
line on the Contractor's premises.
(ii) With respect to seaplanes, flight commences with the launching
from a ramp on the Contractor's premises and continues until the
aircraft has completed its landing run upon return and is beached at a
ramp on the Contractor's premises.
(iii) With respect to helicopters, flight commences upon engagement
of the rotors for the purpose of take-off from the Contractor's premises
and continues until the aircraft has returned to the ground on the
Contractor's premises and the rotors are disengaged.
(iv) With respect to vertical take-off aircraft, flight commences
upon disengagement from any launching platform or device on the
Contractor's premises and continues until the aircraft has been
re-engaged to any launching platform or device on the Contractor's
premises; provided, however, that aircraft off the Contractor's
premises shall be deemed to be in flight when on the ground or water
only during periods of reasonable duration following emergency landing,
other landings made in the performance of this contract, or landings
approved by the Contracting Officer in writing.
(4) ''Contractor's premises'' means those premises designated as such
in the Schedule or in writing by the Contracting Officer, and any other
place to which aircraft are moved for the purpose of safeguarding the
aircraft.
(5) ''Operation'' means operations and tests, other than on any
production line, of aircraft, not in flight, whether or not the aircraft
is in the open or in motion during them and includes operations and
tests of equipment, accessories, and power plants only when installed in
aircraft.
(6) ''Flight crew members'' means the pilot, copilot, and, unless
otherwise specifically provided in the Schedule, the flight engineer and
navigator when required or assigned to their respective crew positions
to conduct any flight on behalf of the Contractor.
(7) ''Contractor's managerial personnel'' means the Contractor's
directors, officers, and any managers, superintendents, or equivalent
representatives who have supervision or direction of all or
substantially all of the Contractor's business or of the Contractor's
operations at any one plant or separate location at which this contract
is performed or a separate and complete major industrial operation in
connection with the performance of this contract.
(c)(1) The Government's assumption of risk under this clause, as to
aircraft in the open, shall continue in effect unless terminated
pursuant to paragraph (c)(3) of this clause. If the Contracting Officer
finds that an aircraft is in the open under unreasonable conditions, the
Contracting Officer shall notify the Contractor in writing of the
conditions found to be unreasonable and require the Contractor to
correct them within a reasonable time.
(2) Upon receipt of this notice, the Contractor shall act promptly to
correct these conditions, regardless of whether it agrees that they are
in fact unreasonable. To the extent that the Contracting Officer may
later determine that they were not in fact unreasonable, an equitable
adjustment shall be made in the contract price to compensate the
Contractor for any additional costs incurred in correcting them, and the
contract shall be modified in writing accordingly.
(3)(i) If the Contracting Officer finds that the Contractor has
failed to act promptly to correct unreasonable conditions or has failed
to correct them within a reasonable time, the Contracting Officer may by
written notice terminate the Government's assumption of risk under this
clause for any aircraft which is in the open under those conditions.
This termination shall be effective at 12:01 a.m. on the 15th day
following the day of receipt by the Contractor of the notice.
(ii) If the Contracting Officer later determines that the Contractor
acted promptly to correct the conditions or that the time taken by the
Contractor was not in fact unreasonable, an equitable adjustment shall,
notwithstanding paragraph (g) of this clause, be made to compensate the
Contractor for any additional costs incurred as a result of the
termination, and the contract shall be modified in writing accordingly.
(4) If the Government's assumption of risk under this clause is
terminated in accordance with paragraph (3) of this clause, the risk of
loss with respect to Government-furnished property shall be determined
in accordance with the Government property clause of this contract, if
any, until the Government's assumption of risk is reinstated in
accordance with paragraph (5) of this clause.
(5)(i) When unreasonable conditions have been corrected, the
Contractor shall promptly notify the Government. The Government may or
may not elect to reassume the risks and relieve the Contractor of
liabilities as provided in this clause, and the Contracting Officer
shall notify the Contractor of the Government's election.
(ii) If, after correction of the conditions, the Government elects to
reassume the risks and relieve the Contractor of liabilities, the
Contractor shall be entitled to an equitable adjustment for any costs of
insurance extending from the end of the third working day after the
Contractor notifies the Government of the correction until the
Government notifies the Contractor of that election.
(iii) If the Government elects not to reassume the risks and the
conditions have in fact been corrected, the Contractor shall be entitled
to an equitable adjustment for any costs of insurance extending after
the third working day referred to in paragraph (c)(5)(ii) of this
clause.
(d) The Government's assumption of risk shall not extend to damage to
or loss or destruction of aircraft --
(1) Resulting from failure of the Contractor, due to willful
misconduct or lack of good faith of any of the Contractor's managerial
personnel, to maintain and administer a program for protecting and
preserving aircraft in the open and during operation, in accordance with
sound industrial practice;
(2) Sustained during flight if the flight crew members conducting the
flight have not been approved in writing by the Contracting Officer;
(3) While in the course of transportation by rail or by conveyance on
public streets, highways, or waterways, except for Government-furnished
property;
(4) To the extent that the damage, loss, or destruction is in fact
covered by insurance;
(5) Consisting of wear and tear, deterioration (including rust and
corrosion), freezing, or mechanical, structural, or electrical breakdown
or failure, unless this damage is the result of other loss, damage, or
destruction covered by this clause (except that, in the case of
Government-furnished property, if the damage consists of reasonable wear
and tear or deterioration or results from inherent vice in such
property, this exclusion shall not apply); or
(6) Sustained while the aircraft is being worked upon and directly
resulting from the work, including but not limited to any repairing,
adjusting, servicing, or maintenance operation, unless the damage, loss,
or destruction is of a type that would be covered by insurance that
would customarily have been maintained by the Contractor at the time of
the damage, loss, or destruction, but for the Government's assumption of
risk under this clause.
(e)(1) With the exception of damage to or loss or destruction of
aircraft in flight, the Government's assumption of risk under this
clause shall not extend to the first $1,000 of loss or damage resulting
from each event separately occurring. The Contractor assumes the risk
of and shall be responsible for the first $1,000 of loss of or damage to
aircraft in the open or during operation resulting from each event
separately occurring, except for reasonable wear and tear and except to
the extent the loss or damage is caused by negligence of Government
personnel.
(2) If the Government elects to require that the aircraft be replaced
or restored by the Contractor to the condition in which it was
immediately prior to the damage, the equitable adjustment in the price
authorized by paragraph (i) of this clause shall not include the dollar
amount of the risk assumed by the Contractor under this paragraph (e).
If the Government does not elect repair or replacement, the Contractor
agrees to credit the contract price or pay the Government $1,000 (or the
amount of the loss if smaller) as directed by the Contracting Officer.
(f) No subcontractor may be relieved from liability for damage to or
loss or destruction of aircraft while in its possession or control,
except to the extent that the subcontract, with the Contracting
Officer's prior written approval, provides for relief of the
subcontractor from that liability. In the absence of such approval, the
subcontract shall require the return of the aircraft in as good
condition as when received, except for reasonable wear and tear or for
the utilization of the property in accordance with the provisions of
this contract. If a subcontractor has not been relieved from liability
and any damage, loss, or destruction occurs, the Contractor shall
enforce the liability of the subcontractor for that damage to or loss or
destruction of the aircraft for the benefit of the Government.
(g) The Contractor warrants that the contract price does not and will
not include, except as this clause may otherwise authorize, any charge
or contingency reserve for insurance (including self-insurance funds or
reserves) covering any damage to or loss or destruction of aircraft
while in the open, during operation, or in flight, the risk of which has
been assumed by the Government under this clause, whether or not such
assumption may be terminated as to aircraft in the open.
(h)(1) In the event of damage to, or loss or destruction of, aircraft
in the open, during operation, or in flight, the Contractor shall take
all reasonable steps to protect the aircraft from further damage,
separate damaged and undamaged aircraft, and put all aircraft in the
best possible order. Further, except in cases covered by paragraph (e)
of this clause, the Contractor should furnish to the Contracting Officer
a statement of --
(i) The damaged, lost, or destroyed aircraft;
(ii) The time and origin of the damage, loss, or destruction;
(iii) All known interests in commingled property of which aircraft
are a part; and
(iv) Any insurance covering any part of the interest in the
commingled property.
(2) Except in cases covered by paragraph (e) of this clause, an
equitable adjustment shall be made in the amount due under this contract
for expenditures made by the Contractor in performing its obligations
under this paragraph (h), and this contract shall be modified in writing
accordingly.
(i)(1) If, before delivery and acceptance by the Government, any
aircraft is damaged, lost, or destroyed and the Government has under
this clause assumed the risk of that damage, loss, or destruction, the
Government shall either (i) require that the aircraft be replaced or
restored by the Contractor to the condition in which it was immediately
prior to the damage or (ii) terminate this contract with respect to that
aircraft.
(2) If the Government requires that the aircraft be replaced or
restored, an equitable adjustment shall be made in the amount due under
this contract and in the time required for its performance, and the
contract shall be modified in writing accordingly.
(3) If, in the alternative, this contract is terminated under this
paragraph (i) with respect to the aircraft, and under this clause the
Government has assumed the risk of the damage, loss, or destruction, the
Contractor shall be paid the contract price for the aircraft (or, if
applicable, any work to be performed on the aircraft) less any amounts
the Contracting Officer determines: (i) That it would have cost the
Contractor to complete the aircraft (or any work to be performed on it),
together with any anticipated profit on the uncompleted work and (ii) to
be the value, if any, of the damaged aircraft or any remaining portion
of it retained by the Contractor. The Contracting Officer shall have
the right to prescribe the manner of disposition of the damaged, lost,
or destroyed aircraft or any remaining parts of it, and, if the
Contractor incurs additional costs as a result of such disposition, a
further equitable adjustment shall be made in the amount due to the
Contractor.
(j)(1) If the Contractor is at any time reimbursed or compensated by
any third person for any damage, loss, or destruction of any aircraft,
the risk of which has been assumed by the Government under this clause
and for which the Contractor has been compensated by the Government, it
shall equitably reimburse the Government.
(2) The Contractor shall do nothing to prejudice the Government's
rights to recover against third parties for any such damage, loss, or
destruction and, upon the request of the Contracting Officer, shall at
the Government's expense furnish to the Government all reasonable
assistance and cooperation (including the prosecution of suit and the
execution of instruments of assignment or subrogation in favor of the
Government) in obtaining recovery.
(54 FR 28340, July 5, 1989, as amended at 57 FR 40856, Sept. 8, 1992)
48 CFR 1852.228-71 Aircraft flight risks.
(a) As prescribed in 1828.311-270, insert the following clause:
(a) Notwithstanding any other provision of this contract
(particularly paragraph (g) of the Government Property
(Cost-Reimbursement, Time-and-Materials, or Labor-Hour Contracts) clause
and paragraph (c) of the Insurance -- Liability to Third Persons
clause), the Contractor shall not: (1) Be relieved of liability for
damage to, or loss or destruction of, aircraft sustained during flight
or (2) be reimbursed for liabilities to third persons for loss of or
damage to property or for death or bodily injury caused by aircraft
during flight, unless the flight crew members have previously been
approved in writing by the Contracting Officer.
(b) For the purposes of this clause --
(1) Unless otherwise specifically provided in the Schedule,
''aircraft'' includes any aircraft, whether furnished by the Contractor
under this contract (either before or after Government acceptance) or
furnished by the Government to the Contractor under this contract,
including all Government property placed or installed or attached to the
aircraft, unless the aircraft and property are covered by a separate
bailment agreement.
(2) ''Flight'' includes any flight demonstration, flight test, taxi
test, or other flight made in the performance of this contract, or for
the purpose of safeguarding the aircraft, or previously approved in
writing by the Contracting Officer.
(i) With respect to land-based aircraft, flight commences with the
taxi roll from a flight line and continues until the aircraft has
completed the taxi roll to a flight line.
(ii) With respect to seaplanes, flight commences with the launching
from a ramp and continues until the aircraft has completed its landing
run and is beached at a ramp.
(iii) With respect to helicopters, flight commences upon engagement
of the rotors for the purpose of take-off and continues until the
aircraft has returned to the ground and rotors are disengaged.
(iv) With respect to vertical take-off aircraft, flight commences
upon disengagement from any launching platform or device and continues
until the aircraft has been re-engaged to any launching platform or
device.
(3) ''Flight crew members'' means the pilot, copilot, and, unless
otherwise specifically provided in the Schedule, the flight engineer and
navigator when required or assigned to their respective crew positions
to conduct any flight on behalf of the Contractor.
(c) (1) If any aircraft is damaged, lost, or destroyed during flight
and the amount of the damage, loss, or destruction exceeds $100,000 or
20 percent of the estimated cost, exclusive of any fee, of this
contract, whichever is less, and if the Contractor is not liable for the
damage, loss, or destruction under the Government Property
(Cost-Reimbursement, Time-and-Materials, or Labor-Hour Contracts) clause
of this contract or under paragraph (a) of this clause, an equitable
adjustment for any resulting repair, restoration, or replacement
required under this contract shall be made: (i) In the estimated cost,
the delivery schedule, or both and (ii) in the amount of any fee to be
paid to the Contractor, and the contract shall be modified in writing
accordingly.
(2) In determining the amount of adjustment in the fee that is
equitable, any fault of the Contractor, its employees, or any
subcontractor that materially contributed to the damage, loss, or
destruction shall be taken into consideration.
48 CFR 1852.228-72 Interparty waiver of liability during STS operations.
As prescribed in 1828.371, insert the following clause:
(a) The Contractor undertakes the obligations of, agrees to be bound
by, and shall receive the protection and benefits of a NASA contractor
under the no-fault, no-subrogation interparty waiver of liability
provision with users for Space Shuttle services, to the extent provided
for and reprinted in paragraph (d) of this clause.
(b) This interparty waiver of liability shall not apply to damage
caused by: (1) NASA to the Contractor's employees or property or (2)
the contractor to NASA's employees or property.
(c) This clause, including this paragraph (c), shall be included in
all subcontracts under this contract under which work is to be performed
in support of STS operations.
(d) The applicable definitions and the no-fault, no-subrogation
interparty waiver of liability provision contained in NASA agreements
with users for Space Shuttle services provide in relevant part as
follows:
1. General.
a. (Paragraph a. of the Shuttle Launch Agreement has been
intentionally omitted since it is not relevant.)
b. For purpose of this (Shuttle Launch) Agreement, the following
definitions shall be applicable:
(1) Liability shall include payments made pursuant to United States'
treaty, any judgment by a court of competent jurisdiction,
administrative and litigation costs, and, after consultation with the
User, settlement payments.
(2) Damage shall mean bodily injury to or death of any person, damage
to, or loss of any property, and loss of revenue or profits or other
direct, indirect, or consequential damages arising therefrom.
2. (Paragraph 2 of the Shuttle Launch Agreement has been
intentionally omitted since it is not relevant.)
3. Damage to Persons or Property Involved in STS Operations.
a. For purposes of this Paragraph 3., the following definitions shall
be applicable:
(1) STS Operations shall mean:
(a) All Space Transportation System activity;
(b) All Payload activity;
(c) All tangible personal property (including ground support, test,
training and simulation equipment) related to paragraph(d) 3.a.(1) (a)
and (b) of this clause;
(d) Research, design, development, test, manufacture, assembly,
integration, transportation, or use of any materials related to
paragraph (d)3.a.(1) (a), (b) or (c) of this clause.
(e) Performance of any services related to paragraph (d)3.a.(1) (a)
through (d) of this clause.
(2) Protected STS Operations shall mean a period of time during which
STS Operations are being performed as follows:
(a) Beginning with the signature of an Agreement or Arrangement with
NASA for Space Transportation System services and (i) when any employee,
Payload or property arrives at a United States Government Installation,
or (ii) during transportation of such to the installation by a United
States Government conveyance, or (iii) at ingress of such into an
Orbiter, for the purpose of fulfilling such Agreement or Arrangement,
whichever occurs first.
(b) Ending with regard to any employee when the employee departs:
(i) A United States Government Installation, or (ii) the Orbiter if it
lands at other than such Installation, or (iii) a United States
Government conveyance which transports the employee from such
Installation or Orbiter, whichever occurs last.
(c) Ending with regard to a Payload or property, not Jettisoned or
Deployed, under the same conditions as set forth in subparagraph
(d)3.a.(2)(b) of this clause.
(d) Ending with whichever occurs last with regard to a Deployed or
Jettisoned payload or property (i) after such impacts the Earth; or
(ii) if retrieved by the Orbiter, under the same conditions set forth in
subparagraph (d)3.a.(2)(b) of this clause.
b. NASA and the User (the parties) will respectively utilize their
property and employees in STS Operations in close proximity to one
another and to others. Furthermore, the parties recognize that all
participants in STS Operations are engaged in the common goal of
meaningful exploration, exploitation and uses of outer space. In
furtherance of this goal, the parties hereto agree to a no-fault,
no-subrogation, interparty waiver of liability pursuant to which each
party agrees not to bring a claim against or sue the other party or
other users and agrees to absorb the financial and any other
consequences for Damage it incurs to its own property and employees as a
result of participation in STS Operations during Protected STS
Operations, irrespective of whether such Damage is caused by NASA, the
User, or other users participating in STS Operations, and regardless of
whether such Damage arises through negligence or otherwise. Thus, the
parties, by absorbing the consequences of damage to their property and
employees without recourse against each other or other users
participating in STS Operations during Protected STS Operations, jointly
contribute to the common goal of meaningful exploration of outer space.
c. The parties agree that this common goal will also be advanced
through extension of the interparty waiver of liability to other
participants in STS operations. Accordingly, the parties agree to
extend the waiver as set forth in paragraph (d)3.b. of this clause to
contractors and subcontractors at every tier of the parties and other
users, as third party beneficiaries, whether or not such contractors or
subcontractors causing damage bring property or employees to a United
States Government Installation or retain title to or other interest in
property provided by them to be used, or otherwise involved, in STS
Operations. Specifically, the parties intend to protect these
contractors and subcontractors from claims, including ''products
liability'' claims, which might otherwise be pursued by the parties, or
the contractors or subcontractors of the parties, or other users or the
contractors or subcontractors of other users. Moreover, it is the
intent of the parties that each will take all necessary and reasonable
steps in accordance with paragraph (d)3.e. of this clause to foreclose
claims for Damage by any participant in STS Operations during Protected
STS Operations, under the same conditions and to the same extent as set
forth in paragraph (d)3.b. of this clause, except for claims between the
User and its contractors or subcontractors and claims between the United
States Government and its contractors and subcontractors.
d. The parties intend that the interparty waiver of liability set
forth in paragraphs (d)3. b. and c. of this clause be broadly
construed to achieve the intended objec-tives.
e. NASA will require all Space Transportation system users entering
into Launch and Associated Services Agreements with NASA after December
1, 1982, to agree to the interparty waiver of liability as set forth in
paragraphs 3.b. and 3.c. of this clause. The User, and each other user,
will require the following to agree to the waiver of liability set forth
in paragraph (d)3.c. of this clause:
(i) All persons and entities to whom it assigns all or part of its
right to Launch and Associated Services; (ii) any person or entity to
whom it has sold or leased or otherwise agreed to provide all or any
portion of its Payload or Payload services prior to the completion of
NASA's launch services for a particular Payload; (iii) all its prime
contractors; and (iv) all its subcontractors who will have persons or
property involved in STS Operations during Protected STS Operations.
NASA will require all the following to agree to the waiver of liability
set forth in paragraph (d)3.c. of this clause:
(i) All its prime contractors; and (ii) all its subcontractors who
will have persons or property involved in STS operations during
Protected STS Operations. Furthermore, NASA has required all STS users
entering into Launch and Associated Services Agreements prior to
December 1, 1982, to agree to a more limited waiver of liability, a copy
of which is available from NASA upon request. Failure of any party to
obtain a waiver agreement required above shall not affect such party's
right to the protections otherwise provided by this paragraph (d)3.
48 CFR 1852.228-73 Bid Bond.
As prescribed in 1828.101-70, insert the following provision:
(a) Each bidder shall submit with its bid a bid bond (Standard Form
24) with good and sufficient surety or sureties acceptable to the
Government, or other security as provided in Federal Acquisition
Regulation clause 52.228-1, in the amount of twenty percent (20%) of the
bid price, or $3 million, whichever is the lower amount.
(b) Bid bonds shall be dated the same date as the bid or earlier.
48 CFR 1852.228-74 Payment and performance bonds.
As prescribed in 1828.102-70, insert the following provision:
Unless the resulting contract is for $25,000 or less, the successful
bidder will be required to furnish payment and performance bonds to the
Contracting Officer as follows:
(a) Performance Bonds: (Standard Form 25)
(1) The penal amount of performance bonds shall be 100 percent of the
original contract price.
(2) The Government may require additional performance bond protection
when a contract price is increased. The increase in protection shall
generally equal 100 percent of the increase in contract price. The
Government may secure additional protection by directing the Contractor
to increase the penal amount of the existing bond or to obtain an
additional bond.
(b) Payment Bonds: (Standard Form 25-A)
(1) The penal amount of payment bonds shall equal --
(i) 50 percent of the contract price if the contract price is not
more than $1 million;
(ii) 40 percent of the contract price if the contract price is more
than $1 million but not more than $5 million; or
(iii) $2.5 million if the contract price is more than $5 million.
(2) If the original contract price is $5 million or less, the
Government may require additional protection if the contract price is
increased. The penal amount of the total protection as revised shall
meet the requirement of paragraph (a)(1) of this clause.
(3) The government may secure additional protection by directing the
Contractor to increase the penal sum of the existing bond or to obtain
an additional bond.
(c) The Contractor shall furnish all bonds, including any necessary
reinsurance agreements, to the Contracting Officer before starting work.
Performance and payment bonds shall be dated the same date as the
contract award date; or, in the case of any additional bond protection
required, the same date as the contract modification date.
(d) Surety companies acceptable to the Government are identified by
the Department of Treasury and listed in the Federal Register.
48 CFR 1852.228-75 Minimum insurance coverage.
As prescribed in 1828.372, insert the following clause:
The Contractor shall obtain and maintain insurance coverage as
follows for the performance of this contract:
(a) Worker's compensation and employer's liability insurance as
required by applicable Federal and state workers' compensation and
occupational disease statutes. If occupational diseases are not
compensable under those statutes, they shall be covered under the
employer's liability section of the insurance policy, except when
contract operations are so commingled with the Contractor's commercial
operations that it would not be practical. The employer's liability
coverage shall be at least $100,000, except in States with exclusive or
monopolistic funds that do not permit workers' compensation to be
written by private carriers.
(b) Comprehensive general (bodily injury) liability insurance of at
least $500,000 per occurrence.
(c) Motor vehicle liability insurance written on the comprehensive
form of policy which provides for bodily injury and property damage
liability covering the operation of all motor vehicles used in
connection with performing the contract. Policies covering motor
vehicles operated in the United States shall provide coverage of at
least $200,000 per person and $500,000 per occurrence for bodily injury
liability and $20,000 per occurrence for property damage. The amount of
liability coverage on other policies shall be commensurate with any
legal requirements of the locality and sufficient to meet normal and
customary claims.
(d) Comprehensive general and motor vehicle liability policies shall
contain a provision worded as follows:
''The insurance company waives any right of subrogation against the
United States of America which may arise by reason of any payment under
the policy.''
(e) When aircraft are used in connection with performing the
contract, aircraft public and passenger liability insurance of at least
$200,000 per person and $500,000 per occurrence for bodily injury, other
than passenger liability, and $200,000 per occurrence for property
damage. Coverage for passenger liability bodily injury shall be at
least $200,000 multiplied by the number of seats or passengers,
whichever is greater.
48 CFR 1852.228-76 Cross-waiver of liability for Space Station
activities.
As prescribed in 1828.373 (a) and (b), insert the following clause:
(a) The objective of this clause is to establish a cross-waiver of
liability in the interest of encouraging participation in the
exploration, exploitation, and use of outer space through the Space
Station. This cross-waiver of liability should be broadly construed to
achieve this objective.
(b) For purposes of this clause:
(1) The term ''the Contractor'' means the person or entity who is a
party to this contract, other than the United States Government and
NASA.
(2) The term ''damage'' means:
(i) Bodily injury to, or other impairment of health of, or death of,
any person;
(ii) Damage to, loss of, or loss of use of, any property;
(iii) Loss of revenue or profits; or
(iv) Other direct, indirect or consequential damage.
(3) The term ''launch vehicle'' means an object (or any part thereof)
intended for launch, launched from Earth, or returning to Earth which
carries payloads or persons, or both.
(4) The term ''Partner State'' means the Governments of Belgium,
Canada, Denmark, France, Italy, the Federal Republic of Germany, Japan,
Netherlands, Norway, Spain, and the United Kingdom of Great Britain and
Northern Ireland. It includes a Cooperating Agency of a Partner State
and the National Space Development Agency of Japan. (The currently
designated Cooperating Agencies are the Ministry of State for Science
and Technology of Canada, the European Space Agency and the Science and
Technology Agency of Japan.)
(5) The term ''payload'' means all property to be flown or used on or
in a launch vehicle or the Space Station.
(6) The term ''Protected Space Operations'' means all launch vehicle
activities, Space Station activities, and payload activities on Earth,
in outer space, or in transit between Earth and outer space related to
Space Station. It includes, but is not limited to:
(i) Research, design, development, test, manufacture, assembly,
integration, operation, or use of launch or transfer vehicles (for
example, the Orbital Maneuvering Vehicle), the Space Station, or a
payload, as well as related support equipment and facilities and
services; and
(ii) All activities related to ground support, test, training,
simulation, or guidance and control equipment and related facilities or
services.
''Protected Space Operations'' also includes all activities related
to evolution of the Space Station as provided for in the Space Station
Intergovernmental Agreement signed on September 29, 1988. ''Protected
Space Operations'' excludes activities on Earth which are conducted on
return from the Space Station to develop further a payload's product or
process for use other than for Space Station related activities.
(7) The term ''related entity'' means:
(i) A contractor or subcontractor of a Partner State, of the United
States Government or of the Contractor, at any tier;
(ii) A user or customer of a Partner State or of the United States
Government, at any tier; or
(iii) A contractor or subcontractor of a user or customer of a
Partner State or of the United States Government, at any tier.
The terms ''contractors'' and ''subcontractors'' include suppliers of
any kind.
(8) The term ''Space Station'' means all the elements listed in the
Annex to the Space Station Intergovernmental Agreement signed on
September 29, 1988, including any capability added to Space Station
through evolution as provided in that Agreement.
(c) The United States Government shall require (1) each Partner
State; (2) each related entity of a Partner State; and (3) except as
provided for in paragraph (h)(1) of this clause, each related entity of
the United States Government; to agree, by contract or otherwise, to
waive all claims, based on damage arising out of Protected Space
Operations, against: (i) The Contractor; (ii) the Contractor's
contractors or subcontractors at any tier; and (iii) the employees of
the Contractor or the employees of the Contractor's contractors or
subcontractors at any tier.
(d) In consideration for the cross-waiver set forth in paragraph (c)
of this clause, the Contractor agrees to a cross-waiver of liability
pursuant to which it waives all claims, based on damage arising out of
Protected Space Operations, against (1) each Partner State; (2) each
related entity of a Partner State; (3) except as provided for in
paragraph (h)(1) of this clause, each related entity of the United
States Government; and (4) except as provided for in paragraph (h)(1)
of this clause, the employees of any of the entities identified in
paragraphs (d)(1) through (3) of this clause.
(e) In addition, the Contractor agrees to extend the cross-waiver of
liability as set forth in paragraph (d) of this clause to its own
related entities by requiring them, by contract or otherwise, to agree
to waive all claims, based on damage arising out of Protected Space
Operations, against the entities or persons identified in paragraphs
(d)(1) through (d)(4) of this clause, except as provided for in
paragraph (h)(1) of this clause.
(f) This cross-waiver in paragraphs (c), (d), and (e) of this clause
shall apply only if the person, entity, or property causing the damage
is involved in Protected Space Operations and the person, entity, or
property damaged is damaged by virtue of its involvement in Protected
Space Operations. The cross-waiver in paragraphs (c), (d), and (e) of
this clause applies to any claims for damage, whatever the legal basis
for such claims, including but not limited to delict and tort (including
negligence of every degree and kind) and contract.
(g) For avoidance of doubt, this cross-waiver of liability includes a
cross-waiver of liability arising from the Convention on International
Liability for Damage Caused by Space Objects where the person, entity,
or property causing the damage is involved in Protected Space Operations
and the person, entity, or property damaged is damaged by virtue of its
involvement in Protected Space Operations.
(h) Notwithstanding the other provisions of this clause, this
cross-waiver of liability shall not be applicable to:
(1) Claims between (i) the United States Government and the
Contractor or between the United States Government and the Contractor's
contractors or subcontractors at any tier; (ii) between the Contractor
and its related entities; or (iii) between the Contractor's related
entities;
(2) Claims made by a natural person, his/her estate, survivors, or
subrogees for injury or death of such natural person;
(3) Claims for damage caused by willful misconduct; and
(4) Intellectual property claims.
(i) Nothing in this clause shall be construed to create the basis for
a claim or suit where none would otherwise exist.
(j) This clause, including this paragraph (j), shall be included in
all subcontracts hereunder, appropriately modified to reflect the
relationship of the parties, where the work is to be performed in
support of Protected Space Operations.
(54 FR 28340, July 5, 1989, as amended at 57 FR 40856, Sept. 8, 1992)
48 CFR 1852.228-77 Reimbursement for war-hazard losses.
As prescribed in 1828.309, insert the following clause:
(a) The Contractor's costs for assuming liability for employee
protection against war-hazard risks pursuant to paragraph (b) of the
Worker's Compensation and War-Hazard Insurance Overseas clause shall be
an allowable cost under this contract, subject to the following:
(1) The Contractor shall submit proof-of-loss files to support
payment or denial of each claim.
(2) As soon as practicable, but no later than one year after the
expiration or termination of this contract, unless the Contracting
Officer extends the time, the Contractor shall convert each claim which
has not been finally settled into a suitable arrangement under which the
claim can be extinguished by the Contractor with a lump-sum payment.
Subject to approval by the Contracting Officer, the Contractor shall
then obtain necessary release documents and settle the claim by lump-sum
arrangement, taking into account any payments previously made.
(3) As to any potential claim that is known to, or reasonably should
be within the knowledge of, the Contractor at the time of final
settlement under this contract, the Contractor shall, at that time,
present to the Government a full report and evaluation, indicating as to
each potential claim that a reasonable investigation of the
circumstances has been made and giving the results of the investigation,
an evaluation of the merits, and an estimate of the amount involved
should the potential claim mature into a valid obligation.
(4) The cost of insurance against a liability reimbursable under this
clause shall not be an allowable cost or otherwise recoverable under
this contract.
(b) The Government may require the Contractor to assign to the
Government in the manner, at the times, and to the extent directed by
the Contracting Officer all right, title, and interest of the Contractor
to any refund, rebate, or recapture arising out of any claim settlement.
The Government may handle such assigned entitlements in any manner it
deems appropriate and may recover any benefits related to claim
settlements.
(c) The Contractor shall, as soon as practicable after an occurrence
that appears to give rise to a claim under this portion of the contract,
(1) perform any investigations that may be appropriate and (2) promptly
notify the Contracting Officer in writing of any additional amount
estimated to be necessary to be obligated on account of that claim. In
addition, the Contractor shall give the Government or its
representatives immediate written notice of any suit or action filed
whose cost or expense may be reimbursable to the Contractor under this
clause. The Contractor shall render full assistance to the Government
in connection with any third-party suit or claim relating to this clause
or its subject matter that the Government elects to prosecute or defend
in its own behalf.
48 CFR 1852.231-70 Date of Incurrence of Costs.
As prescribed in 1831.205-70, insert the following clause:
The Contractor shall be entitled to reimbursement for costs incurred
on or after XXXXX in an amount not to exceed $XXXXX that, if incurred
after this contract had been entered into, would have been reimbursable
under this contract.
(57 FR 844, Jan. 9, 1992)
48 CFR 1852.232-12 Advance Payments.
As prescribed at 1832.412, modify the ''Maximum Payment'' paragraph
(either paragraph (d) or (e)) of 52.232-12, Advance Payments, as
follows:
In the sentence that begins ''When the sum of'', change the word
''When'' to lower case and insert before it the following:
''Unliquidated advance payments shall not exceed $ * * * at any time
outstanding. In addition * * *''.
(57 FR 844, Jan. 9, 1992)
48 CFR 1852.232-70 NASA Progress Payment Rates.
As prescribed in 1832.503-470 insert the following clause:
(a) If the contractor is a large business, the Progress Payments
clause of this contract is modified to change each mention of the
progress payment rate and the ordinary liquidation rate (excepting
paragraph (k), Limitation on Undefinitized Contract Actions) to 85
percent.
(b) If the contractor is a small business, the Progress Payments
clause of this contract is modified to change each mention of the
progress payment rate and the ordinary liquidation rate (excepting
paragraph (k), Limitation on Undefinitized Contract Actions) to 90
percent.
(c) If the contractor is a small disadvantaged business, the Progress
Payments clause of this contract is modified to change each mention of
the progress payment rate and the ordinary liquidation rate (excepting
paragraph (k), Limitation on Undefinitized Contract Actions) to 95
percent.
(d) The above rates are customary uniform progress payment rates for
NASA contracts.
(56 FR 63877, Dec. 6, 1991, as amended at 57 FR 40856, Sept. 8, 1992)
48 CFR 1852.232-77 Limitation of funds (fixed-price contract).
As prescribed in 1832.705-270(a), insert the following clause.
Contracting officers are authorized, in appropriate cases, to revise
clause paragraphs (a), (b), and (g) to specify the work required under
the contract, in lieu of using contract item numbers. The 60-day period
may be varied from 30 to 90 days, and the 75 percent from 75 to 85
percent:
(a) Of the total price of items XX through XX, the sum of $XX is
presently available for payment and allotted to this contract. It is
anticipated that from time to time additional funds will be allocated to
the contract in accordance with the following schedule, until the total
price of said items is allotted:
Date Amounts
(b) The Contractor agrees to perform or have performed work on the
items specified in paragraph (a) of this clause up to the point at
which, if this contract is terminated pursuant to the Termination for
Convenience of the Government clause of this contract, the total amount
payable by the Government (including amounts payable for subcontracts
and settlement costs) pursuant to paragraphs (f) and (g) of that clause
would, in the exercise of reasonable judgment by the Contractor,
approximate the total amount at the time allotted to the contract. The
Contractor is not obligated to continue performance of the work beyond
that point. The Government is not obligated in any event to pay or
reimburse the Contractor more than the amount from time to time allotted
to the contract, anything to the contrary in the Termination for
Convenience of the Government clause notwithstanding.
(c) (1) It is contemplated that funds presently allotted to this
contract will cover the work to be performed until XX.
(2) If funds allotted are considered by the Contractor to be
inadequate to cover the work to be performed until that date, or an
agreed date substituted for it, the Contractor shall notify the
Contracting Officer in writing when within the next 60 days the work
will reach a point at which, if the contract is terminated pursuant to
the Termination for Convenience of the Government clause of this
contract, the total amount payable by the Government (including amounts
payable for subcontracts and settlement costs) pursuant to paragraphs
(f) and (g) of that clause will approximate 75 percent of the total
amount then allotted to the contract.
(3) (i) The notice shall state the estimated date when the point
referred to in paragraph (c)(2) of this clause will be reached and the
estimated amount of additional funds required to continue performance to
the date specified in paragraph (c)(1) of this clause, or an agreed date
substituted for it.
(ii) The Contractor shall, 60 days in advance of the date specified
in paragraph (c)(1) of this clause, or an agreed date substituted for
it, advise the Contracting Officer in writing as to the estimated amount
of additional funds required for the timely performance of the contract
for a further period as may be specified in the contract or otherwise
agreed to by the parties.
(4) If, after the notification referred to in paragraph (c)(3)(ii) of
this clause, additional funds are not allotted by the date specified in
paragraph (c)(1) of this clause, or an agreed date substituted for it,
the Contracting Officer shall, upon the Contractor's written request,
terminate this contract on that date or on the date set forth in the
request, whichever is later, pursuant to the Termination for Convenience
of the Government clause.
(d) When additional funds are allotted from time to time for
continued performance of the work under this contract, the parties shall
agree on the applicable period of contract performance to be covered by
these funds. The provisions of paragraphs (b) and (c) of this clause
shall apply to these additional allotted funds and the substituted date
pertaining to them, and the contract shall be modified accordingly.
(e) If, solely by reason of the Government's failure to allot
additional funds in amounts sufficient for the timely performance of
this contract, the Contractor incurs additional costs or is delayed in
the performance of the work under this contract, and if additional funds
are allotted, an equitable adjustment shall be made in the price or
prices (including appropriate target, billing, and ceiling prices where
applicable) of the items to be delivered, or in the time of delivery, or
both.
(f) The Government may at any time before termination, and, with the
consent of the Contractor, after notice of termination, allot additional
funds for this contract.
(g) The provisions of this clause with respect to termination shall
in no way be deemed to limit the rights of the Government under the
default clause of this contract. The provisions of this Limitation of
Funds clause are limited to the work on and allotment of funds for the
items set forth in paragraph (a). This clause shall become inoperative
upon the allotment of funds for the total price of said work except for
rights and obligations then existing under this clause.
(h) Nothing in this clause shall affect the right of the Government
to terminate this contract pursuant to the Termination for Convenience
of the Government clause of this contract.
48 CFR 1852.232-79 Payment for on-site preparatory costs
As prescribed in 1832.111-70, insert the following clause:
Costs associated with on-site preparatory work (start-up or set-up
costs) will be prorated over all work activities of a Critical Path
Method (CPM) network or Progress Chart against which progress payments
will be sought. Separate payment for on-site preparatory costs will not
be made by the Government.
48 CFR 1852.232-81 Contract funding.
As prescribed in 1832.705-270(b), insert the following clause:
(a) For purposes of payment of cost, exclusive of fee, in accordance
with the Limitation of Funds clause, the total amount allotted by the
Government to this contract is $XXXX. This allotment is for (Insert
applicable item number(s), task(s), or work description) XXXXX and
covers the following estimated period of performance: XXXXX.
(b) An additional amount of $ XXX is obligated under this contract
for payment of fee.
(54 FR 28340, July 5, 1989, as amended at 55 FR 27090, June 29, 1990;
57 FR 40856, Sept. 8, 1992)
48 CFR 1852.232-82 Submission of requests for progress payments.
As prescribed in 1832.502-470, insert the following clause:
The Contractor shall request progress payments in accordance with the
Progress Payments clause by submitting to the Contracting Officer an
original and two copies of Standard Form (SF) 1443, Contractor's Request
for Progress Payment, and the contractor's invoice (if applicable). The
Contracting Officer's office is the designated billing office for
progress payments for purposes of the Prompt Payment clause.
48 CFR 1852.235-70 Scientific and technical information service.
As prescribed in 1835.070(a), insert the following clause:
(a) The Contractor should make the fullest practicable use of the
services provided by the NASA Center for AeroSpace Information (CASI)
during the conduct of research under this contract. The Contractor, if
not already registered with CASI, is encouraged to register by executing
express registration forms that will (1) be provided by CASI and (2)
inform the Contractor of the products and services available in support
of work under the contract.
(b) NASA reserves the right, if any scientific and technical
information requested is unavailable, to so notify the Contractor.
NASA's failure to furnish any information requested shall not entitle
the Contractor to an equitable adjustment.
(54 FR 28340, July 5, 1989, as amended at 56 FR 48748, Sept. 26,
1991)
48 CFR 1852.235-71 Key personnel and facilities.
As prescribed in 1835.070(b), insert the following clause:
(a) The personnel and/or facilities listed below (or specified in the
contract Schedule) are considered essential to the work being performed
under this contract. Before removing, replacing, or diverting any of
the listed or specified personnel or facilities, the Contractor shall
(1) notify the Contracting Officer reasonably in advance and (2) submit
justification (including proposed substitutions) in sufficient detail to
permit evaluation of the impact on this contract.
(b) The Contractor shall make no diversion without the Contracting
Officer's written consent; provided, that the Contracting Officer may
ratify in writing the proposed change, and that ratification shall
constitute the Contracting Officer's consent required by this clause.
(c) The list of personnel and/or facilities (shown below or as
specified in the contract Schedule) may, with the consent of the
contracting parties, be amended from time to time during the course of
the contract to add or delete personnel and/or facilities.
(List here the personnel and/or facilities considered essential,
unless they are specified in the contract Schedule.)
48 CFR 1852.235-72 Plan for new technology reporting.
As prescribed in 1835.070(c), insert the following provision:
The Offeror shall, in the proposal in response to this solicitation,
provide estimates of the cost and manpower requirements to perform the
new technology reporting required by the clause at 1852.227-70, New
Technology, which is to be included in any resulting contract. In
addition, if selected for negotiation, the Offeror will be required to
submit for approval before contract execution a detailed plan setting
forth the manner in which the Offeror will meet the new technology
reporting requirements of the New Technology clause. This plan shall,
at a minimum --
(a) Identify the specific areas of technical effort that are
considered likely to generate new technology;
(b) Describe the means by which project supervisory and technical
personnel will be advised of the responsibilities, details, and benefits
of new technology reporting;
(c) Describe the procedures to be established, maintained, and
followed for reviewing the effort to be undertaken for the purposes of
identification and reporting (disclosure) of new technology within the
time periods and in the manner prescribed by the New Technology clause;
(d) Describe the procedure for timely submission of the interim and
final new technology reports required by the New Technology clause;
(e) Describe the procedures for (1) selecting either NASA's New
Technology clause or another patent rights clause for inclusion in
subcontracts having as a purpose the conduct of experimental,
developmental, research, design, or engineering work, and (2) providing
prompt notification of either the award of such subcontracts or a
subcontractor's refusal to accept the clause; and
(f) Identify the individual(s) assigned substantial and specific
responsibilities for ensuring compliance with the requirements of the
New Technology clause, as well as their qualifications and
organizational placement to discharge these responsibilities.
48 CFR 1852.236-71 Additive or deductive items.
As prescribed in 1836.370(a), insert the following provision:
(a) The low bidder for purposes of award shall be the conforming
responsible bidder offering the low aggregate amount for the first or
base bid item, plus or minus (in order of priority listed in the
Schedule) those additive or deductive bid items providing the most
features of the work within the funds determined by the Government to be
available before bids are opened. If addition of another bid item in
the listed order of priority would make the award exceed those funds for
all bidders, it shall be skipped and the next subsequent additive bid
item in a lower amount shall be added for each bid if award on it can be
made within the funds.
(b) An example for one bid is an amount available of $100,000, a
bidder's base bid of $85,000, and four successive additives of $10,000,
$8,000, $6,000, and $4,000. In this example, the aggregate amount of
the bid for purposes of award would be $99,000 for the base bid plus the
first and fourth additives, the second and third additives being skipped
because either of them would cause the aggregate bid to exceed $100,000.
(c) All bids shall be evaluated on the basis of the same additive or
deductive bid items. The listed order of priority must be followed only
for determining the low bidder. After determination of the low bidder,
award in the best interests of the Government may be made to that bidder
on its base bid and any combination of its additive or deductive bid
items for which funds are determined to be available at the time of the
award, provided that award of the combination of bid items does not
exceed the amount offered by any other conforming responsible bidder for
the same combination of bid items.
48 CFR 1852.236-72 Bids with unit prices.
As prescribed in 1836.370(b), insert the following provision:
(a) All extensions of the unit prices bid will be subject to
verification by the Government. If there is variation between the unit
price and any extended amounts, the unit price will be considered to be
the bid.
(b) If a modification to a bid based on unit prices that provides for
a lump-sum adjustment to the total estimated cost is submitted, the
application of the lump sum adjustment to each unit price in the bid
must be stated. If it is not stated, the lump-sum adjustment shall be
applied on a pro rata basis to every unit price in the bid.
48 CFR 1852.236-73 Hurricane plan.
As prescribed in 1836.570-1, insert the following clause:
In the event of a hurricane warning, the Contractor shall --
(a) Inspect the area and place all materials possible in a protected
location;
(b) Tie down, or identify and store, all outside equipment and
materials;
(c) Clear all surrounding areas and roofs of buildings, or tie down
loose material, equipment, debris, and any other objects that could
otherwise be blown away or blown against existing buildings; and
(d) Ensure that temporary erosion controls are adequate.
48 CFR 1852.236-74 Magnitude of requirement.
As prescribed in 1836.570-2, insert the following provision:
The Government estimated price range of this project is between $XXXX
and $XXXX. (Insert the estimated dollar range.)
48 CFR 1852.237-70 Emergency evacuation procedures.
As prescribed at 1837.110-70, insert the following clause:
The contractor shall assure that its personnel at Government
facilities are familiar with the functions of the Government's emergency
evacuation procedures. If requested by the Contracting Officer, the
Contractor shall designate an individual or individuals as contact
points to provide for efficient and rapid evacuation of the facility if
and when required.
(54 FR 28340, July 5, 1989, as amended at 54 FR 39376, Sept. 26,
1989)
48 CFR 1852.242-70 Technical direction.
As prescribed in 1842.7001, insert the following clause:
(a) Performance of the work under this contract is subject to the
written technical direction of the Contracting Officer Technical
Representative (COTR), who shall be specifically appointed by the
Contracting Officer in writing in accordance with NASA FAR Supplement
1842.270. ''Technical direction'' means a directive to the Contractor
that approves approaches, solutions, designs, or refinements; fills in
details or otherwise completes the general description of work or
documentation items; shifts emphasis among work areas or tasks; or
furnishes similar instruction to the Contractor. Technical direction
includes requiring studies and pursuit of certain lines of inquiry
regarding matters within the general tasks and requirements in Section C
of this contract.
(b) The COTR does not have the authority to, and shall not, issue any
instruction purporting to be technical direction that --
(1) Constitutes an assignment of additional work outside the
statement of work;
(2) Constitutes a change as defined in the changes clause;
(3) Constitutes a basis for any increase or decrease in the total
estimated contract cost, the fixed fee (if any), or the time required
for contract performance;
(4) Changes any of the expressed terms, conditions, or specifications
of the contract; or
(5) Interferes with the contractor's rights to perform the terms and
conditions of the contract.
(c) All technical direction shall be issued in writing by the COTR.
(d) The Contractor shall proceed promptly with the performance of
technical direction duly issued by the COTR in the manner prescribed by
this clause and within the COTR's authority. If, in the Contractor's
opinion, any instruction or direction by the COTR falls within any of
the categories defined in paragraph (b) of this clause, the Contractor
shall not proceed but shall notify the Contracting Officer in writing
within 5 working days after receiving it and shall request the
Contracting Officer to take action as described in this clause. Upon
receiving this notification, the Contracting Officer shall either issue
an appropriate contract modification within a reasonable time or advise
the Contractor in writing within 30 days that the instruction or
direction is --
(1) Rescinded in its entirety; or
(2) Within the scope of the contract and does not constitute a change
under the changes clause of the contract, and that the Contractor should
proceed promptly with its performance.
(e) A failure of the contractor and contracting officer to agree that
the instruction or direction is both within the scope of the contract
and does not constitute a change under the changes clause, or a failure
to agree upon the contract action to be taken with respect to the
instruction or direction, shall be subject to the Disputes clause of
this contract.
(f) Any action(s) taken by the contractor in response to any
direction given by any person other than the Contracting Officer or the
COTR shall be at the Contractor's risk.
(54 FR 28340, July 5, 1989, as amended at 56 FR 32119, July 15, 1991)
48 CFR 1852.242-71 Travel outside of the United States.
As prescribed in 1842.7002, insert the following clause:
(a) The Contracting Officer must authorize in advance and in writing
travel to locations outside of the United States by Contractor employees
that is to be charged as a cost to this contract. This approval may be
granted when the travel is necessary to the efforts required under the
contract and it is otherwise in the best interest of NASA.
(b) The Contractor shall submit requests to the Contracting Officer
at least 30 days in advance of the start of the travel.
(c) The Contractor shall submit a travel report at the conclusion of
the travel. The Contracting Officer's approval of the travel will
specify the required contents and distribution of the travel report.
(54 FR 28340, July 5, 1989, as amended at 55 FR 27090, June 29, 1990;
56 FR 12460, Mar. 26, 1991)
48 CFR 1852.242-72 Observance of Legal Holidays.
As prescribed in 1842.7003(a), insert the following clause:
(a) The on-site Government personnel observe the following holidays:
New Year's Day
Labor Day
Martin Luther King, Jr.'s Birthday
Columbus Day
President's Birthday
Veterans Day
Memorial Day
Thanksgiving Day
Independence Day
Christmas Day
Any other day designated by Federal statute, Executive Order, or the
President's proclamation.
(b) When any holiday falls on a Saturday, the preceding Friday is
observed. When any holiday falls on a Sunday, the following Monday is
observed. Observance of such days by Government personnel shall not by
itself be cause for an additional period of performance or entitlement
of compensation except as set forth within the contract.
As prescribed in 1842.7003(b), add the following paragraphs (c) and
(d) as Alternate I to the clause.
(c) On-site personnel assigned to this contract shall not be granted
access to the installation during the holidays in paragraph (a) of the
clause, except as follows: the Contractor shall provide sufficient
on-site personnel to perform round-the-clock requirements of critical
work already in process, unless otherwise instructed by the Contracting
Officer or authorized representative. If the Contractor's on-site
personnel work during a holiday other than those in paragraph (a) of the
clause, no form of holiday or other premium compensation shall be
reimbursed as either a direct or indirect cost. However, this does not
preclude reimbursement for authorized overtime work that would have been
overtime regardless of the status of the day as a holiday.
(d) The Contractor shall place identical requirements, including this
paragraph, in all subcontracts that require performance of work on-site,
unless otherwise instructed by the Contracting Officer.
As prescribed in 1842.7003(c), add the following paragraphs (e) and
(f):
(e) When the NASA installation grants administrative leave to its
Government employees (e.g., as a result of inclement weather,
potentially hazardous conditions, or other special circumstances),
Contractor personnel working on-site should also be dismissed. However,
the contractor shall provide sufficient onsite personnel to perform
round-the-clock requirements of critical work already in process, unless
otherwise instructed by the Contracting Officer or authorized
representative.
(f) Whenever administrative leave is granted to Contractor personnel
pursuant to paragraph (e) of this clause, it shall 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
cost under this contract for employees in accordance with the
Contractor's established accounting policy.
(54 FR 39376, Sept. 26, 1989, as amended at 57 FR 40856, Sept. 8,
1992)
48 CFR 1852.243-70 Engineering change proposals.
As prescribed in 1843.205-70(a), insert the following clause,
modified to suit contract type:
(a) Definitions.
ECP means an Engineering Change Proposal (ECP) which is a proposed
engineering change and the documentation by which the change is
described, justified, and submitted to the procuring activity for
approval or disapproval.
MIL-STD-480B means a DoD publication entitled, Military Standard
Configuration Control -- Engineering Changes, Deviations and Waivers, 15
July 1988.
(b) Either party to the contract may originate ECPs. The originator
shall forward proposed ECPs to the Contracting Officer. Unless
otherwise required by the Contracting Officer, the ECP formats, forms
and controls specified in MIL-STD-480B shall be used. Implementation of
an approved ECP may occur by either a supplemental agreement or, if
appropriate, as a written change order to the contract.
(c) Any ECP submitted to the Contracting Officer shall include a
''not-to-exceed'' XXX (price or estimated cost) increase or decrease
adjustment amount, in any, and the required (time of delivery or period
of performance) adjustment, if any, acceptable to the originator of the
ECP. If the change is originated within the Government, the Contracting
Officer shall obtain a written agreement with the contractor regarding
the ''not-to-exceed'' XXX (price or estimated cost) and (delivery or
period of performance) adjustments, if any, prior to issuing an order
for implementation of the change.
(d) Concurrent with the submission of an ECP, the contractor shall,
in accordance with FAR 15.804-6, provide a completed Standard Form 1411,
Contract Pricing Proposal Cover Sheet, with appropriate attachments. At
the time of agreement on the XXX (price or estimated cost) amount, the
contractor may be required to execute and submit to the Contracting
Officer a Certificate of Current Cost or Pricing Data (FAR 15.804-2 and
15.804-4).
As prescribed in 1843.205-70(b), add the following paragraph (e),
modified to suit contract type, to the basic clause:
(e) If the XXX (price or estimated cost) adjustment proposed for any
Contractor-originated ECP is XXX (Insert a percent or dollar amount of
the contract price or estimated cost.) or less, the ECP shall be
executed with no adjustment to the contract XXX (price or estimated
cost).
As prescribed in 1843.205-70(c), add the following sentence at the
end of paragraph (c) of the basic clause:
An ECP accepted in accordance with the Changes clause of this
contract shall not be considered an authorization to the Contractor to
exceed the estimated cost in the contract Schedule, unless the estimated
cost is increased by the change order or other contract modification.
(55 FR 47480, Nov. 14, 1990, as amended at 56 FR 12460, Mar. 26,
1991)
48 CFR 1852.244-70 Geographic participation in the aerospace program.
As prescribed in 1844.170, insert the following clause:
(a) It is the policy of the National Aeronautics and Space
Administration to advance a broad participation by all geographic
regions in filling the scientific, technical, research and development,
and other needs of the aerospace program.
(b) The Contractor agrees to use its best efforts to solicit
subcontract sources on the broadest feasible geographic basis consistent
with efficient contract performance and without impairment of program
effectiveness or increase in program cost.
(c) The Contractor further agrees to insert this clause in all
subcontracts of $100,000 and over.
48 CFR 1852.245-70 Acquisition of centrally reportable equipment.
As prescribed in 1845.106-70(a), insert the following clause:
(a) ''Centrally reportable equipment,'' as used in this clause, means
plant equipment, special test equipment (including components), special
tooling, and non-flight space property (including ground support
equipment) (1) generally commercially available and used either as a
separate item or as a component of a system, (2) having an acquisition
cost of $1,000 or more (unless a lower threshold is specified elsewhere
in this contract), and (3) is identifiable by a manufacturer and model
number.
(b) (1) Before acquiring (including acquiring by fabricating) any
item of centrally reportable equipment under this contract (unless for
incorporation into flight-qualified or flight-monitoring deliverable end
items), the Contractor shall provide to the Contracting Officer, at the
earliest possible date, a description of the item sufficiently detailed
to enable screening of existing Government inventories.
(2) For this purpose, the Contractor shall (i) prepare a separate DD
Form 1419, DOD Industrial Plant Equipment Requisition, for each item of
centrally reportable equipment to be acquired and (ii) forward it
through the Contracting Officer to the NASA Equipment Management System
(NEMS) Coordinator at the cognizant NASA installation at least 30 days
in advance of the date the Contractor intends to acquire or begin
fabricating the item. If a certificate of non-availability is not
received within that period, the Contractor may proceed to acquire the
item, subject to any other applicable provisions of this contract.
Instructions for preparing the DD Form 1419 are contained in NASA FAR
Supplement 1845.7103. The same data may be provided in an alternate
format when requesting other than Defense Industrial Plant Equipment
Center (DIPEC) controlled items.
(3) Upon receiving the item described on the DD Form 1419 (regardless
of whether it is Contractor-acquired or Government-furnished), the
Contractor shall prepare and submit a DD Form 1342 or equivalent data,
in accordance with NASA FAR Supplement 1845.505-670.
48 CFR 1852.245-71 Installation-provided government property.
As prescribed in 1845.106-70(b), insert the following clause:
(a) In performance of work under this contract, certain Government
property identified in the contract shall be made available to the
Contractor on a no-charge-for-use basis by the installation's Supply and
Equipment Management Officer. That property shall be utilized in the
performance of this contract at the installation that provided the
property or at such other installations or locations as may be specified
elsewhere in this contract. Under this clause, the Government retains
accountability for as well as title to the property, and the Contractor
assumes user responsibilities prescribed in the installation property
management directives listed elsewhere in this contract.
(b) (1) The official accountable recordkeeping and financial control
and reporting of the property subject to this clause shall be retained
by the Government and accomplished by the installation's Supply and
Equipment Management and Financial Management Officers. However, the
Government will provide the Contractor a record of all items of such
property, including copies of all transaction documents used to describe
changes to this record. The Contractor shall maintain this record and
transaction documentation in such a condition that, at any stage of
completion of work under this contract, the status of the property,
including location, utilization, consumption rate, and identification,
can be readily ascertained.
(2) The Contractor shall also adhere to all other procedures (and be
subject to sanctions related to those procedures) prescribed by the
installation's director that have been established for the management of
installation property. The records and documentation shall be made
available, upon request, to the installation's Supply and Equipment
Management Officer and any other formally designated representatives of
the Contracting Officer.
(c) If the Government fails to provide the Government property
specified in this contract and that failure adversely affects the
Contractor's ability to perform the contract, the Contracting Officer
shall, upon timely written request from the Contractor, (1) make a
determination of the effect on the Contractor and (2) equitably adjust
the contract in accordance with the procedure provided in the FAR 52.243
changes clause of this contract. Equitable adjustments made pursuant to
this paragraph (c), however, shall not include adjustments in fee,
unless the property to be provided was described in specific quantities
of specific items.
(d) Government property made available under this clause shall in
every respect be subject to the provisions of the FAR 52.245 Government
property clause of this contract, except as provided in paragraphs (a),
(b), and (c) of this clause and as may otherwise be provided in this
contract with respect to (1) the Contractor's responsibilities for
repair and maintenance of Government property, or (2) the Contractor's
liability for any loss of or damage to such property that is
attributable to the Contractor's failure to maintain and administer a
program for maintenance and repair in accordance with sound industrial
practice.
As prescribed in 1845.106-70(b)(3), insert the following as paragraph
(b)(3) of the basic clause:
(3) The contractor shall not utilize the installation's central
receiving facility for receipt of Contractor-acquired property.
However, the Contractor shall provide listings suitable for establishing
accountable records of all such property received, on a quarterly basis,
to the Contracting Officer and the Supply and Equipment Management
Officer.
48 CFR 1852.245-72 Liability for government property furnished for
repair or other services.
As prescribed in 1845.106-70(c), insert the following clause:
(a) This clause shall govern with respect to any Government property
furnished to the Contractor for repair or other services that is to be
returned to the Government. Such property, hereinafter referred to as
''Government property furnished for servicing,'' shall not be subject to
any clause of this contract entitled Government-Furnished Property or
Government Property.
(b) The official accountable recordkeeping and financial control and
reporting of the property subject to this clause shall be retained by
the Government. The Contractor shall maintain adequate records and
procedures to ensure that the Government property furnished for
servicing can be readily accounted for and identified at all times while
in its custody or possession or in the custody or possession of any
subcontractor.
(c) The Contractor shall be liable for any loss or destruction of or
damage to the Government property furnished for servicing: (1) Caused
by the Contractor's failure to exercise such care and diligence as a
reasonable prudent owner of similar property would exercise under
similar circumstances, or (2) sustained while the property is being
worked upon and directly resulting from that work, including, but not
limited to, any repairing, adjusting, inspecting, servicing, or
maintenance operation. The Contractor shall not be liable for loss or
destruction of or damage to Government property furnished for servicing
resulting from any other cause except to the extent that the loss,
destruction, or damage is covered by insurance (including self-insurance
funds or reserves).
(d) In addition to any insurance (including self-insurance funds or
reserves) carried by the Contractor and in effect on the date of this
contract affording protection in whole or in part against loss or
destruction of or damage to such Government property furnished for
servicing, the amount and coverage of which the Contractor agrees to
maintain, the Contractor further agrees to obtain any additional
insurance covering such loss, destruction, or damage that the
Contracting Officer may from time to time require. The requirements for
this additional insurance shall be effected under the procedures
established by the FAR 52.243 changes clause of this contract.
(e) The Contractor shall hold the Government harmless and shall
indemnify the Government against all claims for injury to persons or
damage to property of the Con-tractor or others arising from the
Contractor's possession or use of the Government property furnished for
servicing or arising from the presence of that property on the
Contractor's premises or property.
48 CFR 1852.245-73 Financial reporting of
government-owned/contractor-held property.
As prescribed in 1845.106-70(d), insert the following clause (note
that when the clause is used with its Alternate I or Alternate II, the
word ''annually'' in paragraph (a) must be replaced by ''monthly'' or
''quarterly,'' as appropriate):
(a) The Contractor shall prepare and submit annually a NASA Form
1018, Report of Government-Owned/Contractor-Held Property, in accordance
with 1845.505-14 and the instructions on the form and in section
1845.7101 of the NASA FAR Supplement, except that the reporting of space
hardware shall be required only as directed in clause 1852.245-78, Space
Hardware Reporting, of this contract, if applicable.
(b) If administration of this contract has been delegated to the
Department of Defense, the original and three copies of NASA Form 1018
shall be submitted through the DOD Property Administrator to the NASA
office identified below. If the contract is administered by NASA, the
forms shall be submitted directly to the following NASA office:
XXXXXX(Insert the address and office code of the organization within the
cognizant NASA installation responsible for control and distribution of
the NF 1018.)
(c) The annual reporting period shall be from July 1 of each year to
June 30 of the following year. The report shall be submitted by July
31.
(d) The Contractor agrees to insert this reporting requirement in all
first-tier subcontracts, except that the requirement shall provide for
the submission of the subcontractors' reports to the Contractor, not to
the Government. The Contractor shall require the subcontractors'
reports to be submitted in sufficient time to meet the reporting date in
paragraph (c) of this clause.
(e) The Contractor's report shall consist of a consolidation of the
subcontractors' reports and the Contractor's own report.
As prescribed in 1845.106-70(d), insert the following paragraph (c)
for paragraph (c) of the basic clause and modify paragraph (a)
accordingly:
(c) The monthly report is due no later than the last day of the month
following the month being reported.
As prescribed in 1845.106-70(d), insert the following paragraph (c)
for paragraph (c) of the basic clause and modify paragraph (a)
accordingly:
(c) The quarterly report is due no later than the last day of the
month following the quarter being reported.
48 CFR 1852.245-74 Contractor Accountable On-Site Government Property.
As prescribed in 1845.106-70(e), insert the following clause:
(a) In performance of work under this contract, certain Government
property identified in the contract shall be provided to the Contractor
on a no-charge-for-use basis by the installation's Supply and Equipment
Management Officer. That property shall be utilized in the performance
of this contract at the installation that provided the property or at
such other installations or locations as may be specified elsewhere in
this contract. The Contractor assumes accountability and user
responsibilities for the property.
(b) Government property provided shall in every respect be subject to
the provisions of the FAR 52.245 Government property clause of this
contract. In addition, the contractor is responsible for managing this
property in accordance with the guidelines provided by the
installation's Supply and Equipment Management Officer or any other
formally designated representatives of the Contracting Officer. The
guidelines include but are not limited to requiring the Contractor to --
(1) Use economic order quantity (EOQ) methods for routine stock
replenishment;
(2) Utilize the Federal Cataloging System;
(3) Comply with shelf-life requirements;
(4) Provide for accountability and control (using the NASA Equipment
Management System (NEMS)) of all equipment costing $1000 and over, plus
that equipment designated as ''sensitive'';
(5) Provide for physical inventory of all controlled equipment at
least every 3 years;
(6) Provide for sample inventories of materials plus complete
inventories every 5 years;
(7) Conduct walk-through utilization inspections;
(8) Screen NEMS before acquiring any equipment costing $1000 or over,
plus equipment designated by the installation as sensitive and costing
$500 and over;
(9) Support the Equipment Acquisition Document (EAD) process; and
(10) Use Government sources as the first source of supply.
(c) Data requirements relating to the guidelines in paragraph (b) of
this clause are specified under section F, Deliveries or performance.
48 CFR 1852.245-75 Title to equipment.
As prescribed in 1845.106-70(f), insert the following clause:
(a) In accordance with the FAR 52.245 Government property clause of
this contract, title to equipment and other tangible personal property
acquired by the Contractor with funds provided for conducting research
under this contract and having an acquisition cost less than $XXXX
(Insert a dollar value not less than $5,000) shall vest in the
Contractor upon acquisition, provided that the Contractor has complied
with the requirements of the FAR 52.245 Government property clause.
(b) Upon completion or termination of this contract, the Contractor
shall submit to the Contracting Officer a list of all equipment with an
acquisition cost of $XXXX (Insert the dollar value specified in
paragraph (a)) or more acquired under the contract during the contract
period. The list shall include a description, manufacturer and model
number, date acquired, cost, and condition information, and shall be
submitted within 30 calendar days after completion or termination of the
contract, in accordance with Federal Acquisition Regulation subsection
45.606-5.
(c) Title to the property specified in paragraph (b) of this clause
vests in the Contractor, but the Government retains the right to direct
transfer of title to property specified in paragraph (b) of this clause
to the Government or to a third party within 180 calendar days after
completion or termination of the contract. Such transfer shall not be
the basis for any claim by the Contractor.
(d) Title to all Government-furnished property remains vested with
the Government (see the FAR 52.245 Government property clause).
(e) Title to the contractor-acquired property listed below shall vest
with the Government.
(List any contractor-acquired property for which vesting of title
with the Government is appropriate or insert ''None'').
48 CFR 1852.245-76 List of Government-furnished property.
As prescribed in 1845.106-70(g), insert the following clause:
For performance of work under this contract, the Government will make
available Government property identified below or in Attachment
XXXX(Insert attachment number or ''not applicable'') of this contract on
a no-charge-for-use basis. The Contractor shall use this property in
the performance of this contract at XXXX(Insert applicable site(s) where
property will be used) and at other location(s) as may be approved by
the Contracting Officer. Under the FAR 52.245 Government property
clause of this contract, the Contractor is accountable for the
identified property.
(Insert a description of the item(s), quantity, acquisition cost, and
date the property will be furnished to the Contractor)
48 CFR 1852.245-77 List of installation-provided property and services.
As prescribed in 1845.106-70(h), insert the following clause:
In accordance with the Installation-provided Government Property
clause of this contract, the Contractor is authorized use of the types
of property and services listed below, to the extent they are available,
while on-site at the NASA installation.
(a) Office space, work area space, and utilities. The Contractor
shall use Government telephones for official purposes only. Pay
telephone stations are available for the convenience and use of
employees in making unofficial calls, both local and long distance.
(b) General- and special-purpose equipment, including office
furniture.
(1) Equipment to be made available to the Contractor for use in
performance of this contract on-site and at such other locations as
approved by the Contracting Officer is listed in Attachment
XXXXXX(Insert attachment number or ''not applicable'' if no equipment is
provided). The Government retains accountability for this property
under the Installation-Provided Government Property clause, regardless
of its authorized location.
(2) If the Contractor acquires property as a direct cost under this
contract, this property also shall become accountable to the Government
upon its entry into the NASA Equipment Management System (NEMS) in
accordance with the property reporting requirements of this contract.
(3) The Contractor shall not bring on-site for use under this
contract any property owned or leased by the Contractor, or other
property that the Contractor is accountable for under any other
Government contract, without the Contracting Officer's prior written
approval.
(c) Supplies from stores stock.
(d) Publications and blank forms stocked by the installation.
(e) Safety and fire protection for Contractor personnel and
facilities.
(f) Installation service facilities: XXXXXXXX
(g) Medical treatment of a first-aid nature for Contractor personnel
injuries or illnesses sustained during on-site duty.
(h) Cafeteria privileges for Contractor employees during normal
operating hours.
(i) Building maintenance for facilities occupied by Contractor
personnel.
(j) Moving and hauling for office moves, movement of large equipment,
and delivery of supplies. Moving services shall be provided on-site, as
approved by the Contracting Officer.
(k) The responsibilities of the Contractor as contemplated by
paragraph (a) of the Installation-Provided Government Property clause
are defined in the following property management directives and
installation supplements to these Directives:
(1) NHB 4200.1, NASA Equipment Management Manual.
(2) NHB 4200.2, NASA Equipment Management System (NEMS) User's Guide
for Property Custodians.
(3) NHB 4300.1, NASA Personal Property Disposal Manual.
(4) NHB 4100.1, NASA Materials Inventory Management Manual.
48 CFR 1852.245-78 Space hardware reporting.
As prescribed in 1845.106-70(i), insert the following clause:
In accordance with the Financial Reporting of
Government-Owned/Contractor-Held Property clause of this contract, the
reporting of certain specified items of space hardware is required on a
NASA Form 1018, Report of Government-Owned/Contractor-Held Property.
The reporting of space hardware is in addition to the requirements of
other property reporting on the form. At present, the items of space
hardware to be reported are the following: XXXXXXXXX (Insert the space
hardware to be reported for the particular contract). The Contracting
Officer shall update this list prior to June 1 of each year to be
applicable beginning with the next reporting period.
48 CFR 1852.245-79 Use of Government-owned property.
As prescribed in 1845.106-70(j), insert the following provision:
(a) The offeror ( ) does, ( ) does not intend to use in performance
of any contract awarded as a result of this solicitation existing
Government-owned facilities (real property or plant equipment), special
test equipment, or special tooling (including any property offered by
this solicitation). The offeror shall identify any offered property not
intended to be used. If the offeror does intend to use any of the above
items, the offeror must furnish the following information required by
Federal Acquisition Regulation (FAR) 45.205(b), NASA FAR Supplement
(NFS) 1845.102-70, and NFS 1845.104(b):
(1) Identification and quantity of each item. Include the item's
acquisition cost if it is not property offered by this solicitation.
(2) For property not offered by this solicitation, identification of
the Government contract under which the property is accountable and
written permission for its use from the cognizant Contracting Officer.
(3) Amount of rent, calculated in accordance with FAR 45.403 and the
clause at FAR 52.245-9, Use and Charges, unless the property has been
offered on a rent-free basis by this solicitation.
(4) The dates during which the property will be available for use,
and if it is to be used in more than one contract, the amounts of
respective uses in sufficient detail to support proration of the rent.
This information is not required for property offered by this
solicitation.
(b) The offeror ( ) does, ( ) does not request additional
Government-provided property for use in performing any contract awarded
as a result of this solicitation. If the offeror requests additional
Government-provided property, the offeror must furnish --
(1) Identification of the property, quantity, and estimated
acquisition cost of each item; and
(2) The offeror's written statement as prescribed by FAR
45.302-1(a)(4).
(c) If the offeror intends to use any Government property (paragraph
(a) or (b) of this clause), the offer must also furnish the following:
(1) The date of the last Government review of the offeror's property
control and accounting system, actions taken to correct any deficiencies
found, and the name and telephone number of the cognizant property
administrator.
(2) A statement that the offeror has reviewed, understands, and can
comply with all property management and accounting procedures in the
solicitation, FAR subpart 45.5, and NFS subparts 1845.5, 1845.70, and
1845.71.
(3) A statement indicating whether or not the costs associated with
subparagraph (c)(2) of this clause, including plant clearance and/or
plant reconversion costs, are included in its cost proposal.
48 CFR 1852.245-80 Use of Government production and research property on
a no-charge basis.
As prescribed in 1845.106-70(k), insert the following clause:
In performing this contract, the Contractor is authorized to use on a
no-charge, noninterference basis the Government-owned production and
research property provided to the Contractor under the contract(s)
specified below and identified in the cognizant Contracting Officer's
letter approving use of the property. Use is authorized on the basis
that it will not interfere with performance of the Government
contract(s) under which the property was originally furnished. Use
shall be in accordance with the terms and conditions of these contracts
and the cognizant Contracting Officer's approval letter.
Contract No(s): (Insert the contract number(s) under which the
Government property is accountable).
48 CFR 1852.246-70 Mission Critical Space Systems Personnel Reliability
Program.
As prescribed in 1846.270(a), insert the following clause:
(a) In implementation of the Mission Critical Space Systems Personnel
Reliability Program, described in NASA Management Instruction (NMI)
8610.13, the Government shall identify personnel positions that are
mission critical. Some of the positions as identified may now or in the
future be held by employees of the Contractor. Upon notification by the
Contracting Officer that a mission-critical position is being or will be
filled by one or more of the Contractor's employees, the Contractor
shall (1) provide the affected employees with a clear understanding of
the investigative and medical requirements and, (2), to the extent
permitted by applicable law, assist the Government by furnishing
personal data and medical records.
(b) The standard that will be used in certifying individuals for a
mission-critical position is that they must be determined to be
suitable, competent, and reliable in the performance of their assigned
duties in accordance with the screening requirements of the NMI. If the
Government determines that a Contractor employee occupying or nominated
to occupy a mission-critical position will not be certified for such
duty, the Contracting Officer shall (1) furnish to the employee the
specific reasons for its action; (2) advise the employee that he/she
may avail himself/herself of the review procedures that are a part of
the certification system; and (3) furnish him/her a copy of those
procedures upon request.
(c) If a Contractor employee who has been nominated for (but has not
yet filled) a mission-critical position is not certified, the Contractor
agrees to defer the appointment to the position until the employee has
had an opportunity to pursue the referenced procedures. If the employee
is an incumbent to the position, the Contractor agrees, upon the request
of the Government, to remove him/her from the position temporarily
pending an appeal of the action under the review procedures. If any
employee not certified elects not to take action under the procedures,
or, if having taken action, is not successful in obtaining a reversal of
the determination, the Contractor agrees not to appoint the employee to
the position, or if already appointed, to promptly remove the employee.
(54 FR 28340, July 5, 1989, as amended at 56 FR 12460, Mar. 26, 1991)
48 CFR 1852.246-71 Government contract quality assurance functions.
As prescribed in 1846.470-2(a), insert the following clause:
In accordance with the inspection clause of this contract, the
Government intends to perform the following functions at the locations
indicated:
(Insert the items involving quality assurance, the quality assurance
functions, and where the functions will be performed)
(54 FR 28340, July 5, 1989, as amended at 55 FR 27090, June 19, 1990)
48 CFR 1852.246-72 Material inspection and receiving report.
As prescribed in 1846.674, insert the following clause:
(a) At the time of each delivery under this contract, the Contractor
shall furnish to the Government a Material Inspection and Receiving
Report (DD Form 250 series) prepared in XX (Insert number of copies,
including original) copies, an original and XX copies (Insert number of
copies).
(b) The Contractor shall prepare the DD Form 250 in accordance with
NASA FAR Supplement 1846.672-1. The Contractor shall enclose the copies
of the DD Form 250 in the package or seal them in a waterproof envelope,
which shall be securely attached to the exterior of the package in the
most protected location.
(c) When more than one package is involved in a shipment, the
Contractor shall list on the DD Form 250, as additional information, the
quantity of packages and the package numbers. The Contractor shall
forward the DD Form 250 with the lowest numbered package of the shipment
and print the words ''CONTAINS DD FORM 250'' on the package.
48 CFR 1852.246-73 Manned space flight item.
As prescribed in 1846.270(b), insert the following clause:
The Contractor shall include the following statement in all
subcontracts and purchase orders placed by it in support of this
contract, without exception as to amount or subcontractual level:
For use in manned space flight; materials, manufacturing, and
workmanship of highest quality standards are essential to astronaut
safety.
If you are able to supply the desired item with a higher qualilty
than that of the items specified or proposed, you are requested to bring
this fact to the immediate attention of the purchaser.
48 CFR 1852.246-74 Requirement for Quality and Productivity Improvement
Plan.
As prescribed in 1846.470-1, insert the following provision:
The offeror shall submit with its proposal a Quality and Productivity
Improvement (Q/PI) plan. The plan should address only effort directly
related to this solicitation. It should include areas of focus for
improvement; Q/PI goals, schedules and assessment techniques; discuss
how the offeror will create an environment within its organization
conducive to continuous quality improvement; and discuss the offeror's
active or proposed involvement, if any, in the Q/PI programs of
subcontractors. The offeror shall identify all costs associated with
the major elements of the proposed plan. The offeror may propose
incentives to reward quality and productivity improvements made under
the contract. If proposed as incentives that are distinct from other
contract fees or prices, the offeror must be able to demonstrate to the
contracting officer's satisfaction that the contractor's performance
under the Q/PI plan can be discretely measured and its value is
commensurate with the proposed cost or incentive. At the sole
discretion of the contracting officer any consideration for the proposed
Q/PI plan may be included in the total fee or price of the contract. If
the contract will otherwise contain award fee provisions, the offeror
shall include in its proposal appropriate award fee criteria designed to
encourage and reward the offeror's Q/PI effort. The contractor shall
comply with the approved plan during performance of the contract.
(55 FR 27090, June 29, 1990)
48 CFR 1852.246-75 Quality and Productivity Improvement Plan.
As prescribed in 1846.470-2(b), insert the following clause:
During contract performance, the contractor shall comply with the
Quality and Productivity Improvement Plan submitted pursuant to
provision 1852.246-74, Requirement for Quality and Productivity
Improvement Plan, as approved by the Contracting Officer.
(55 FR 27090, June 29, 1990)
48 CFR 1852.247-70 Returnable containers.
As prescribed in 1847.305-70(a), insert the following clause:
(a) Containers shall remain the Contractor's property but shall be
loaned without charge to the Government for a period of 30 days after
their delivery to the f.o.b. point specified in the contract. Beginning
with the first day after this loan period expires, to and including the
day the containers are delivered to the Contractor (if the original
delivery was f.o.b. origin) or are delivered or made available for
delivery to the Contractor's designated carrier (if the original
delivery was f.o.b. destination), the Government shall pay the
Contractor a rental of $XXXX (Insert dollar amount for container
rental.) per container per day, regardless of type or capacity.
(b) This rental charge will be computed separately for containers of
each type, size, and capacity, and for each delivery point named in the
contract. A credit of 30 container days will accrue to the Government
for each container, regardless of type or capacity, delivered by the
Contractor. A debit of 1 container day will accrue to the Government
for each container for each day after delivery to the f.o.b. point
specified in the contract. At the end of the contract, if the debit
total exceeds the credit total, rental shall be charged for the
difference. If the credit total equals or exceeds the debit total, no
rental shall be charged. No rental shall accrue to the Contractor in
excess of the replacement value per container specified in paragraph (c)
of this clause.
(c) For each container lost or damaged beyond repair while in the
Government's possession, the Government shall pay the Contractor the
replacement value as follows, less the allocable rental paid for that
container:
(Insert the container types, sizes, capacities, and associated
replacement values.)
(d) Containers lost or damaged beyond repair and paid for by the
Government shall become Government property, subject to the following:
If any lost container is located within XXXX (Insert number of calendar
days.) calendar days after payment by the Government, it may be returned
to the Contractor by the Government, and the Contractor shall pay the
Government the replacement value, less rental computed in accordance
with paragraph (a) of this clause, beginning at the expiration of the
loan period specified in paragraph (a) of this clause, and continuing to
the date on which the cylinder was delivered to the Contractor.
(54 FR 28340, July 5, 1989, as amended at 54 FR 39376, Sept. 26,
1989)
48 CFR 1852.247-71 Protection of the Florida Manatee.
As prescribed in 1847.7001, insert the following clause:
(a) Pursuant to the Endangered Species Act of 1973 (Pub. L. 93-205),
as amended, and the Marine Mammals Protection Act of 1972 (Pub. L.
92-522), the Florida Manatee (Trichechus Manatus) has been designated an
endangered species, and the Banana and Indian Rivers within and adjacent
to NASA's Kennedy Space Center (KSC) have been designated as a critical
habitat of the Florida Manatee.
(b) Contractor personnel involved in vessel operations, dockside
work, and selected disassembly functions shall be provided training
relative to (1) habits and characteristics of the Florida Manatee, (2)
provisions of the applicable laws, (3) personal liability of workers
under the laws, and (4) operational restrictions imposed by KSC.
(c) All vessel operations shall be conducted within the posted speed
restrictions, and vessels shall be operated at minimum controllable
speeds in all KSC waters. Shallow-water operations are prohibited.
(d) Training will be conducted by personnel of the U.S. Fish and
Wildlife Service (USFWS). The contractor agrees to cooperate with the
USFWS by allowing access at reasonable times and places (including
shipboard) to USFWS personnel, and by making available such contractor
personnel as are required to have the training. Arrangements for
training will be made as follows:
(1) For personnel involved in tug, barge, or marine operations,
through the Lockheed Space Operations Contractor, Transportation
Coordination Center, Kennedy Space Center, Florida, telephone (407)
867-5330.
(2) For all other personnel, through the Systems Training and
Employee Development Branch, Code PM-TNG, telephone (407) 867-2737.
(e) The contractor shall incorporate the provisions of this clause in
applicable subcontracts (including vendor deliveries).
48 CFR 1852.247-72 Advance Notice of Shipment.
As prescribed in 1847.305-70(b), insert the following clause:
XXX(Insert number of work days) work days prior to shipping
item(s)XXX(Insert items to be shipped), the Contractor shall furnish the
anticipated shipment date, bill of lading number (if applicable), and
carrier identity to XXXX(Insert individual(s) to receive notification)
and to the Contracting Officer.
48 CFR 1852.247-73 Shipment by Government bills of lading.
As prescribed in 1847.305-70(c), insert the following clause:
(a) The Contractor shall ship items deliverable under this contract,
if the transportation cost per shipment exceeds $100, by Government
bills of lading (GBLs). At least 15 days before shipment, the
Contractor shall request in writing GBLs from: XXXX(Insert name, title,
and mailing address of designated transportation officer or other
official delegated responsibility for GBLs). If time is limited,
requests may be by telephone: XXXX(Insert appropriate telephone
number). Requests for GBLs shall include the following information.
(1) Item identification/description.
(2) Origin and destination.
(3) Individual and total weights.
(4) Dimensions and total cubic footage.
(5) Total number of pieces.
(6) Total dollar value.
(7) Other pertinent data.
(b) The Contractor shall prepay transportation charges of $100 or
less per shipment. The Government shall reimburse the contractor for
these charges if they are added to the invoice as a separate line item
supported by the paid freight receipts. If paid receipts in support of
the invoice are not obtainable, a certificate as described below must be
completed, signed by an authorized company representative, and attached
to the invoice.
I certify that the shipments identified below have been made,
transportation charges have been paid by (company name), and paid
freight or comparable receipts are not obtainable.
Contract or Order Number:
Destination:
48 CFR 1852.249-72 Termination (utilities).
As prescribed in 1849.505-70, insert the following clause. The
period of 30 days may be varied not to exceed 90 days.
The Government, at its option, may terminate this contract by giving
written notice not less than 30 days in advance of the termination's
effective date.
48 CFR 1852.250-70 Indemnification under Public Law 85-804 -- NASA
Contracts.
As prescribed at 1850.403-370(a), insert the following clause:
(a) ''Principal officials,'' as used in this clause, means any of the
Contractor's managers, superintendents, or other equivalent
representatives who have supervision or direction of --
(1) All or substantially all of the Contractor's business, or
(2) All or substantially all of the Contractor's operations at any
one plant or separate location in which this contract is being
performed; or
(3) A separate and complete major industrial operation in connection
with the performance of this contract.).
(b) Pursuant to Pub. L. 85-804 (50 U.S.C. 1431-1435) and Executive
Order 10789, as amended, and notwithstanding any other provisions of
this contract, but subject to the following paragraphs of this clause,
the Government shall hold harmless and indemnify the Contractor against
--
(1) Claims (including reasonable expenses of litigation or
settlement) by third persons (including employees of the Contractor) for
death; personal injury; or loss of, damage to, or loss of use of
property;
(2) Loss of or damage to property of the Contractor, and loss of its
use, but excluding loss of profit; and
(3) Loss of, damage to, or loss of use of Government property but
excluding loss of profit.
(c) This indemnification applies only to the extent that the claim,
loss, or damage (1) Arises out of or results from a risk defined in this
contract to be unusually hazardous and (2) is not compensated by
insurance or otherwise. Any such claim, loss, or damage within
deductible amounts of the Contractor's insurance shall not be covered
under this clause.
(d)(1) The Government shall not be liable for --
(i) Claims by the United States (other than those arising through
subrogation) against the Contractor;
(ii) Losses affecting the property of the Contractor; when the
claim, loss, or damage was caused by the willful misconduct or lack of
good faith on the part of any of the Contractor's directors, officers,
or principal officials; or
(iii) Loss of, damage to, or loss of use of property of the
Contractor unless the total amount for such loss, damage, and loss of
use, excluding loss of profit, is in excess of the Contractor's
insurance or $500,000,000. Specifically, the Government shall only be
liable for such loss, damage, and loss of use in excess of the
Contractor's insurance or $500,000,000, whichever is the larger amount.
(2) The Contractor shall not be indemnified under this clause for
liability assumed under any contract or agreement unless that assumption
of liability has been specifically authorized by the Administrator and
approved by the Contracting Officer. When the Government has assumed
liability for subcontracts, the term ''Contractor'' in this paragraph
(d) shall include subcontractors.
(e) No payment shall be made by the Government under this clause
unless its amount shall first have been certified to be just and
reasonable by the Administrator or the Administrator's representative
designated for this purpose. The rights and obligations of the parties
under this clause shall survive the termination, expiration, or
completion of this contract. The Government may discharge its liability
under this paragraph (e) by making payments to the Contractor or
directly to parties to whom the Contractor may be liable.
(f)(1) With the Contracting Officer's prior written approval, the
Contractor may include in any subcontract under this contract the same
provisions as those in this clause, whereby the Contractor shall
indemnify the subcontractor against any risk defined in this contract as
unusually hazardous. Such a subcontract shall provide the same rights
and duties, and the same provisions for notice, furnishing of evidence
or proof, and the like, between the Contractor and the subcontractor as
are established by this clause. The Contracting Officer may also
approve similar indemnification of subcontractors at any tier upon the
same terms and conditions.
(2) Subcontracts providing for indemnification within the purview of
this clause shall provide for the prompt notification to the Contracting
Officer of any claim or action against, or of any loss by, the
subcontractor covered by this clause and shall entitle the Government,
at its election, to control or assist in the settlement or defense of
any such claim or action. The Government shall indemnify the Contractor
with respect to its obligations to subcontractors under subcontract
provisions thus approved by the Contracting Officer.
(3) The Government may discharge its obligations under this paragraph
(f) by making payments directly to subcontractors or to parties to whom
the subcontractor may be liable.
(g) If insurance coverage or other financial protection approved by
the Administrator is reduced, the Government's liability under this
clause shall not be increased by reason of such reduction.
(h) The Contractor shall: (1) Promptly notify the Contracting
Officer of any claim or action against, or of any loss by, the
Contractor or any subcontractor that reasonably may be expected to
involve indemnification under this clause, (2) furnish evidence or proof
of any claim, loss, or damage covered by this clause in the manner and
form required by the Government, and (3) immediately furnish to the
Government copies of all pertinent papers received by the Contractor.
The Government may direct, control, or assist in the settlement or
defense of any such claim or action. The Contractor shall comply with
the Government's directions and execute any authorizations required in
regard to that settlement or defense.
If the contract is a cost-reimbursement contract, substitute the
following paragraphs (h) and (i) for paragraph (h) of the basic clause:
(h) In addition to the Contractor's responsibilities under the
Insurance -- Liability to Third Persons clause of this contract, which
are hereby made applicable to claims under this clause, the Contractor
shall: (1) Promptly notify the Contracting Officer of any claim or
action against, or of any loss by, the Contractor or any subcontractor
that reasonably may be expected to involve indemnification under this
clause, (2) furnish evidence or proof of any claim, loss, or damage
covered by this clause in the manner and form required by the
Government, and (3) to the extent required by the Government, permit and
authorize the Government to direct, control or assist in the settlement
or defense of any such claim or action. The cost of insurance
(including self-insurance) covering a risk defined in this contract as
unusually hazardous shall not be reimbursed either as a direct or
indirect cost except to the extent that such insurance has been required
or approved under the Insurance -- Liability to Third Persons clause.
(i) The Limitation of Cost and Limitation of Funds clauses of this
contract do not apply to the Government's obligations under this clause.
These obligations shall be excepted from the release required under the
allowable cost and payment clause of this contract.
(54 FR 28340, July 5, 1989, as amended at 54 FR 39376, Sept. 26,
1989; 56 FR 12460, Mar. 26, 1991)
48 CFR 1852.250-72 Space activity -- unusually hazardous risks.
As prescribed in 1850.403-370(b), insert the following clause:
The risks for which indemnification is authorized as ''unusually
hazardous'' under the Indemnification Under Pub. L. 85-804 -- NASA
Contracts clause of this contract are solely those resulting from or
arising out of the use or performance of the following products or
services in NASA's space activities (for this purpose, their use or
performance begins only when they are provided to the U.S. Government at
a U.S. Government installation for one or more Shuttle launches and are
actually used or performed in NASA's space activities):
(a) Provision of Space Transportation System (STS) and cargo flight
elements or components.
(b) Provision of STS and cargo ground support equipment or
components.
(c) Provision of STS and cargo ground control facilities and services
for their operation.
(d) Repair, modification, overhaul, and other support and services
relating to the STS, its cargo, and other elements used in NASA's space
activities.
(54 FR 28340, July 5, 1989, as amended at 54 FR 53632, Dec. 29, 1989;
55 FR 38808, Sept. 21, 1990)
48 CFR 1852.252-70 Compliance with NASA FAR supplement.
As prescribed in 1852.107-70, insert the following clause:
Any statements in this contract requiring compliance with specific
provisions of the Federal Acquisition Regulation (e.g., subpart 45.5)
shall be construed to require compliance also with any corresponding
implementing or supplementing provisions in the NASA FAR Supplement in
effect on the date of this contract.
48 CFR 1852.252-70 Subpart 1852.3 -- Provision and Clause Matrix
48 CFR 1852.300 Scope of subpart.
The matrix in this subpart contains a column for each principal type
and/or purpose of contract. See the first page of the matrix for the
key to column headings, the dollar threshold chart, and requirement
symbols.
(57 FR 40856, Sept. 8, 1992)
48 CFR 1852.301 Solicitation provisions and contract clauses (Matrix)
48 CFR 1852.301 PART 1853 -- FORMS
48 CFR 1852.301 Subpart 1853.1 -- General
Sec.
1853.100 Scope of subpart.
1853.101 Requirements for use of forms.
1853.102 Current editions.
1853.103 Exceptions.
1853.104 Overprinting.
1853.105 Computer preparation.
1853.106 Special construction and printing.
1853.107 Obtaining forms.
1853.108 Recommendations concerning forms.
48 CFR 1852.301 Subpart 1853.2 -- Prescription of Forms
1853.200 Scope of subpart.
1853.204 Administrative matters.
1853.204-70 General (NASA Forms 507, 507A, 507B, 507G, 507M, 533M,
533P, 533Q, 667, 1098, 1356, 1611, 1651, and 1612 and DD Form 1593).
1853.207 Acquisition planning (NASA Forms 1451, 1452).
1853.208 Required sources of supplies and services.
1853.208-70 Other Government sources (SF 1080, AF 858, DOE F 5400.3,
NRC 313).
1853.215 Contracting by negotiation.
1853.215-2 Price negotiation (NASA Form 634 and DD Form 1861).
1853.216 Types of contracts.
1853.216-70 Assignees under cost-reimbursement contracts (NASA Forms
778, 779, 780, 781).
1853.217 Special contracting methods (NASA Form 523).
1853.232 Contract financing (Standard Forms 272, 272A).
1853.242 Contract administration.
1853.242-70 Delegation (NASA Forms 1430, 1430A, 1431, 1432, 1433,
1634).
1853.242-71 Administrative service request (NASA Form 1434).
1853.242-72 Notifications (NASA Form 456).
1853.245 Property (NASA Form 1018, DD 1342, DD 1419).
1853.246 Quality assurance (DD 250, DD 250c).
1853.249 Termination of contracts (NASA Forms 1412, 1413).
Authority: 42 U.S.C. 2473 (c)(1).
Source: 54 FR 28371, July 5, 1989, unless otherwise noted.
48 CFR 1852.301 Subpart 1853.1 -- General
48 CFR 1853.100 Scope of subpart.
This subpart contains requirements and information generally
applicable to the forms prescribed in this regulation.
48 CFR 1853.101 Requirements for use of forms.
The requirements for use of the forms prescribed or referenced in
this part are contained in parts 1801 through 1851, where the subject
matter applicable to each form is addressed. The specific location of
each form's prescription is identified in subpart 1853.2.
48 CFR 1853.102 Current editions.
The form prescriptions in subpart 1853.2 and the illustrations in
subpart 1853.3 contain current editions, unless otherwise noted.
Contracting officers shall use the current editions unless otherwise
authorized under this regulation.
48 CFR 1853.103 Exceptions.
Alteration of any NASA or NASA-adopted form prescribed by this
regulation is prohibited unless prior approval has been obtained from
the NASA Forms Officer (Code JTD-1) (through the Installation Forms
Manager), who will coordinate the request with the Office of
Procurement, Code H. Use for the same purpose of any form other than
one prescribed by this regulation requires prior approval of the
cognizant Code H Division. Requests for exceptions to standard or
optional forms, as prescribed in FAR 53.103, shall be forwarded through
the Installation Forms Manager and the NASA Forms Officer to the
Procurement Policy Division, Code HP, which will take the appropriate
actions in FAR 53.103.
(54 FR 28371, July 5, 1989, as amended at 57 FR 40856, Sept. 8, 1992)
48 CFR 1853.104 Overprinting.
NASA and other forms may be overprinted with names, addresses, and
other uniform entries that are consistent with the purpose of the form
and that do not alter the form in any other way. Exception approval for
overprinting is not needed.
48 CFR 1853.105 Computer preparation.
NASA and NASA-adopted forms prescribed by this regulation may be
adapted for computer preparation by following the exception procedures
in 1853.103. (See FAR 53.105 regarding standard and optional forms.)
Such forms should correspond exactly with all other specifications
pertaining to them, including overall size, wording, and arrangement.
48 CFR 1853.106 Special construction and printing.
Contracting offices may request exceptions to NASA and NASA-adopted
and standard and optional forms for special construction and printing by
following the procedures of 1853.103.
48 CFR 1853.107 Obtaining forms.
(a) NASA installations and offices may obtain forms prescribed in the
FAR or in this Regulation from Goddard Space Flight Center, Code 239.
Orders should be placed on a NASA Form 2, Request for Blank Forms,
Publications and Issuances, in accordance with NHB 1420.2, and the forms
obtained from GSFC as required by installation or office.
(b) Contracting officers, at the time of contract award, shall ensure
that contractors are notified of or are otherwise aware of:
(1) The procedures for obtaining NASA forms; and
(2) The source within the installation of forms required for
performance under the contract.
(54 FR 28371, July 5, 1989, as amended at 55 FR 47480, Nov. 14, 1990)
48 CFR 1853.108 Recommendations concerning forms.
Coordination with the FAR Secretariat, as specified in FAR 53.108, is
the responsibility of the Procurement Policy Division, Code HP.
48 CFR 1853.108 Subpart 1853.2 -- Prescription of Forms
48 CFR 1853.200 Scope of subpart.
This subpart summarizes the prescriptions of NASA forms and other
forms adopted by NASA for use in acquisition. The subpart is arranged
by subject matter, in the same order as, and keyed to, the parts of this
regulation in which the form usage requirements are addressed. (See FAR
53.200 for an example.)
48 CFR 1853.204 Administrative matters.
48 CFR 1853.204-70 General (NASA Forms 507, 507A, 507B, 507G, 507M,
533M, 533P, 533Q, 667, 1098, 1356, 1611, 1651, and 1612 and DD Form
1593).
(a) NASA Form 507, Individual Procurement Action Report (New Awards).
NASA Form 507, prescribed at 1804.671-4, shall be used to provide
acquisition records and statistics for new awards.
(b) NASA Form 507A, Individual Procurement Action Report (New Awards)
Supplement A. NASA Form 507A, prescribed at 1804.671-4, shall be used
to provide additional data to that provided on the NASA Form 507 for new
awards.
(c) NASA Form 507B, Individual Procurement Action Report Supplement
B. NASA Form 507B, prescribed at 1804.674, shall be used to provide
contract cost, fee, and obligation data for new awards and
modifications.
(d) NASA Form 507G, Individual Procurement Action Report
(Grants/Orders). NASA Form 507G, prescribed at 1804.671-4, shall be
used to provide acquisition records and statistics for grants,
agreements, intragovernmental awards, and orders against Federal Supply
Schedule contracts.
(e) NASA Form 507M, Individual Procurement Action Report
(Modifications). NASA Form 507M, prescribed at 1804.671-4, shall be
used to provide acquisition records and statistics for modifications to
contracts, grants, agreements, intragovernmental awards, and orders
against Federal Supply Schedule contracts.
(f) NASA Form 533M, Monthly Contractor Financial Management Report.
NASA Form prescribed at 1804.675, shall be used when financial
management reporting is required.
(g) NASA Form 533P, Monthly Contractor Financial Management
Performance Analysis Report. NASA Form 533P, prescribed at 1804.675,
shall be used when monthly performance analysis reports are required.
(h) NASA Form 533Q, Quarterly Contractor Financial Management Report.
NASA Form 533Q, prescribed at 1804.675, shall be used when quarterly
cost projection reports are required.
(i) NASA Form 667, Report on NASA Subcontracts. NASA Form 667,
prescribed at 1804.672, shall be used by contractors to submit
information to NASA on each subcontract or subcontract modification over
$10,000.
(j) NASA Form 1098, Checklist for Contract Award File Content. NASA
Form 1098, prescribed at 1804.803-71, shall be used as a guide in
compiling contract files and shall accompany contracts and supplemental
agreements submitted to Headquarters for approval.
(k) NASA Form 1356, C.A.S.E. Report on College and University
Projects. NASA Form 1356, prescribed at 1804.7202, shall be used to
report information applicable to colleges and universities.
(l) NASA Form 1611, Contract Completion Statement. As prescribed at
1804.804-2 and 1804.804-5(b), NASA Form 1611 shall be used for closeout
of all contracts above the small purchase threshold.
(m) NASA Form 1612, Contract Closeout Checklist. NASA Form 1612,
prescribed at 1804.804-5, shall be used for contract closeout when the
NASA contracting office retains contract administration.
(n) DOD Form 1593, Contract Administration Completion Record. DD
Form 1593, prescribed at 1804.804-5, shall be used for closeout when the
NASA contracting office retains contract administration.
(o) NASA Form 1651, Contractor Performance Summary. NASA Form 1651,
prescribed at 1804.677, shall be used for reporting a summary of
contractor performance.
(54 FR 53632, Dec. 29, 1989, as amended at 56 FR 32119, July 15,
1991; 57 FR 3139, Jan. 28, 1992)
48 CFR 1853.207 Acquisition planning (NASA Forms 1451, 1452).
(a) NASA Form 1451, Request for Procurement Plan Approval. NASA Form
1451, prescribed at 1807.170-1(b), shall be used in preparing
procurement plans requiring approval by Headquarters.
(b) NASA Form 1452, Signature Page (Installation). NASA Form 1452,
prescribed at 1807.170-1(b), shall be used in obtaining
installation-level signatures required by 1807.103.
(54 FR 28371, July 5, 1989, as amended at 56 FR 8721, Mar. 1, 1991;
56 FR 48748, Sept. 26, 1991)
1853.208 Required sources of supplies and services.
48 CFR 1853.208-70 Other Government sources (Standard Form 1080, Air
Force Form 858, Department of Energy Form 5400.3, Nuclear Regulatory
Commission Form 313).
(a) Standard Form 1080, Voucher for Transfers Between Appropriations
and/or Funds (Disbursement). Standard Form 1080, prescribed at
1808.002-74(e), shall be used to reimburse the Air Force for shipments
of propellants.
(b) Air Force Form 858, Forecast of Requirements (Missile Propellants
and Pressurants). AF 858, prescribed at 1808.002-74(f), shall be used
to report periodic estimated requirements for missile propellants and
related items to the Department of the Air Force.
(c) Department of Energy Form 5400.3, Isotope Order Blank. DOE Form
5400.3, prescribed at 1808.002-72(a), shall be used for the procurement
of radioisotopes.
(d) Nuclear Regulatory Commission Form 313, Application for Material
License. NRC Form 313, prescribed at 1808.002-72(a), shall be used to
apply for a NRC license for the procurement of radioisotopes.
1853.215 Contracting by negotiation.
48 CFR 1853.215-2 Price negotiation (NASA Form 634 and DD Form 1861).
(a) NASA Form 634, Structured Approach -- Profit/Fee Objective. NASA
Form 634, prescribed at 1815.970(a), shall be used for determining the
profit or fee objective by the structured approach.
(b) DD Form 1861, Contract Facilities Capital Cost of Money. DD Form
1861, prescribed at 1815.970-3(b), shall be used to calculate facilities
capital cost of money.
(57 FR 844, Jan. 9, 1992)
1853.216 Types of contracts.
48 CFR 1853.216-70 Assignees under cost-reimbursement contracts (NASA
Forms 778, 779, 780, 781).
(a) NASA Form 778, Contractor's Release. NASA Form 778, prescribed
at 1816.370, shall be used for obtaining a release from the contractor.
(b) NASA Form 779, Assignee's Release. NASA Form 779, prescribed at
1816.370, shall be used for obtaining a release from each assignee.
(c) NASA Form 780, Contractor's Assignment of Refunds, Rebates,
Credits, and Other Amounts. NASA Form 780, prescribed at 1816.370,
shall be used in obtaining any refunds, rebates, credits, or other
amounts from the contractor.
(d) NASA Form 781, Assignee's Assignment of Refunds, Rebates,
Credits, and Other Amounts. NASA Form 781, prescribed at 1816.370,
shall be used in obtaining any refunds, rebates, credits, or other
amounts due from each assignee.
48 CFR 1853.217 Special contracting methods (NASA Form 523).
NASA Form 523, NASA-Defense Purchase Request. NASA Form 523,
prescribed at 1817.70, shall be used for requesting procurement of
supplies or services from all activities of the Military Departments.
48 CFR 1853.232 Contract financing (Standard Form 272, 272A).
(a) Standard Form 272, Federal Cash Transactions Report, prescribed
at 1832.406-70, will be submitted by nonprofit organizations that
receive advance funding.
(b) Standard Form 272-A, Federal Cash Transactions Report
Continuation, prescribed at 1832.406-70, is used in conjunction with
Standard Form 272 when reporting more than one contract.
1853.242 Contract administration.
48 CFR 1853.242-70 Delegation (NASA Forms 1430, 1430A, 1431, 1432,
1433).
(a) NASA Form 1430, Letter of Contract Administration Delegation,
General. NASA Form 1430, prescribed at 1842.202-70(a)(4), shall be used
to delegate and redelegate contract administration functions and to
amend existing contract administration delegations.
(b) NASA Form 1430A, Letter of Contract Administration Delegation,
Special Instructions. NASA Form 1430A, prescribed at 1842.202-70(a)(4),
shall be used to supplement NASA Form 1430 when special instructions are
necessary.
(c) NASA Form 1431, Letter of Acceptance of Contract Administration
Delegation. NASA Form 1431, prescribed at 1842.202-70(a)(8) (i), (ii),
and (iii), shall be used in conjunction with NASA Form 1430 to record
receipt and acceptance of delegation by other agencies.
(d) NASA Form 1432, Letter of Contract Administration Delegation,
Termination. NASA Form 1432, prescribed at 1842.202(c)(7), shall be
used to delegate and redelegate termination functions and to amend
existing termination delegations.
(e) NASA Form 1433, Letter of Audit Delegation. NASA Form 1433,
prescribed at 1842.202-71(c), shall be used to delegate and redelegate
audit functions and to amend existing audit delegations.
(f) NASA Form 1634, Contracting Officer Technical Representative
(COTR) Delegation. NASA Form 1634, prescribed at 1842.270(b), shall be
used to designate a COTR for a particular contract.
(54 FR 28371, July 5, 1989, as amended at 57 FR 844, Jan. 9, 1992;
57 FR 40856, Sept. 8, 1992)
48 CFR 1853.242-71 Administrative service request (NASA Form 1434).
NASA Form 1434, Letter of Request for Pricing-Audit-Technical
Evaluation Services. NASA Form 1434, prescribed at 1842.202-70(f),
shall be used to request contract administration and audit services
incident to preaward of a contract but exclusive of preaward surveys.
48 CFR 1853.242-72 Notifications (NASA Form 456).
NASA Form 456, Notice of Contract Costs Suspended and/or Disapproved.
NASA Form 456, prescribed at 1842.803, will be used by the auditor and
contracting officer to notify the contractor of any suspended and/or
disallowed contract costs.
48 CFR 1853.245 Property (NASA Form 1018, Department of Defense Form
1342, and Department of Defense Form 1419).
(a) NASA Form 1018, Report of Government-owned/Contractor-Held
Property. NASA Form 1018, prescribed at 1845.505-14(d), shall be used
by contractors for reporting Government-owned property.
(b) Department of Defense Form 1342, DOD Property Record. DD Form
1342, prescribed at 1845.505-670, shall be used by contractors for
reporting NASA-furnished or contractor-acquired centrally reportable
equipment.
(c) Department of Defense Form 1419, DOD Industrial Plant Equipment
Requisition. DD Form 1419, prescribed by the clause at 1852.245-70,
shall be used by contractors to list requirements for centrally
reportable items for screening of existing Government inventories.
48 CFR 1853.246 Quality Assurance (Department of Defense Form 250,
Department of Defense Form 250c).
(a) Department of Defense Form 250, Material Inspection and Receiving
Report. DD Form 250, prescribed at 1846.670, shall be used to document
procurement quality assurance, acceptance of supplies and services, and
shipments.
(b) Department of Defense Form 250c, Material Inspection and
Receiving Report-Continuation Sheet. DD Form 250c, prescribed at
1846.670, shall be used to continue documentation of information from DD
Form 250.
48 CFR 1853.249 Termination of contracts (NASA Forms 1412, 1413).
(a) NASA Form 1412, Termination Authority. NASA Form 1412,
prescribed at 1849.101-71, shall be used for initiating action to
terminate a contract for either default or convenience of the
Government.
(b) NASA Form 1413, Termination Docket Checklist. NASA Form 1413,
prescribed at 1849.101-71, shall be used to ensure adequacy of
termination records.
48 CFR 1853.249 SUBCHAPTER I -- AGENCY SUPPLEMENTARY REGULATIONS
48 CFR 1853.249 PART 1870 -- NASA SUPPLEMENTARY REGULATIONS
Sec.
1870.000 Scope of part.
48 CFR 1853.249 Subpart 1870.1 -- NASA Acquisition of Investigations
System
1870.101 Purpose.
1870.102 System content.
1870.103 NASA acquisition of investigations.
48 CFR 1853.249 Subpart 1870.2 -- NASA Research Announcement System
1870.201 Purpose.
1870.202 System content.
1870.203 Instructions for responding to NRAs.
48 CFR 1853.249 Subpart 1870.3 -- NASA Source Evaluation
1870.301 Purpose.
1870.302 Regulations.
1870.303 Source Evaluation Board procedures.
48 CFR 1853.249 Subpart 1870.4 -- NASA Credit Card System
1870.401 Purpose.
1870.402 System content.
1870.403 NASA procedures for the credit card system.
Authority: 42 U.S.C. 2473(c)(1).
Source: 54 FR 28373, July 5, 1989, unless otherwise noted.
48 CFR 1870.000 Scope of part.
This part contains NASA-unique regulations which --
(a) Constitute a system of regulations such that presentation in a
unified format is essential;
(b) Relate to numerous FAR subparts;
(c) Have, as a whole, no clearly identifiable FAR counterpart; and
(d) May include non-regulatory material necessary to complete
coverage of the instant subject.
48 CFR 1870.000 Subpart 1870.1 -- NASA Acquisition of Investigations System
48 CFR 1870.101 Purpose.
Experience has shown that the best space research results when active
space research investigators personally participate in the selection of
investigations. The investigation acquisition system provides the
mechanism for encouraging the participation of investigators and
selecting the investigations which contribute most effectively to the
advancement of NASA's scientific and technological objectives. It is a
system separate and distinct from the ordinary acquisition process but
requiring the same vigorous management and discipline to assure
compliance with statutory requirements and elementary considerations of
equitable treatment. ''NASA Acquisition of Investigations'' is the
formal name under which this system is incorporated into the NASA FAR
Supplement.
48 CFR 1870.102 System content.
(a) The regulations governing the NASA Acquisition of Investigations
system shall set forth the entire system in a single document, covering
the interrelated roles individuals with procurement and programmatic
responsibilities both within NASA and the private sector. Therefore,
the regulation will provide general and specific guidance to all NASA
personnel engaged in the solicitation, evaluation and selection of
investigations. It will emphasize the responsibilities of line
management and, as appropriate, the selected investigators in the
acquisition of equipment necessary for the investigation. It will
provide for uniform procedures and equitable treatment in the evaluation
and selection of investigators and acquisition of investigative
equipment consistent with the FAR and NFS.
(b) The system regulation shall contain policy and procedures
applicable to the solicitation of investigations with ''Announcements of
Opportunity,'' a form of broad agency announcement authorized at FAR
6.102(d)(2)(i).
48 CFR 1870.103 NASA acquisition of investigations.
(a) The NASA Acquisition of Investigations System is prescribed by
Appendix I to this section 1870.103.
(b) NASA may reprint this Appendix I as a separate Handbook for sale
and/or distribution provided the following two conditions are met:
(1) With the exception of availability and distribution information,
any subsequent modification in the text shall be preceded by a change to
the NASA FAR Supplement 1870.103.
(2) The following information shall be included as a part of the
prefatory material in the NASA Handbook:
This Handbook is a separately bound, verbatim version of NASA FAR
Supplement (NFS) (48 CFR 1870.103) section 1870.103, Appendix I.
Reference to other parts of the Federal Acquisition Regulation (FAR) and
the NFS will be required for complete coverage of all procurement
aspects. NASA reserves the right to make changes to NFS 1870.103,
Appendix I without issuing a new edition of this Handbook. Any such
changes will be published in the Federal Register; however, it is
anticipated that such changes will be rare, unless mandated by statute
or unusual circumstances. In the event of apparent conflict between
this Handbook and the NFS, the NFS shall govern.
From its beginning, NASA has provided opportunities for qualified
people in NASA, other Government agencies, colleges and universities,
private industry, and foreign countries to participate in developing and
carrying out its responsibilities in aeronautical and space activities.
NASA has treated itself as a part of the scientific and technical
community and has encouraged this community to bring to bear its
expertise in developing investigatory objectives, selecting the
investigations to carry out, participating in the resulting missions,
analyzing the data obtained, and publishing the results.
Success of our program in aeronautics and space, in a large measure,
can be attributed to the ability of NASA to harness the ideas,
knowledge, and technical abilities of the investigators within and
outside of NASA. Success has also been dependent on the effective
development of equipment required for investigations. In the area of
space applications, program success also depends upon the support of
actual and potential users of space related systems, and upon how well
NASA understands their operations and programmatic requirements.
The acquisition of investigations process covered by this Handbook
allows the continuation of our successful cooperative endeavors with the
scientific, technological, and applications user communities in the
Space Transportation System, Spacelab, and Space Station era, and, at
the same time, provides standards requiring greater attention to the
planning and management of investigations. Also, this Handbook
emphasizes the responsibilities of line management and, as appropriate,
the selected investigators in the acquisition of equipment necessary for
the investigation. This Handbook should assure uniform procedures and
equitable treatment in the evaluation and selection of investigators and
the acquisition of investigative equipment.
This Handbook provides general and specific guidance to all NASA
personnel engaged in the solicitation, evaluation, and selection of
investigations.
100 General
101 Key Features of the System
102 Management Responsibilities
200 General
201 Criteria for Determining Applicability
202 Programs and Activities Where Use May be Considered
203 Specific Approval Required
300 General
301 Need for Preparatory Effort
302 Responsibilities
303 Proposal Opportunity Period
304 Guidelines for Announcement of Opportunity
305 Announcement of Opportunity Soliciting Foreign Participation
306 Guidelines for Proposal Preparation
400 General
401 Criteria for Evaluation
402 Methods of Evaluation
403 Advisory Subcommittee Evaluation Process
404 Contractor Evaluation Process
405 Government Evaluation Process
406 Cost, Engineering, Integration, and Management Evaluation
407 Program Office Evaluation
408 Steering Committee Review
409 Principles to Apply
500 General
501 Decisions to Be Made
502 The Selection Statement
503 Notification of Proposers
504 Debriefing I72Chapter 6 -- Payload Formulation
600 Payload Formulation
700 Early Involvement Essential
701 Negotiation, Discussions, and Contract Award
702 Application of the Federal Acquisition Regulation (FAR) and the
NASA FAR Supplement (NFS)
703 Other Administrative and Functional Requirements
Experience has shown that the best space research results when active
space research investigators personally participate in the selection of
investigations. The investigation acquisition system provides the
mechanism for encouraging the participation of investigators and
selecting the investigations which contribute most effectively to the
advancement of NASA's scientific and technological objectives. It is a
system separate and distinct from the ordinary acquisition process but
requiring the same vigorous management and discipline to assure
compliance with statutory requirements and elementary considerations of
equitable treatment.
1. Utilization of the system commences with a Program Associate
Administrator's determination that the investigation acquisition process
is appropriate and applicable for a program under consideration. There
follows a broadly disseminated Announcement of Opportunity (AO) to the
interested community. This solicitation does not generally specify the
investigations to be proposed but rather solicits investigative ideas
which contribute to broad objectives. The proposals received are
distinctive and innovative. In order to determine which of the
dissimilar proposals should be selected, a formal competitive evaluation
process is utilized. The evaluation for merit is normally made by
experts in the specific fields represented by the proposals and care
taken to avoid conflicts of interest. These peer evaluators may be from
NASA, other Government agencies, universities, or the commercial sector.
Along with or subsequent to the evaluation for merit, the other factors
of the proposals, such as engineering, cost, and integration aspects,
are reviewed by specialists in those areas. The evaluation conclusions
as well as considerations of budget and other factors are used to
formulate a complement of recommended investigations. A steering
committee serving as staff to the Program Associate Administrator
reviews the proposed payload or program of investigation, the iterative
process, and the selection recommendations. The steering committee
serves as a forum where different interests, such as flight program,
discipline management, and administration, can be weighed and
reconciled.
The Program Associate Administrator selects the investigations and
the investigators who shall participate in the program. Once selected,
an investigator is assigned appropriate key responsibilities relating to
the investigation through a contract with the institution. In the case
of foreign investigators, these responsibilities will usually be
outlined in an agreement between NASA and the sponsoring governmental
agency in the investigator's country.
2. The Announcement of Opportunity process provides a disciplined
approach to investigation acquisition. The following major steps must
be followed in each case where the determination is made to utilize the
investigation acquisition system:
a. Announcement of Opportunity shall be signed by the appropriate
Program Associate Administrator and shall be widely distributed to the
scientific, technological, and applications user communities, as
appropriate.
b. An evaluation team shall be formed including recognized peers of
the investigators to review the proposals.
c. A project office will be assigned to assess the engineering, cost,
integration, and management aspects of the proposals.
d. A program office will be responsible to formulate a complement of
investigations consistent with the objectives stated in the Announcement
of Opportunity, cost, and schedule constraints.
e. A steering committee appointed by the appropriate Program
Associate Administrator shall review the proposed investigations for
relevance and merit, will assure compliance with the system as described
in this Handbook, and make selection recommendations.
f. Selections shall be made by the appropriate Program Associate
Administrator.
3. Payloads will be formulated consisting of investigations selected
through the Announcement of Opportunity process and/or other authorized
methods.
4. When the need is determined by the Program Associate
Administrator, payload specialists will be selected in accordance with
NMI 7100.16, ''Payload Specialists for NASA-Related Payloads.''
1. Program Associate Administrators are responsible for overseeing
the process and for making key decisions essential to the process
including:
a. Determination to use the investigation acquisition system.
b. Appointment of the steering committee members.
c. Designation of a centralized staff to assure uniformity in the
issuance of the Announcement of Opportunity and conformity with the
required procedures in the evaluation and selection.
d. Reuse, to the maximum extent practicable, of space hardware and
support equipment.
e. Determination to use advisory subcommittees, contractor, or
full-time Government employees only in the evaluation process.
f. Issuance of the Announcement of Opportunity.
g. Selection of investigations and investigators, determination of
need of a definition phase, determination of the role of the
investigator with regard to providing essential investigation hardware
and services, and determination of the need for payload specialists.
h. Assure due consideration is given to minorities in the
establishment of peer groups, distribution of the Announcement of
Opportunity, and in the selection of investigations.
i. Provide a timely, flexible framework for cooperative foreign
participation in Space Shuttle, Spacelab, and Space Station missions.
2. Exercise of these responsibilities will require the professional
assistance of experts in several functional, programmatic, and technical
disciplines. The Program Associate Administrator should call upon such
experts at appropriate times throughout the process. The remaining
chapters of this Handbook will discuss the exercise of the foregoing
responsibilities in greater detail.
The system used for acquisition of investigations is separate and
distinct from the agency procedures for procurement of known
requirements of hardware and services. A decision to use this special
acquisition process will be based on a considered determination, in
accordance with the general guidance in this chapter, that it is the
most suitable to meet program needs. The decision-making official will
consider the criteria for use of the system. The project plan or other
program or project documentation should discuss the proposed mode of
investigations selection.
1. The decision to utilize the investigations acquisition process as
an alternative to the normal planning and acquisition process of the
agency can only be made after consideration of the special conditions
which are requisite to its use. All of the following conditions should
exist before deciding that the system is appropriate and applicable:
a. NASA has a general objective which can be furthered through
unique, novel, experimental approaches. To develop such novel
approaches, NASA wishes to draw upon the broadest reservoir of ideas
that can be made available.
b. Choices must be made among competing dissimilar ideas in expanding
knowledge of phenomena in the atmosphere and space.
c. Individual participation of an investigator is essential to
exploitation of the opportunity.
2. The investigations acquisition process shall not be used when any
of the following characteristics are present:
a. The requiring office can define a requirement sufficiently to
allow for normal procurement. This includes requirements that can be
stated as design or performance specifications, including requirements
for the use of known technology and hardware, and requirements for
continuation of existing tasks.
b. The program is extremely complex, requiring specialized
integration, coordination, or other special handling, or extending over
a lengthy period wherein individual participation is not essential.
c. It is not possible or considered essential to the program to
follow the critical steps of the special investigations acquisition
process.
1. General. The investigation acquisition process is most suitable
for investigations aimed at exploration requiring several unique sensors
or instruments, but it has been used successfully and advantageously in
several types of opportunity. Each program is unique and the
opportunities for participation in investigative effort will necessarily
vary from program to program. Similarly, program implementation plans
may provide opportunities for participation but may not meet the
conditions necessary for use of the special investigations acquisition
process. In those latter cases, the normal procurement procedures will
be followed to meet the program needs. Because of the differences in
programs, only general standards can be given to guide the decision of
whether or not to use the alternate acquisition process. There follows
a discussion of several types of programs, the opportunities they offer,
and comment on the suitability of the special process.
2. Exploration and Space Research Flights -- a. Examples. Space
Transportation System (STS) flights with attached payloads, generally
Spacelab payloads; and free-flying spacecraft, such as Explorers,
Pioneers, Space Telescope, Landsats, and Long Duration Exposure
Facilities.
b. Types of Opportunity. (1) A common and sought after opportunity
is to participate as a Principal Investigator responsible for conceiving
and conducting a space investigation. This may involve a major piece of
instrumentation. In the case of a ''facility'' or ''multiuser''
payload, each Principal Investigator's responsibilities would ordinarily
involve a relatively minor portion of the total instrument.
(2) There may also be an opportunity to serve on a Principal
Investigator's team as a team member or as a Co-Investigator.
(3) A type of opportunity that generally involves the use of data
from another investigator's instrument is that of guest investigator or
guest observer. Guest investigators usually participate after the
primary objectives have been satisfied for the investigations involved.
(4) A team may be formed from selected investigators to assist in
defining planned mission objectives and/or to determine, in a general
manner, the most meaningful instruments to accomplish the mission
objectives.
c. Selection and Acquisition Procedures. The investigation
acquisition process may be applicable to all of these types of
opportunities. The supposition common in these opportunities is that
the best ideas and approaches are likely to result from the broadest
possible involvement of the scientific, technological or applications
user communities. Most free-flying spacecraft represent single flight
opportunities in contrast to Spacelab payload acquisition which may have
a number of discipline objectives since the flight opportunities are
frequent and recurring.
3. Minor Missions -- a. Examples. Research aircraft, sounding
rockets, balloons, and minor missions are generally of short duration,
small in size, often single purpose, and subject to repetition. Many
investigations are follow-on to past-flight investigations.
b. Types of Opportunity. (1) Principal Investigators responsible for
investigation.
(2) Data use or analysis.
c. Selection and Acquisition Process. Opportunities for
participation on minor missions are generally suitable for normal
procurement procedures. The use of a general announcement announcing
the general nature and schedule of flights may be appropriate when
considered necessary to broaden participation by requesting
investigator-initiated research proposals. Procurement procedures as
contained in NASA FAR Supplement shall be used for follow-on repeat
flights. Although NASA seeks unique, innovative ideas for these
missions, the prospect of reflight and the latitude in determining
number and schedule of flights argue against the need for the use of the
investigations acquisition process to force dissimilar proposals into an
annual or periodic competitive structure. On the other hand, there are
some minor missions addressed to specific limited opportunities; for
example, a solar eclipse. When such limitations indicate that the
special competitive structure is needed, it should be authorized.
4. Operational and Operational Prototype Spacecraft -- a. Examples.
GOES, TIROS.
b. Selection and Acquisition Process. The user agency can be
expected to specify performance parameters. Payload definition will be
the responsibility of the user agency and NASA. Specifications
sufficient for normal procedures can be produced. Use of data from the
mission is the responsibility of the user agency. Thus, the special
process is not required.
5. Reimbursable Missions -- a. Examples. INTELSAT, SATCOM, WESTAR,
MARISAT.
b. Selection and Acquisition Process. Payload determination and
delivery are the responsibility of the user organization. NASA's role
is essentially to provide launch services. No special process is
required.
6. Supporting Research and Technology (SR&T) -- a. Examples.
Studies, minor developments, instrument conceptualization, ground-based
observations, laboratory and theoretical supporting research, and data
reduction and analysis which is unconstrained by a specific opportunity.
b. Selection and Acquisition Process. Programs in these areas tend
to go forward on a continuing basis, rather than exploiting unique
opportunities. Normal procurement procedures should be utilized to
satisfy these requirements. A general announcement of area of interest
could be made when greater participation is deemed advisable. Proposals
can be solicited or unsolicited and can be entertained within the
context of the normal procurement procedure.
The Program Associate Administrator responsible for the program is
also responsible for determining whether or not to use the special
investigations acquisition process. Normally on major projects, or when
a project plan is required, use of the investigation acquisition system
will be justified and recommended in the project planning documentation
and will be coordinated with staff offices and discussed in the planning
presentation to the Deputy Administrator or designee.
The essence of the competitive solicitation is through use of an
Announcement of Opportunity. The Announcement is characterized by its
generality since NASA has not pre-determined a specific and finite
objective but only the general objective of the investigations.
Notwithstanding its general nature, it is essential that the
Announcement of Opportunity contains sufficient data in order to obtain
meaningful proposals. To a considerable extent, the detail and depth of
the Announcement will depend on the investigative objective. In all
cases, judgment is of paramount importance, since the purpose is to get
adequate information to assess the relevance, merit, cost, and
management without overburdening the proposer.
1. When the use of the Announcement process is contemplated, there is
need to consult with appropriate Headquarters offices and the Project
Installation responsible for the project prior to release of the
Announcement. These consultations will require early involvement of the
Project Installation and appropriate Headquarters offices in the
investigation acquisition process.
2. In addition, the need to meet legal requirements in the
acquisition processes will require early external Program Office
involvement to:
a. Synopsize the Announcement in the Commerce Business Daily prior to
the time of release.
b. Determine if there is instrumentation or support equipment
available which may be appropriate to the Announcement with all
necessary background data considered essential for use by a proposer.
c. Determine mailing lists, including the mailing list maintained by
the International Affairs Division, Office of External Relations, for
broad dissemination of the Announcement to the appropriate recipients.
d. Assure mandatory provisions are contained in the Announcement.
3. Other methods of dissemination of the Announcement may also be
used, such as the use of press releases, etc. When possible, the
Announcement should be widely publicized through publications of
appropriate professional societies; however, NASA policy does not allow
payment for the placement of advertisements.
1. The Program Office originator is responsible for the content of
the Announcement and that coordination with concerned Headquarters
offices and field installations has been accomplished. All personnel
involved in the evaluation of investigative proposals are responsible
for familiarizing themselves and complying with this Handbook and other
applicable regulations. To this end, they are expected to seek the
advice and guidance of appropriate Headquarters program and staff
offices, and Project Installation management.
2. The Program Office is also responsible for coordinating the
Announcement of Opportunity with the International Affairs, Educational
Affairs, Management Support Divisions, Office of External Relations,
Office of General Counsel, and Office of Procurement prior to issuance.
Attention is directed to NMI 1362.1, ''Initiation and Development of
International Participation and Cooperation in Aeronautical and Space
Programs.''
3. Concurrence of the Office of Procurement is required before
issuance of an Announcement of Opportunity.
1. The Announcement of Opportunity is considered the primary method
of soliciting investigations. As such, it is necessary that the process
accommodate the continuous opportunities afforded by the
Shuttle/Spacelab flights. Thus, the following methods may be utilized,
individually or in combination, to enable an Announcement and resultant
proposals to be open for an extended period of time and/or to cover a
series or range of flight possibilities or disciplines:
a. The Announcement may be issued establishing a number of proposal
submission dates. Normally, no more than three proposal submission
dates should be established. The submittal dates may be spread over the
number of months most compatible with the possible flight opportunities
and the availability of resources necessary to evaluate and fund the
proposals.
b. The Announcement may be issued establishing a single proposal
submission date. However, the Announcement could provide that NASA may
amend the Announcement to provide for subsequent dates for submission of
proposals, if additional investigations are desired within the
Announcement objectives. In this case, the initiative to reopen is a
management determination. If sufficient investigations are selected to
satisfy the Announcement objectives or the flight possibilities as a
result of the first submission, subsequent opportunities for proposal
submission by potential investigators would not be available.
c. The Announcement may be issued to provide for an initial
submission date with the Announcement to remain open for submission of
additional proposals up to a final cutoff date. This final date should
be related to the availability of resources necessary to evaluate the
continuous flow of proposals, the time remaining prior to the flight
opportunity(s) contemplated by the Announcement, and payload funding and
availability.
2. Generally, a core or primary payload of investigations would be
selected from the initial submission of proposals under the above
methods of open-ended Announcements. These selections could be final or
tentative recognizing the need for further definition. Proposals
received by subsequent submission dates would be considered in the scope
of the original Announcement but would be subject to the opportunities
and resources remaining available or the progress being made by prior
selected investigations.
3. Any investigation proposal, whether received on the initial
submission or subsequent submission, requires notification to the
investigator and the investigator's institution of the proposal
disposition. Some of the proposals will be rejected completely and the
investigators immediately notified. The remaining unselected proposals
may, if agreeable with the proposers, be held for later consideration
and funding and the investigator so notified. However, if an
investigator's proposal is considered at a later date by NASA, the
investigator must be given an opportunity to validate the proposal with
the investigator's institution and for updating the cost and other data
contained in the original submission prior to a final selection. In
summary, NASA may retain proposals, receiving Category I, II, or III
classifications (see paragraph 403), for possible later sponsorship
until no longer feasible to consider the proposal. When this final
stage is reached, the investigator must be promptly notified.
4. If the intent is to hold proposals for possible later
consideration, as discussed in subparagraph 3, the Announcement should
specifically indicate this intent and the procedure to be used.
Proposing investigators not desiring their proposals be held for later
consideration should be given the opportunity to so indicate in their
original submissions.
1. The preparation of the Announcement of Opportunity should be a
multifunctional effort. It involves program and project management and
usually involves other offices of NASA.
2. The Announcement should be tailored to the particular needs of the
contemplated investigations and be complete in itself. Each
Announcement will be identified as (Program Office) originated and
numbered consecutively each calendar year, e.g., OSSA-1-86, OSSA-2-86;
OAST-1-86; OSTDS-1-86; etc. The required format and detailed
instructions regarding the contents of the Announcement are contained in
Appendix A. They are summarized as follows:
a. Description of the Opportunity. The basic purpose or aims of the
opportunity.
b. Announcement Objectives. A succinct statement of the specific
scientific, applications, and/or technological objectives.
c. Background. An explanation of the context of the opportunity in
relation to broader objectives, other disciplines, and prior studies and
investigations.
d. Proposal Opportunity Period. The period in which the Announcement
opportunity will remain open for receipt of proposals.
e. Requirements and Constraints. Technical, programmatic, cost, and
schedule requirements or limitations.
f. Proposal Submission Information. Information relating to the
proposal submission procedure.
g. Proposal Evaluation, Selection, and Implementation. The
notification to the proposers of the evaluation criteria and the manner
of proposal evaluation.
h. Schedule. Scheduled dates for activities related in the
Announcement.
i. Appendices. The General Instructions and Provisions and any other
appendices that are pertinent to the Announcement.
3. The General Instructions and Provisions (Appendix B) are necessary
to accommodate the unique aspects of the Announcement of Opportunity
process. The instructions and provisions inform potential investigators
and their institutions of certain prerogatives of the selection official
and of procedural requirements dictated by law and regulation.
Therefore, they must be appended to each Announcement of Opportunity.
4. At the time of issuance, copies of the Announcement must be
furnished to the Office of Procurement and to the Office of General
Counsel.
5. Proposers should be informed of significant departures from
scheduled dates for activities related in the Announcement.
Proposals for participation by individuals outside the U.S. should be
submitted in the same format (excluding cost plans) as U.S. proposals;
they should be typewritten and be in English; the proposals should be
reviewed and endorsed by the appropriate foreign governmental agency.
If letters of ''Notice of Intent'' are required, the Announcement should
indicate that they be sent to NASA's International Affairs Division,
Office of External Relations. Should a foreign proposal be selected,
NASA will arrange with the sponsoring foreign agency for the proposed
participation on a no-exchange-of-funds basis, in which NASA and the
sponsoring agency will each bear the cost of discharging its respective
responsibilities. Note that additional guide-lines applicable to
foreign proposers are contained in the Management Plan Section of
Appendix C (see section II) and must be included in any Guidelines for
Proposal Preparation or otherwise furnished to foreign proposers.
While not all of the guidelines outlined in Appendix C will be
applicable in response to every Announcement, the investigator should be
informed of the relevant information required to allow for an evaluation
of the investigator's proposal. The proposal may be submitted on a form
to be supplied by the Program Office. However, the proposal should be
submitted in at least two sections: (1) Investigation and Technical
Section; and (2) Management and Cost Section as described in Appendix
C.
The evaluation process assures consideration of the several aspects
of each proposal and constitutes a series of progressive sorting of the
proposals. A review resulting in a categorization is performed by using
one of the methods or combination of the methods outlined in paragraph
402. The purpose of this initial review is to determine the scientific
and/or technological merit of the proposals in the context of the
Announcement objectives.
Those proposals which are considered to have the greatest scientific
or technological merit are then reviewed in detail for the engineering,
management, and cost aspects, usually by the Project Office at the
installation responsible for the project. Final reviews are performed
by the Program Office and the Steering Committee and are aimed at
developing a group of investigations which represent an integrated
payload or a well-balanced program of investigation which has the best
possibility for meeting the announced scientific, applications, and/or
technological objectives, and within programmatic constraints. The
importance of considering the interrelationship of the several aspects
of the proposals to be reviewed in the process and the need for
carefully planning their treatment should not be overlooked. An
evaluation plan has been found helpful to the evaluators, program
management officials, and the selection official. The evaluation plan
should be developed before issuance of the Announcement of Opportunity.
It should cover the recommended staffing for any subcommittee or
contractor support, review guidelines as well as the procedural flow and
schedule of the evaluation. While not mandatory, such a plan should be
considered for each Announcement. A fuller discussion of the evaluation
and selection process is included in the following paragraphs.
1. The fundamental aim of the investigations acquisition process is
the acquisition of those unique ideas and capabilities which best
fulfill an Announcement's stated scientific, applications, and/or
technological objectives. In furtherance of this goal, each
Announcement must indicate those criteria which the evaluators will
apply when assessing the merit of a proposal. The relative importance
of each criterion must also be stated in the Announcement. The
provision of this information will allow prospective investigators to
make informed judgments in their attempt to formulate proposals that
best meet the stated objectives.
2. Following is a list of general evaluation criteria which would be
appropriate for inclusion in most Announcements:
a. The scientific, applications, and/or technological merit of the
investigation.
b. The relevance of the proposed investigation to the Announcement's
stated scientific, applications, and/or technological objectives.
c. The competence and experience of the investigator and any
investigative team, as an indication of the investigator's ability to
carry the investigation to a successful conclusion.
d. Adequacy of whatever apparatus may be proposed with particular
regard to its ability to supply the data needed for the investigation.
e. The reputation and interest of the investigator's institution, as
measured by the willingness of the institution to provide the support
necessary to ensure that the investigation can be completed
satisfactorily.
In addition to or in lieu of the criteria listed herein, additional
criteria may be utilized. In all cases, the evaluation criteria must be
germane to the accomplishment of the stated objectives.
3. Cost and management aspects will be considered in all selections.
4. Once the evaluation criteria and their relative importance are
disseminated through issuance of the Announcement, it is essential that
they be applied in a uniform manner. If it becomes apparent, before the
date set for receipt of proposals, that the criteria or their relative
importance should be changed, the Announcement will be amended, and all
known recipients will be informed of the change and given an adequate
opportunity to consider it in submission of their proposals. Evaluation
criteria and/or their relative importance will not be changed after the
date set for receipt of proposals.
1. Alternative methods are available to initiate the evaluation of
proposals received in response to an Announcement of Opportunity. These
are referred to hereinafter as the Advisory Subcommittee Evaluation
Process, the Contractor Evaluation Process, and the Government
Evaluation Process. In all processes, a subcommittee of the appropriate
Program Office Steering Committee will be formed for the purpose of
categorizing the proposals. The various approaches, described in detail
in paragraph 403, are summarized as follows:
a. Advisory Subcommittee Evaluation Process -- An advisory
subcommittee of the appropriate Program Office Steering Committee may be
established to evaluate the scientific, applications, or technological
merit of the proposals and to categorize them. This method envisions
the use of non-Government peers or a combination of non-Government and
Government peers. The impact of using one of the open-ended
Announcement methods should be considered in establishing the
subcommittee.
b. Contractor Evaluation Process -- In some instances, it may be
necessary for NASA to utilize a contractor to assist in evaluation of
proposals. The contractor would not provide advice or recommendations
to the agency nor categorize the proposals but would assist by
submitting a summary of each proposal along with a listing of its major
strengths and weaknesses to the Program Office. The Program Office,
using full-time Government employees appointed as a subcommittee of the
Program Office Steering Committee, will, upon consideration of the
contractor's report, categorize the proposals. This method may also be
used to aid an advisory subcommittee established as indicated in
subparagraph a. in which event the categorization function will be
performed by the advisory subcommittee.
c. Government Evaluation Process -- In certain circumstances, such as
those situations where the establishment of an advisory subcommittee is
not feasible, it may be appropriate to appoint or assign full-time
Government employee(s) as a subcommittee of the Program Office Steering
Committee to perform the evaluation and categorization of proposals.
2. Following categorization under one of the methods outlined in
subparagraphs a. through c., those proposals still in consideration
will be processed to the selection official as prescribed hereafter.
1. Evaluation of scientific and/or technological merit of proposed
investigations is the responsibility of an advisory subcommittee of the
Steering Committee. It is of prime importance that the appointment of
members to the subcommittee be weighed carefully as these individuals
may exercise significant influence on the selection of investigations
and hence achievement of program goals and objectives.
2. The subcommittee constitutes a peer group qualified to judge the
scientific and technological aspects of all investigation proposals
submitted in a specific program. For a given application of the
process, one or more subcommittees may be established depending on the
breadth of the technical or scientific disciplines inherent in the
Announcement's objectives. Each subcommittee represents a discipline or
grouping of closely related disciplines. To maximize the quality of the
subcommittee evaluation and categorization, the following conditions of
selection and appointment should be considered.
a. The subcommittee normally should be established on an ad hoc basis
for the particular objectives referenced in the Announcement.
b. Qualifications and broad acknowledgment of the professional
abilities of the subcommittee members are of primary importance.
Institutional affiliations, per se, are not sufficient qualifications.
c. The executive secretary of the subcommittee must be a full-time
NASA employee.
d. Subcommittee members should normally be appointed as early as
possible and prior to receipt of proposals.
e. In selecting members, care must be taken to avoid conflicts of
interest. These include financial interests, institutional
affiliations, professional biases and associations, as well as familiar
relationships. Conflicts could further occur as a result of imbalance
between Government and non-Government appointees, a member evaluating a
proposal from the person's parent organization, or membership from
institutions representing a singular school of thought in discipline
areas involving competitive theories in approach to an investigation.
f. The subcommittee should convene as a group in closed sessions for
proposal evaluation to protect the proposer's proprietary ideas and to
allow frank discussion of the proposer's qualifications and the merit of
the proposer's ideas. Lead review responsibility for each proposal may
be assigned to members most qualified in the involved discipline. It is
important that each proposal be considered by the entire subcommittee.
It is only through this action that dissimilar ideas are forced into
open competition.
3. It may not be possible to select a subcommittee fully satisfying
all of the conditions described in subparagraph 2. For example, the
most qualified specialists in a particularly narrow discipline may
themselves, or some other part of their parent organization, be
submitting proposals. It is not the purpose of these guidelines to
establish provisions for making tradeoffs, where necessary, among the
above criteria (see subparagraph 2). This is properly the
responsibility of the nominating and appointing officials. This
latitude permits flexibility in making decisions in accord with
circumstances of each application. In so doing, however, it is
emphasized that recognized expertise in evaluating dissimilar proposals
is essential to the continued workability of the investigation
acquisition process.
4. Candidate subcommittee members should be nominated by the office
having responsibility for the evaluation. Nominations should be
approved in accordance with NMI 1150.2, ''Establishment, Operation, and
Duration of NASA Advisory Committees.'' The notification of appointment
should specify the duration of assignment on the subcommittee,
provisions concerning conflicts of interest, and arrangements regarding
honoraria, per diem, and travel when actually employed.
5. It is important that members of the subcommittee be formally
instructed as to their responsibilities with respect to the
investigation acquisition process, even where several or all of the
members have served previously. This briefing of subcommittee members
should include:
a. Instruction of subcommittee members on agency policies and
procedures pertinent to acquisition of investigations.
b. Review of the program goals, announcement objectives, and
evaluation criteria, including relative importance, which provide the
basis for evaluation.
c. Instruction on the use of preliminary proposal evaluation data
furnished by the Installation Project Office. The subcommittee should
examine these data to gain a better understanding of the proposed
investigations, any associated problems, and to consider cost in
relation to the value of the investigations' objectives.
d. Definition of responsibility of the subcommittee for evaluation
and categorization with respect to scientific
and/or technical merit in accordance with the evaluation criteria.
e. Instruction for documentation of deliberations and categorizations
of the subcommittee.
f. Inform the chairperson of the subcommittee and all members that
they should familiarize themselves with the provisions of the current
''Standards of Conduct for NASA Employees'', NHB 1900.1, or ''Standards
of Conduct for NASA Special Government Employees'', NHB 1900.2, as
appropriate, regarding conflicts of interest. Members should inform the
appointing authority if their participation presents a real or apparent
conflict of interest situation. In addition, all participants should
inform the selection official in the event they are subjected to
pressure or improper contacts.
g. Inform members that prior to the selection and announcement of the
successful investigators and investigations, subcommittee members and
NASA personnel shall not reveal any information concerning the
evaluation to anyone who is not also participating in the same
evaluation proceedings, and then only to the extent that such
information is required in connection with such proceedings. Also,
inform members that subsequent to selection of an investigation and
announcement of negotiations with the investigator's institution,
information concerning the proceedings of the subcommittee and data
developed by the subcommittee will be made available to others within
NASA only when the requester demonstrates a need to know for a NASA
purpose. Such information will be made available to persons outside
NASA, including other Government agencies, only when such disclosure is
concurred in by the Office of General Counsel. In this connection,
reference is made to 18 U.S.C. 1905 which provides criminal sanctions if
any officer or employee (including special employees) of the United
States discloses or divulges certain kinds of business confidential and
trade secret information unless authorized by law.
6. The product of an advisory subcommittee is the classification of
proposals into four categories. The categories are:
a. Category I. Well conceived and scientifically and technically
sound investigations pertinent to the goals of the program and the
Announcement's objectives and offered by a competent investigator from
an institution capable of supplying the necessary support to ensure that
any essential flight hardware or other support can be delivered on time
and that data can be properly reduced, analyzed, interpreted, and
published in a reasonable time. Investigations in Category I are
recommended for acceptance and normally will be displaced only by other
Category I investigations.
b. Category II. Well conceived and scientifically or technically
sound investigations which are recommended for acceptance, but at a
lower priority than Category I.
c. Category III. Scientifically or technically sound investigations
which require further development. Category III investigations may be
funded for development and may be reconsidered at a later time for the
same or other opportunities.
d. Category IV. Proposed investigations which are recommended for
rejection for the particular opportunity under consideration, whatever
the reason.
7. A record of the deliberations of the subcommittee should be
prepared by the assigned executive secretary and should be signed by the
Chairperson. The minutes should contain the categorizations with basic
rationale for such ratings and the significant strengths and weaknesses
of the proposals evaluated.
1. The use of the contractor method for obtaining support for
evaluation purposes of proposals received in response to an Announcement
of Opportunity requires the specific approval of the Program Associate
Administrator. Prior to the use of this method, discussion should be
held with the Office of Procurement.
2. It is NASA policy to avoid situations in the procurement process
where, by virtue of the work or services performed for NASA, or as a
result of data acquired from NASA or from other entities, a particular
company:
a. Is given an unfair competitive advantage over other companies with
respect to future NASA business;
b. Is placed in a position to affect Government actions under
circumstances in which there is potential that the company's judgment
may be biased; or
c. Otherwise finds that a conflict exists between the performance of
work or services for the Government in an impartial manner and the
company's own self-interest.
3. To reduce the possibility of an organizational conflict of
interest problem arising, the following minimum restrictions will apply
and be incorporated into the contract:
a. No employee of the contractor will be permitted to propose in
response to the Announcement of Opportunity;
b. The ''Limitation on Future Contracting'' clause contained in NASA
FAR Supplement 1852.209-71 and the conditions set forth in NASA FAR
Supplement 1815.413-2 Alternate II (c) and (d) will be included in all
such contracts; and
c. Unless authorized by the NASA contracting officer, the contractor
shall not contact the originator of any proposal concerning its
contents.
4. The scope of work for the selected contractor will provide for an
identification of strengths and weaknesses and a summary of the
proposals. The contractor will not make selections nor recommend
investigations.
5. The steps to be taken in establishing evaluation panels and the
responsibilities of NASA and the contractor in relation to the panels
will be as follows:
a. The contractor will be required to establish and provide support
to panels of experts for review of proposals to evaluate their
scientific and technical merit;
b. These panels will be composed of scientists and specialists
qualified to evaluate the proposals;
c. The agency may provide to the contractor lists of scientist(s) and
specialist(s) in the various disciplines it believes are qualified to
serve on the panels;
d. The contractor will report each panel's membership to NASA for
approval; and
e. The contractor must make all the necessary arrangements with the
panel members.
6. The evaluation support by the contractor's panels of experts will
be accomplished as follows:
a. The panels will review the scientific and technical merit of the
proposals in accordance with the evaluation criteria contained in the
Announcement and will record their strengths and weaknesses.
b. The contractor will make records of each panel's deliberations
which will form the basis for a report summarizing the results of the
evaluations. Upon request, the contractor shall provide all such
records to NASA;
c. The chairperson of each panel should certify that the evaluation
report correctly represents the findings of the review panel; and
d. A final report will be submitted as provided in the contract.
7. A subcommittee of the Program Office Steering Committee will be
established on an ad hoc basis. Utilizing furnished data, the
subcommittee will classify the proposals into the four categories
enumerated in paragraph 403, ''Advisory Subcommittee Evaluation
Process.'' A record of the deliberations of the subcommittee should be
prepared by an assigned executive secretary and signed by the
chairperson. The minutes should contain the categorizations with the
basic rationale for such ratings and the significant strengths and
weaknesses of the proposals evaluated.
1. The Program Associate Administrator may, in accordance with NMI
1150.2, appoint one or more full-time Government employees as
subcommittee members of the Program Office Steering Committee to
evaluate and categorize the proposals.
2. Each subcommittee member should be qualified and competent to
evaluate the proposals in accordance with the Announcement evaluation
criteria. It is important that a subcommittee's evaluation be
uninfluenced by others either within or outside of NASA.
3. The subcommittee members will not contact the proposers for
additional information.
4. The subcommittee members will classify the proposals in accordance
with the four categories indicated in paragraph 403. Each
categorization will be supported by an appropriate rationale including a
narrative of each proposal's strengths and weaknesses.
1. The subcommittee responsible for categorization of each proposal
in terms of its scientific, applications, or technical merit should
receive information on probable cost, technical status, developmental
risk, integration and safety problems, and management arrangements in
time for their deliberations.
2. This information should be provided, where appropriate, at the
discretion of the Headquarters Program Office by the Project Office at
the cognizant installation. This information can be in fairly gross,
general terms and should reflect what insights the Project Office can
provide without requesting additional details from the proposers. This
limited Project Office review will not normally give the subcommittees
information of significant precision. The purpose is to give the
subcommittee sufficient information so it can review the proposals in
conjunction with available cost, integration, and management
considerations to gain an impression of each investigator's
understanding of the problems of the experiment and to permit gross
trade-offs of cost versus value of the investigation objective.
3. Following categorization, the Project Office shall evaluate
proposals still in contention, in depth, including a thorough review of
each proposal's engineering, integration, management, and cost aspects.
This review should be accomplished by qualified engineering, cost, and
business analysts at the project center. The review must be a regular
part of the evaluation and selection process.
4. In assessing proposed costs, the evaluation must consider:
a. The investigation objective.
b. Comparable, similar or related investigations.
c. Whether NASA or the investigator should procure the necessary
supporting instrumentation or services and the relative cost of each
mode.
d. Total overall or probable costs to the Government including
integration and data reduction and analysis. In the case of
investigations proposed by Government investigators, this includes all
associated direct and indirect cost. With respect to cooperative
investigations, integration, and other applicable costs should be
considered.
5. The Project Office, as part of the in-depth evaluation of
proposals that require instrumentation or support equipment, will survey
all potential sources for Government-owned instrumentation or support
equipment that may be made available, with or without modifications, to
the potential investigator. Such items contributed by foreign
cooperating groups which are still available under cooperative project
agreements will also be considered for use under the terms and
conditions specified in the agreements. As part of the evaluation
report to the Program Office, the availability or nonavailability of
instrumentation or support equipment will be indicated.
6. Proposals which require instrumentation should be evaluated by
project personnel. This evaluation should cover the interfaces and the
assessment of development risks. This evaluation should furnish the
selection official with sufficient data to contribute to the instrument
determinations. Important among these are:
a. Whether the instrument requires further definition;
b. Whether studies and designs are necessary to provide a reasonably
accurate appreciation of the cost;
c. Whether the investigation can be carried out without incurring
undue cost, schedule, or risk of failure penalties; and
d. Whether integration of the instrument is feasible.
7. In reviewing an investigator's management plan, the Project Office
should evaluate the investigator's approach for efficiently managing the
work, the recognition of essential management functions, and the
effective overall integration of these functions. Evaluation of the
proposals under final consideration should include, but not be limited
to: workload -- present and future related to capacity and capability;
past experience; management approach and organization; e.g.:
a. With respect to workload and its relationship to capacity and
capability, it is important to ascertain the extent to which the
investigator is capable of providing facilities and personnel skills
necessary to perform the required effort on a timely basis. This review
should reveal the need for additional facilities or people, and provide
some indication of the Government support the investigator will require.
b. A review should be made of the investigator, the investigator's
institution, and any supporting contractor's performance on prior
investigations. This should assist in arriving at an assessment of the
investigator and the institution's ability to perform the effort within
the proposed cost and time constraints.
c. The proposed investigator's management arrangements should be
reviewed, including make or buy choices, support of any co-investigator,
and preselected subcontractors or other instrument fabricators to
determine whether such arrangements are justified. The review should
determine if the proposed management arrangements enhance the
investigator's ability to devote more time to the proposed experiment
objectives and still effectively employ the technical and administrative
support required for a successful investigation. In making these
evaluations, the Project Office should draw on the installation's
engineering, business, legal, and other staff resources, as necessary,
as well as its scientific resources. If further information is needed
from the proposers, it should be obtained through the proper contacts.
1. A Program Office responsible for the project or program at
Headquarters will receive the evaluation of the several aspects of the
proposals, and weigh the evaluative data to determine an optimum payload
or program of investigation. This determination will involve
recommendations concerning individual investigations; but, more
importantly, should result in a payload or program which is judged to
optimize total mission return within schedule, engineering, and
budgetary constraints. The recommendations so made should facilitate
sound selection decisions by the Program Associate Administrator. Three
sets of recommendations result from the Program Office evaluation:
a. Optimum payload or program of investigations, or options for
alternative payloads or programs.
b. Recommendation for final or tentative selection based on a
determination of the degree of uncertainty associated with individual
investigations. A tentative selection may be considered step one of a
two-step selection technique.
c. Upon consideration of the guidelines contained in paragraph
501-lc, recommending responsibility for instrument development.
2. The cognizant Installation Project Office evaluation is
principally concerned with ensuring that the proposed investigation can
be managed, developed, integrated, and executed with an appropriate
probability of technical success within the estimated probable cost.
The Headquarters program Director, drawing upon these inputs, should be
mainly concerned with determining a payload or program from the point of
view of programmatic goals and budgetary constraints. Discipline and
cost trade-offs are considered at this level. The Headquarters Program
Office should focus on the potential contribution to program objectives
that can be achieved under alternative feasible payload integration
options.
3. It may be to NASA's advantage to consider certain investigations
for tentative selection pending resolution of uncertainties in their
development. Such tentative selections should be reconsidered after a
period of time for final selection in a payload or program of
investigations. This two-step selection process should be considered
when:
a. The potential return from the investigation is sufficient,
relative to that of the other investigations under consideration, and
that its further development appears to be warranted before final
selection.
b. The investigation potential is of such high priority to the
program that the investigation should be developed for flight if at all
possible.
c. The investigative area is critical to the program and competitive
approaches need to be developed further to allow selection of the
optimum course.
4. Based on evaluation of the above considerations associated with
the investigations requiring further development of hardware, the
following information should be provided to the Steering Committee and
the Program Associate Administrator responsible for selection:
a. The expected gain in potential return associated with the eventual
incorporation of tentatively recommended investigations in the
payload(s) or program.
b. The expected costs required to develop instrumentation to the
point of ''demonstrated capability.''
c. The risk involved in terms of added cost, probability of
successfully developing the required instrument capability, and the
possibility of schedule impact.
d. Identification of opportunities, if any, for inclusion of such
investigations in later missions.
5. In those cases where investigations are tentatively selected, an
explicit statement should be made of the process to be followed in
determining the final payload or program of investigations and the
proposers so informed. The two-phase selection approach provides the
opportunity for additional assurance of development potential and
probable cost prior to a full and final commitment to the investigation.
6. As instruments used in investigations become increasingly complex
and costly, the need for greater control of their development by the
responsible Headquarters Program Office also grows. Accordingly, as an
integral part of the evaluation process, a deliberate decision should be
made regarding the role of the Principal Investigator with respect to
the provision of the major hardware associated with that person's
investigation. The guidelines for the hardware acquisition
determination are discussed in paragraph 501-lc.
7. The range of options for responsibility for the instrumentation
consists of:
a. Assignment of full responsibility to the Principal Investigator.
The responsibility includes all in-house or contracted activity to
fabricate, test, calibrate and provide the instrumentation for
integration.
b. Retention of developmental responsibility by the Government with
participation by the Principal Investigator in key events defined for
the program. In all cases the right of the Principal Investigator to
counsel and recommend is paramount. Such involvement of the Principal
Investigator may include:
(1) Provision of instrument specifications.
(2) Approval of instrument specifications.
(3) Independent monitorship of the development and advice to the
Government on optimization of the instrumentation for conduct of the
investigation.
(4) Participation in design reviews and all other appropriate
reviews.
(5) Review and concurrence in changes resulting from design reviews.
(6) Participation in configuration control board actions.
(7) Advice in definition of test program.
(8) Review and approval of test program and changes thereto.
(9) Participation in conduct of the test program.
(10) Participation in calibration of instrument.
(11) Participation in final inspection and acceptance of the
instrument.
(12) Participation in subsequent test and evaluation processes
incident to integration and flight preparation.
(13) Participation in the development and support of the operations
plan.
(14) Analysis and interpretation of data.
8. Normally, the Principal Investigator should as a minimum:
a. Approve the instrument specification.
b. Consult and advise the project manager in development and
fabrication.
c. Participate in final calibration of the instrument.
d. Develop and support the operations plan.
e. Analyze and interpret the data.
9. The cognizant Project Installation is responsible for implementing
the program or project and should make recommendations concerning the
appropriate role for the Principal Investigators. The responsible
Program Associate Administrator will determine the role, acting upon the
advice of the responsible Headquarters Program Office and the Steering
Committee. The Principal Investigator's desires will be respected in
the negotiation of the person's role allowing an avenue of appeal to the
Program Associate Administrator and, of course, the right to withdraw
from participation.
10. The Program Office responsible for the program should make a
presentation to the Steering Committee with supporting documentation on
the several decisions to be made by the responsible Program Associate
Administrator.
1. The most important role of the Steering Committee is to provide a
substantive review of a potential payload or program of investigations
and to recommend a selection to the Program Associate Administrator.
The Steering Committee applies the collective experience and insight of
representatives from the program and discipline communities and offers a
forum for discussing the logic of the selection from those points of
view. In addition to this mission-specific evaluation function, the
Steering Committee provides central guidance to subcommittee
chairpersons and serves as a clearinghouse for problems and complaints
regarding the evaluation and selection process. The Steering Committee
is responsible for assuring adherence to required procedures. Lastly,
it is the forum where discipline objectives are weighed against program
objectives and constraints.
2. The Steering Committee represents the means for exercising three
responsibilities in the process of selecting investigations to:
a. Review compliance with procedures governing application of the
investigation acquisition process.
b. Ensure that adequate and appropriate documentation has been made
of the several steps in the evaluation process.
c. Review the results of the evaluation by the subcommittee, Project,
and Program Offices and prepare an assessment or endorsement of a
recommended payload or program of investigations to the Program
Associate Administrator.
3. The purpose in exercising the first of these responsibilities is
to ensure equity and consistency in the application of the process. In
this sense, the Steering Committee is intended to provide the necessary
checks, balances, reviews, and coordination established through
procedures and controls inherent in conventional acquisition practices.
4. The second and third responsibilities of the Steering Committee
are technical in nature. They require that the Steering Committee
review the evaluations by subcommittee, the Project Office, and the
Program Office in terms of their completeness and appropriateness for
forwarding to the Program Associate Administrator. Most important in
this review are:
a. Degree to which results of evaluations and recommendations follow
logically from the criteria contained in the Announcement.
b. Consistency with objectives and policies generally beyond the
scope of affected Project/Program Offices.
c. Sufficiency of reasons stated for tentative recommendations of
those investigations requiring further instrument research and
development.
d. Sufficiency of reasons stated for determining responsibilities for
instrument development.
e. Sufficiency of consideration of reusable space flight hardware and
support equipment for the recommended investigations.
f. Sufficiency of reasons given for classifying proposed
investigations in their respective categories.
g. Fair treatment of all proposals.
5. The Steering Committee makes recommendations to the selection
official on the payload or program of investigations and notes caveats
or provisions important for consideration of the selection official.
1. Paragraph 408 contains a description of the evaluation function
appropriate for a major payload or very significant program of
investigation. The levels of review, evaluation, and refinement
described should be applied in those selections where warranted but
could be varied for less significant selection situations. It is
essential to consider the principles of the several evaluative steps,
but it may not be essential to maintain strict adherence to the sequence
and structure of the evaluation system described. The selection
official is responsible for determining the evaluation process most
appropriate for the selection situation using this chapter as a guide.
2. Significant deviations from the provisions of this Handbook must
be fully documented and be approved by the Program Associate
Administrator after concurrence by the Office of General Counsel and
Office of Procurement.
The Program Associate Administrator is responsible for the final
decision on those investigations to be selected for contract
negotiation. This decision culminates the several types of evaluations
and processes that can be summarized as follows:
1. The selection decisions by the Program Associate Administrator
constitute management judgments balancing individual and aggregate
scientific or technological merit, the contribution of the recommended
investigations to the Announcement's objectives, and their consonance
with budget constraints. In so doing, the selection official may
develop such additional data to make the following decisions:
a. Determination of the adequacy of scientific/technical analysis
supporting the recommended selections. This supporting rationale should
involve considerations including:
(1) Assurance that the expected return contributes substantially to
program objectives and is likely to be realized.
(2) Assurance that the evaluation criteria were applied consistently
to all proposed investigations, thus ensuring that selection and
rejection decisions are proper and fair.
(3) Assurance that the set of recommended investigations constitutes
the optimum program or payload considering potential value and
constraints.
(4) Assurance that only one investigator is assigned as the Principal
Investigator to each investigation and that the Principal Investigator
will assume the associated responsibilities and be the single point of
contact and leader of any other investigators selected for the same
investigation.
b. Determination as to whether available returned space hardware or
support equipment, with or without modification, would be adequate to
meet or support investigation objectives.
c. Determination as to whether the proposed instrument fabricator
qualifies and should be accepted as a sole source or whether the
requirement should be subjected to competitive solicitation. The
following guidelines apply:
(1) The hardware requirement should be subjected to competitive
solicitation in those instances where it is clear that the capability is
not sufficiently unique to justify sole source procurement.
(2) The hardware requirement should be purchased from the fabricator
proposed by the investigator, which may be the investigator's own
institution, (a) when the fabricator's proposal contains technical data
that are not available from another source, and it is not feasible or
practicable to define the fabrication requirement in such a way as to
avoid the necessity of using the technical data contained in the
proposal; (b) when the fabricator offers unique capabilities that are
not available from another source; (c) when the selection official
determines as part of the selection that the hardware of the particular
fabricator contributes so significantly to the value of the
investigator's proposal as to be an integral part of it.
(3) If a producer other than the one proposed by the investigator
offers unique capabilities to produce the hardware requirement, NASA may
buy the hardware from the qualified fabricator.
(4) If a NASA employee submits a proposal as a principal
investigator, any concomitant requirement for hardware necessary to
perform the investigation must, in accordance with CICA, either be
completed by the installation procurement office or, should it be
determined that the hardware is so unique as to constitute a sole
source, a justification must be written, synopsized, and approved in
accordance with the requirements of FAR and the NFS.
d. Determination of the desirability for tentative selection of
investigations. This determination involves considerations including:
(1) Assessment of the state of development of the investigative
hardware, the cost and schedule for development in relation to the gain
in potential benefits at the time of final selection.
(2) Assurance that there is adequate definition of investigation
hardware to allow parallel design of other project hardware.
(3) Assurance that appropriate management procedures are contained in
the project plan for reevaluation and final selection (or rejection) on
an appropriate time scale.
e. Determination of the acceptability of the proposer's management
plan, including the proposed hardware development plan, and the
necessity, if any, of negotiating modifications to that plan.
2. In the process of making the above determinations described in
subparagraph 1, the Program Associate Administrator may request
additional information or evaluations. In most instances, this
information can be provided by the Program Office responsible for the
mission, project, or program. However, where it is determined
appropriate, the Program Associate Administrator may reconvene the
subcommittee or poll the members individually or provide for additional
analysis or require additional data from evaluators or proposers as
considered necessary to facilitate the Program Associate Administrator's
decision.
Upon completion of deliberations, the responsible Program Associate
Administrator shall issue a selection statement. Ordinarily this
statement will, upon request, be releasable to the public. As a
minimum, the selection statement should include:
1. The general and specific evaluation criteria and relative
importance used for the selection.
2. The categorizations provided by the subcommittee and the basic
rationale for accepting or not accepting each Category I proposal and a
succinct statement concerning the nonacceptance of all other proposals.
3. A concise description of each investigation accepted including an
indication as to whether the selection is a partial acceptance of a
proposal and/or a joinder with other investigators.
4. The role of the Principal Investigator with regard to hardware
essential to the investigation and whether the Principal Investigator
will be responsible for hardware acquisition and the basis therefor.
5. An indication of the plan and acquisition using the regular
procurement processes, if the Principal Investigator is not to acquire
the hardware.
6. A statement indicating whether the selection is final or
tentative, recognizing the need for better definition of the
investigation and its cost.
7. A statement indicating any use of Government-owned available space
flight hardware and/or support equipment.
1. It is essential that investigators whose proposals are determined
to have no reasonable chance for selection be apprised of that fact as
soon as practicable. To this end, the responsible Program Office will,
upon such determination, promptly notify investigators of that fact
together with an exposition of the major reason(s) why the proposals
were so considered. The notification letter should also inform such
investigators that they may obtain a detailed oral debriefing provided
they request it in writing. The letter should point out that such a
debriefing would be available only after completion of the selection
process and would otherwise be conducted in accordance with NASA
regulations (NASA FAR Supplement). (See paragraph 504.)
2. As a result of the selection decisions made by the Program
Associate Administrator, letters of notification will be sent to those
Principal Investigators selected to participate. This notification
letter should not commit the agency to more than negotiations for the
selected investigation leading to a contract, but it should clearly
indicate the decision made and contain:
a. A concise description of the Principal Investigator's
investigation as selected, specifically noting substantive changes, if
any, from the investigation originally proposed by the Principal
Investigator.
b. The nature of the selection, i.e., whether it should be considered
final or tentative requiring additional hardware or cost definition.
c. A description of the anticipated role of the Principal
Investigator including the responsibility for the provision of
instruments for flight experiments.
d. Identification of the principal technical and management points to
be treated in subsequent negotiations.
e. Any rights to be granted on use of data, publishing of data, and
duration of use of the data.
f. Where applicable, indication that a foreign selectee's
participation in the program will be arranged between the International
Affairs Division, Office of External Relations, and the foreign
government agency which endorsed the proposal.
3. In conjunction with the notification of successful foreign
proposers, the Program Office shall forward a letter to the responsible
International Affairs Division, Office of External Relations, addressing
the following:
a. The overall scientific technological objective of the planned
effort.
b. The period of time during which the effort is planned.
c. The respective responsibilities of NASA and of the sponsoring
(endorsing) governmental agency; these may include:
(1) Provision and subsequent disposition of hardware and software.
(2) Responsibilities for reporting, reduction and dissemination of
data.
(3) Responsibilities for transportation of hardware.
d. Any additional information pertinent to the successful conduct of
the experiment.
4. Using the information provided in paragraph 3, the International
Affairs Division, Office of External Relations will prepare and
negotiate an agreement with the sponsoring foreign agency.
5. Notices shall also be sent to those proposers not previously
notified pursuant to the preceding paragraphs, and, as applicable, a
copy to the sponsoring foreign government agency. It is important that
these remaining proposers be informed at the same time as those
selected. Other agency notifications and press release procedures will
apply, as appropriate.
It is the policy of the National Aeronautics and Space Administration
to debrief, if requested, unsuccessful proposers of investigations in
accordance with NFS 1815.1003. The following considerations are offered
in arranging and conducting debriefings:
1. Debriefing should be carried out by an official designated by the
responsible Program Associate Administrator. Any other personnel
receiving requests for information concerning the rejection of a
proposal should refer to the designated official.
2. Debriefing of unsuccessful offerors should be made at the earliest
possible time; debriefing will generally be scheduled subsequent to
selection but prior to award of contracts to the successful proposers.
3. Material discussed in debriefing should be factual and wholly
consonant with the documented findings of several stages of the
evaluation process and the selection statement.
4. The debriefing official should advise of weak or deficient areas
in the proposal, indicate whether those weaknesses were factors in the
selection, and advise of the major considerations in selecting the
competing successful proposer where appropriate.
5. The debriefing official should not discuss other unsuccessful
proposals, ranking, votes of members, or attempt to make a
point-by-point comparison with successful proposals.
6. A memorandum of record of the debriefing should be provided the
Chairperson of the Steering Committee.
1. Payload elements for Space Transportation System (STS) missions
can come from many sources. These include those selected through
Announcements of Opportunity, those generated by in-house research and
funded through the Research and Technology Operations and Plans (RTOP)
procedures, unsolicited (domestic and foreign) proposals and those
derived from agreements between NASA and external entities. Missions
may have payload elements originating from any or all of these sources.
However, it is anticipated that the primary source of NASA payload
elements will be the Announcement process. Generally, proposals for
payload elements submitted outside the Announcement process will not be
selected if they would have been responsive to a stated Announcement
objective.
2. Payload elements for STS flights fall into two major categories.
''NASA or NASA-related'' payload elements are those which are developed
by a NASA Program Office or by another party with which NASA has a
shared interest. ''Non-NASA'' payload elements are those which require
only STS operation services from NASA and hence interface with NASA
through the Office of Space Flight.
3. In general, a Program Office will be designated to be responsible
for formulating the ''NASA or NASA-related'' portion of an STS payload.
The Office of Space Flight will be responsible for formulating the
''non-NASA'' portion of an STS payload. Flights may, of course, consist
wholly of payload elements of either type defined in paragraphs 1 and 2.
Resource allocation for mixed missions will be determined jointly by
the designated Program Office and the Office of Space Flight.
1. The distinctive feature of the Announcement of Opportunity process
is that it is both a program planning system and a procurement system in
one single procedure. The choice of what aeronautical and space
phenomena to investigate is program planning. Procurement is involved
with the purchase of property and services to carry out the selected
investigations.
2. Because of both the programmatic and multi-functional aspects of
the Announcement of Opportunity process, early involvement of external
program office elements is essential. Success of the process requires
that it proceed in a manner that meets program goals and is clearly in
line with statutory requirements and sound procurement policy.
3. The planning preparation and selection schedule for the
investigation should commence early enough to meet the present statutory
and regulatory requirements. Chief of these are the requirements for
soliciting maximum feasible competition and for conducting discussions
with offerors within the competitive range by the Project Office and/or
any other evaluation group or office authorized by the selection
official.
Indicated below are some of the major procurement procedures that
need to be accomplished or performed to assure uniformity and
sufficiency in the acquisition of investigations. These areas are not
exclusive and not intended to substitute for adequate coordination and
good judgment before issuance of the Announcement, during evaluation of
proposals, and prior to contract award.
1. As negotiated procurements must be made by soliciting proposals
from the maximum number of qualified sources consistent with the
requirement, the Announcement of Opportunity must also be synopsized in
the Commerce Business Daily. Responses to the synopsis must be added to
the Announcement mailing list. Every effort should be made to publish
opportunities far enough in advance to encourage a broad response. (In
no case less than 45 days before the date set for receipt of proposals).
2. Significant items for consideration after receipt of proposals:
a. Late Proposals. The NASA policy on late proposals contained in
the NASA FAR Supplement (NFS 1815.412) is applicable to proposals
received in response to an Announcement of Opportunity. Potential
investigators should be informed of this policy. In the Announcement of
Opportunity context, the selection official or designee will determine
whether a late proposal will be considered.
b. Competitive Considerations. (1) The acquisition of investigations
involves the solicitation of unique, novel, and unspecified ideas to
meet NASA's aeronautical and space responsibilities. The proposals
submitted in response to these solicitations are not necessarily fully
comparable. Rather these are discrete, novel scientific and technical
investigative ideas associated with a limited opportunity. Although not
necessarily fully comparable, all proposals within the scope of a
specified opportunity must nevertheless be evaluated in accordance with
the criteria stated in the Announcement.
(2) Cost must be considered in the evaluation if costs are involved
in the investigation. Accordingly, general cost information should be
given to the subcommittee by the Installation Project Office for use in
determining the categories into which the subcommittee places proposals.
(3) Further information should be obtained, as necessary, by the
Installation Project Office and/or any other evaluation group or office
authorized by the selection official and from the investigators whose
proposals are still being considered. This would be similar to the
regular procurement procedure for conducting written and oral
discussions. A major consideration during discussions is to avoid
unfairness and unequal treatment. Obviously, good judgment is required
by all concerned in the extent and content of the discussions. There
should be no reluctance in obtaining the advice and guidance of
management and staff offices during the discussion phase. A summary
should be prepared of the primary points covered in the written and oral
discussions and show the effect of the discussions on the evaluation of
proposals. This summary should also contain general information about
the questions submitted to the investigators, the amount of time spent
in oral discussion, and revisions in proposals, if any, resulting from
the discussions.
(4) During the conduct of discussions, all proposers still being
considered shall be offered an equitable opportunity to submit such
cost, technical, or other revisions in their proposals as may result
from the discussions. All proposers shall be informed that any
revisions to their proposals must be submitted by a common cut-off date
in order to be considered. The record should take note of compliance of
the investigators with that cut-off date.
3. Significant items for consideration before award:
a. Issuance of a Request for Proposal (RFP) -- A formal RFP should
not be issued to obtain additional information on proposals accepted
under the Announcement of Opportunity process. Additional technical,
cost, or other data received should be considered as a supplement to the
original proposal.
b. Selection of Investigator/Contractor -- The selection decision of
the Program Associate Administrator approves the selected investigators
and their institutions as the only satisfactory sources for the
investigations. The selection of the investigator does not constitute
the selection of that person's proposed supporting hardware fabricator
unless the selection official specifically incorporates the fabricator
in the selection decision.
The Announcement of Opportunity process supplants normal procurement
procedures only to the extent necessary to meet the distinctive features
of the process that it is both a program planning system and a
procurement system in a single procedure. This process is not intended
to conflict with any established statutory requirements. The FAR, the
NFS, and related procurement directives should be referred to for
guidance and clarification in those instances where specific
instructions are not contained in this Handbook.
After selection, all other applicable administrative and functional
requirements will be complied with or incorporated in any resultant
contract. These may include requirements contained in such publications
as NHB 5300.4(1B), ''Quality Program Provisions for Aeronautical and
Space System Contractors,'' and NHB 9501.2, ''Procedures for Contractor
Reporting of Correlated Cost and Performance Data.''
AO No. --
This section should set forth the basic purpose of the Announcement
and describe the opportunity in terms of NASA's desire to obtain
proposals which will meet the stated scientific, applications and/or
technological objectives. These objectives may be directed to the
generation of proposals for investigations and/or they may pertain to
the acquisition of dissimilar ideas leading to selection of
investigators, guest observers, guest investigators, or theorists;
and/or any other approved area as identified in NHB 8030.6. In those
instances wherein proposals for investigations are sought, this section
should describe the requirement, if any, for selected investigators to
serve on advisory or working groups. In those instances where the
project or program has not yet been approved, an appropriate qualifying
statement should be included to clearly indicate that this Announcement
of Opportunity does not constitute an obligation on the part of the
Government to carry the proposed effort to completion.
This section will give a succinct statement of the specific
scientific, applications, and/or technological objective(s) for the
opportunity(s) for which proposals are sought.
This section should provide an explanation of the context of the
opportunity, i.e., information which will help the reader to understand
the relevance of the opportunity in relation to broader objectives. For
example, if the opportunity is related to a specific mission, this
section should so indicate and provide information regarding the mission
objectives. If, on the other hand, the opportunity is not related to a
specific mission (for example, where the opportunity is
discipline-oriented), this section should reflect that fact and provide
information which will give the reader insight into the circumstances
which have given rise to the opportunity and its relevance to the
general scheme of things. Information on prior studies and their
availability should, if relevant to an understanding of the opportunity,
be disclosed here.
This section should inform the reader of the proposal opportunity
period(s). The following methods may be utilized individually or in
conjunction for establishing the proposal opportunity period(s):
1. The Announcement may be issued establishing a single date by which
proposals may be received. However, the Announcement could provide that
the agency may amend the AO to provide for subsequent dates for
submission of proposals, if additional investigations are desired. In
this case, the initiative to reopen is an agency management
determination and if sufficient investigations were selected for the
Announcement objectives or flight possibilities, subsequent
opportunities for proposal submission by potential investigators would
not be available.
2. The Announcement may be issued to provide for an initial
submission date with the AO to remain open for submission of additional
proposals up to a final cutoff date. This final date should be related
to the availability of resources necessary to evaluate the continuous
flow of proposals and the time remaining prior to the flight
opportunities contemplated by the Announcement.
3. The Announcement may be issued establishing a number of dates by
which proposals may be received. Normally no more than three proposal
submission dates should be established. The submittal dates may be
spread over the number of months most compatible with the possible
flight opportunities and the availability of resources necessary to
evaluate and fund the proposal. If desired, this section should further
inform the reader that if a proposal receives a Category I, II, or III
rating but is not selected for immediate support, the proposal may, if
desired by the proposer, be held by NASA for later consideration within
the ground rules set forth in paragraphs l and 2. The section should
inform the reader that if the person wishes the proposal to be so
treated, it should be indicated in the proposal. This section should
further indicate that offerors whose proposals are to be considered at a
later time will be given the opportunity to revalidate their proposals
with their institution and update cost data.
1. This section will include technical, programmatic, cost, and
schedule requirements or constraints, as applicable, and will specify
performance limits such as lifetime, flight environment, safety,
reliability, and quality assurance provisions for flight-worthiness. It
will specify the requirements and constraints related to the flight crew
and the ground support. It will also include requirements for data
analysis, estimated schedule of data shipment to user or observer, need
for preliminary or raw data analysis and interim reports. It will
specify planned period (time) for data analysis to be used for
budgeting. It will provide any additional information necessary for a
meaningful proposal.
2. When NASA determines that instrumentation, ground support
equipment, or NASA supporting effort will be required or may be expected
to be required by the contemplated investigations, the Announcement
should indicate to the potential investigators that they must submit
specific information regarding this requirement to allow an in-depth
evaluation of the technical aspects, cost, management, and other factors
by the Installation Project Office.
1. Preproposal Activities -- In this section, the Announcement will
indicate requirements and activities such as the following:
a. Submittal of ''Notice of Intent'' to propose (if desired), date
for submission, and any additional required data to be submitted.
Indicate whether there are information packages which will only be sent
to those who submit ''Notice of Intent.''
b. Attendance at the preproposal conference (if held). Information
should be provided as to time, place, whether attendance will be
restricted in number from each institution, and whether prior notice of
intention to attend is required. If desired, a request may be included
that questions be submitted in writing several days before the
conference in order to prepare replies.
c. The name and address of the scientific or technical contact for
questions or inquiries.
d. Any other preproposal data considered necessary.
2. Format of Proposals -- This section should provide the
investigator with the information necessary to enable an effective
evaluation of the proposal. The information is as follows:
a. Proposal -- The Announcement should indicate how the proposal
should be submitted to facilitate evaluation. The proposal should be
submitted in at least two sections; (1) Investigation and Technical
Section; and (2) Management and Cost Section.
b. Certification -- The proposal must be signed by an institutional
official authorized to certify institutional support, sponsorship of the
investigation, management, and financial aspects of the proposal.
c. Quantity -- The number of copies of the proposal should be
specified. One copy should be clear black and white, and on white paper
of quality suitable for reproduction.
d. Submittal Address -- proposals from domestic sources should be
mailed to arrive not later than the time indicated for receipt of
proposals to:
National Aeronautics and Space Administration Office of (Program),
CodeXXX AO No. XXX, Washington, DC 20546.
e. Format -- To aid in proposal evaluation, and to facilitate
comparative analysis, a uniform proposal format will be required for
each Announcement. The number of pages, page size, and restriction on
photo reduction, etc., may be included therein. The format contained in
Appendix C can be used as a guide. Proposers may be requested to
respond to all of the items contained therein or the Announcement may
indicate that only selected items need be addressed. Using the Appendix
format as a guide, specific guidelines may be prepared for the
Announcement or an appropriate form developed. The major consideration
is that all proposals be received in a similar format.
3. Additional Information -- This section may be used to request or
furnish data considered necessary to obtain clear and concise proposals
that should not require further discussions with the proposer by the
evaluators. Any other pertinent data could also be included in this
section, such as significant milestones.
4. Foreign Proposals -- The detailed procedures for submission of
proposals from outside the U.S. are contained in Appendix B, ''General
Instructions and Provisions.'' This section will describe any additional
requirements, for example, if information copies of proposals are
required to be furnished by the proposer to other organizations, such as
European Space Agency (ESA), at the same time the proposal is sent to
NASA, this should be indicated here.
5. Cost Proposals (U.S. Investigators Only) -- This section defines
any special requirements regarding cost proposals of domestic
investigators. Reference then should be made to the cost proposal
certifications indicated in Appendix B, ''General Instructions and
Provisions.''
1. Evaluation and Selection Procedure. a. This section should notify
the proposers of the evaluation process, i.e., advisory subcommittee,
government evaluation and/or contractor assistance.
b. For example, a statement similar to the following should be
included: ''Proposals received in response to this Announcement of
Opportunity will be reviewed by a subcommittee appointed by the
(appropriate Program Associate Administrator). The purpose of the
review is to determine the scientific/technical merit of the proposals
in the context of this Announcement of Opportunity and so categorize the
proposals. Those proposals which are considered to have the greatest
scientific/technical merit are further reviewed for engineering,
integration, management, and cost aspects by the Project Office at the
installation responsible for the project. On the basis of these
reviews, and the reviews of the responsible Program Office and the
Steering Committee, the (appropriate Program Associate Administrator)
will appoint/select the investigators/investigations.''
2. Evaluation Criteria. a. This section should indicate that the
selection of proposals which best meet the specific scientific,
applications, and/or technological objectives, as stated in the
Announcement, is the fundamental aim of the solicitation. This section
should then list the criteria to be used in the evaluation of proposals
and indicate their relative importance. See paragraph 401, NHB 8030.6,
for a listing of criteria generally appropriate.
b. Following a listing of the criteria and an indication of their
relative importance, this section will also inform the proposers that
cost and management factors, e.g., proposed small business participation
in instrumentation fabrication or investigation support, will be
separately considered.
This section should include the following, as applicable:
1. Preproposal conference date.
2. Notice of Intent submittal date.
3. Proposal submittal date(s).
4. Target date for announcement of selections.
1. General Instructions and Provisions (must be attached to each
Announcement).
2. Other Pertinent Data, e.g., Spacelab Accommodations Data.
/s/ Associate Administrator for (Program)
By submitting a proposal, the investigator and institution agree that
NASA has the option to accept all or part of the offeror's plan to
provide the instrumentation or ground support equipment required for the
investigation or NASA may furnish or obtain such instrumentation or
equipment from any other source as determined by the selecting official.
In addition, NASA reserves the right to require use, by the selected
investigator, of Government instrumentation or property that
subsequently becomes available, with or without modification, that will
meet the investigative objectives.
By submitting a proposal, the investigator and the organization agree
that NASA has the option to make a tentative selection pending a
successful feasibility or definition effort. NASA has the option to
contract in phases for a proposed experiment, and to discontinue the
investigative effort at the completion of any phase. The investigator
should also understand that NASA may desire to select only a portion of
the proposed investigation and/or that NASA may desire the individual's
participation with other investigators in a joint investigation, in
which case the investigator will be given the opportunity to accept or
decline such partial acceptance or participation with other
investigators prior to a NASA selection. Where participation with other
investigators as a team is agreed to, one of the team members will
normally be designated as its team leader or contact point.
The Government reserves the right to reject any or all proposals
received in response to this Announcement when such action shall be
considered in the best interest of the Government. Notice is also given
of the possibility that any selection may be made without discussion
(other than discussions conducted for the purpose of minor
clarification). It is therefore emphasized that all proposals should be
submitted initially on the most favorable terms that the offeror can
submit.
See Appendix C, section II, paragraph 3.
It is NASA policy to use information contained in proposals and
quotations for evaluation purposes only. While this policy does not
require that the proposal or quotation bear a restrictive notice,
offerors or quoters should, in order to maximize protection of trade
secrets or other information that is commercial or financial and
confidential or privileged, place the following notice on the title page
of the proposal or quotation and specify the information, subject to the
notice by inserting appropriate identification, such as page numbers, in
the notice. In any event, information (data) contained in proposals and
quotations will be protected to the extent permitted by law, but NASA
assumes no liability for use and disclosure of information not made
subject to the notice.
The information (data) contained in (insert page numbers or other
identification) of this proposal or quotation constitutes a trade secret
and/or information that is commercial or financial and confidential or
privileged. It is furnished to the Government in confidence with the
understanding that it will not, without permission of the offeror, be
used or disclosed for other than evaluation purposes; provided,
however, that in the event a contract is awarded on the basis of this
proposal or quotation the Government shall have the right to use and
disclose this information (data) to the extent provided in the contract.
This restriction does not limit the Government's right to use or
disclose this information (data) if obtained from another source without
restriction.
The investigator's institution agrees that the cost proposal
submitted in response to the Announcement is for proposal evaluation and
selection purposes, and that following selection and during negotiations
leading to a definitive contract, the institution will be required to
resubmit or execute a Standard Form (SF) Form 1411 ''Contract Pricing
Proposal Cover Sheet'' and all certifications and representations
required by law and regulation.
The Government reserves the right to consider proposals or
modifications thereof received after the date indicated for such
purpose, should such action be in the interest of the Government.
Investigators are advised that candidate investigations for Space
Transportation System (STS) missions can come from many sources. These
sources include those selected through the Announcement of Opportunity,
those generated by NASA in-house research and development, and those
derived from contracts and other agreements between NASA and external
entities.
NASA may find it necessary to obtain proposal evaluation assistance
outside the Government. Where NASA determines it is necessary to
disclose a proposal outside the Government for evaluation purposes,
arrangements will be made with the evaluator for appropriate handling of
the proposal information. Therefore, by submitting a proposal the
investigator and institution agree that NASA may have the proposal
evaluated outside the Government. If the investigator or institution
desire to preclude NASA from using an outside evaluation, the
investigator or institution should so indicate on the cover. However,
notice is given that if NASA is precluded from using outside evaluation,
it may be unable to consider the proposal.
By submitting a proposal, the investigator and institution agree to
accept the following clause in any resulting contract:
During the performance of this contract, the Contractor agrees as
follows:
1. The Contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or
national origin.
2. The Contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, or
national origin. This shall include, but not be limited to, (a)
employment, (b) upgrading, (c) demotion, (d) transfer, (e) recruitment
or recruitment advertising, (f) layoff or termination, (g) rates of pay
or other forms of compensation, and (h) selection for training,
including apprenticeship.
3. The Contractor shall post in conspicuous places available to
employees and applicants for employment the notices to be provided by
the Contracting Officer that explain this clause.
4. The Contractor shall, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that all
qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
5. The Contractor shall send to each labor union or representative of
workers with which it has a collective bargaining agreement or other
contract or understanding the notice to be provided by the Contracting
Officer, advising the labor union or workers' representative of the
Contractor's commitments under this clause, and post copies of the
notice in conspicuous places available to employees and applicants for
employment.
6. The Contractor shall comply with Executive Order 11246, as
amended, and the rules, regulations, and orders of the Secretary of
Labor.
7. The Contractor shall furnish to the contracting agency all
information required by Executive Order 11246, as amended, and by the
rules, regulations, and orders of the Secretary of Labor. Standard Form
100 (EEO-1), or any successor form, is the prescribed form to be filed
within 30 days following the award, unless filed within 12 months
preceding the date of award.
8. The Contractor shall permit access to its books, records, and
accounts by the contracting agency or the Office of Federal Contract
Compliance Programs (OFCCP) for the purposes of investigation to
ascertain the Contractor's compliance with the applicable rules,
regulations, and orders.
9. If the OFCCP determines that the Contractor is not in compliance
with this clause or any rule, regulation, or order of the Secretary of
Labor, the contract may be cancelled, terminated, or suspended in whole
or in part, and the Contractor may be declared ineligible for further
Government contracts, under the procedures authorized in Executive Order
11246, as amended. In addition, sanctions may be imposed and remedies
invoked against the Contractor as provided in Executive Order 11246, as
amended, the rules, regulations, and orders of the Secretary of Labor,
or as otherwise provided by law.
10. The Contractor shall include the terms and conditions of
subparagraph l through 9 of this clause in every subcontract or purchase
order that is not exempted by the rules, regulations, or orders of the
Secretary of Labor issued under Executive Order 11246, as amended, so
that these terms and conditions will be binding upon each subcontractor
or vendor.
11. The Contractor shall take such action with respect to any
subcontract or purchase order as the contracting agency may direct as
means of enforcing these terms and conditions, including sanctions for
non-compliance; provided, that if the Contractor becomes involved in,
or is threatened with, litigation with a subcontractor or vendor as a
result of direction, the Contractor may request the United States to
enter into the litigation to protect the interests of the United States.
1. For any contract resulting from this solicitation awarded to other
than a small business firm or nonprofit organization, the clause at NFS
1852.227-70, ''New Technology,'' shall apply. Such contractors may, in
advance of contract, request waiver of rights as set forth in the
provision at NFS 1852.227-71, ''Requests for Waiver of Rights to
Inventions.''
2. For any contract resulting from this solicitation awarded to a
small business firm or nonprofit organization, the clause at FAR
52.227-11, ''Patent Rights -- Retention by the Contractor (Short Form)''
(as modified by NFS 1852.227-11), and the clause at NFS 1852.227-73,
''Patent Rights Clause for Subcontracts,'' shall apply.
The following guidelines apply to the preparation of proposals by
potential investigators in response to an Announcement of Opportunity.
The material presented is merely a guide for the prospective proposer
and not intended to be all encompassing or directly applicable to the
various types of proposals which can be submitted. The proposer should,
however, provide information relative to those items applicable or as
otherwise required by the Announcement of Opportunity.
A letter or cover page should be forwarded with the proposal. It
should be signed by the investigator and an official by title of the
investigator's organization who is authorized to commit the organization
that is responsible for the proposal and its contents.
The proposal should contain a table of contents.
The proposal should contain a short descriptive title for the
investigation, the names of all investigators, the name of the
organization or institution and the full name, address, and telephone
number of the Principal Investigator.
1. Investigation and Technical Plan. The investigation and technical
plan generally will contain the following:
a. Summary. A simple, concise statement about the investigation, its
conduct, and the anticipated results.
b. Objective and Significant Aspects. A brief definition of the
objectives, their value, and their relationships to past, current, and
future effort. The history and basis for the proposal and a
demonstration of the need for such an investigation. A statement of
present development in the discipline field.
c. Investigation Approach. (1) Fully describe the concept of the
investigation.
(2) Detail the method and procedures for carrying out the
investigation.
2. Instrumentation. This section should describe all information
necessary to plan for experiment development, integration, ground
operations, and flight operations. This section must be complete in
itself without need to request additional data. Failure to furnish
complete data may preclude evaluation of the proposal.
a. Instrument Description. This section should fully describe the
instrumentation and indicate items which are proposed to be developed as
well as any existing instrumentation. Performance characteristics
should be related to the experiment objectives as stated in the
proposal.
b. Instrument Integration. This section should describe all
parameters of the instrument pertinent to the accommodation of the
instrument in the spacecraft, Spacelab, Shuttle Orbiter, Space Station,
etc. These include, but are not limited to volumetric envelope;
weight; power requirements; thermal requirements; telemetry
requirement; sensitivity to or generation of contamination (e.g., EMI
gaseous effluents); data processing requirements.
c. Ground Operations. This section should identify requirements for
pre-launch or post-launch ground operations support.
d. Flight Operations. This section should identify any requirements
for flight operations support including mission planning. Operational
constraints, viewing requirements, and pointing requirements should also
be identified. Details of communications needs, tracking needs, and
special techniques, such as extravehicular activity or restrictions in
the use of control thrusters at stated times should be delineated.
Special communications facilities that are needed must be described.
Any special orbital requirements, such as time of month, of day, phase
of moon, and lighting conditions are to be given in detail. Describe
real-time ground support requirements and indicate any special equipment
or skills required of ground personnel.
3. Data reduction and analysis. A discussion of the data reduction
and analysis plan including the method and format. A section of the
plan should include a schedule for the submission of reduced data to the
receiving point. In the case of Space Science programs, the National
Space Science Data Center, Greenbelt, MD, will be the repository for
such data and the Department of Interior, Sioux Falls, SD, for earth
observations data.
4. Orbiter crew and/or payload specialist training requirement. A
description of the tasks required of each crew member (Commander, Pilot,
Mission Specialist) or payload specialist should be provided, including
the task duration and equipment involved. Indicate special training
necessary to provide the crew members or payload specialist(s) with the
capability for performing the aforementioned tasks.
A. Management plan. The management plan should summarize the
management approach and the facilities and equipment required.
Additional guidelines applicable to non-U.S. proposers are contained
herein:
1. Management. a. The management plan sets forth the investigator's
approach for managing the work, the recognition of essential management
functions, and the overall integration of these functions.
b. The management plan gives insight into the organization proposed
for the work, including the internal operations and lines of authority
with delegations, together with internal interfaces and relationships
with the NASA major subcontractors and associated investigators.
Likewise, the management plan usually reflects various schedules
necessary for the logical and timely pursuit of the work accompanied by
a description of the investigator's work plan and the responsibilities
of the co-investigators.
c. The plan should describe the proposed method of instrument
acquisition. Specifically, it should include the following, as
applicable.
(1) Rationale for the investigator to obtain the instrument through
or by the investigator's institution.
(2) Method and basis for the selection of the proposed instrument
fabricator.
(3) Unique or proprietary capabilities of the instrument fabricator
that are not available from any other source.
(4) Contributions or characteristics of the proposed fabricator's
instrument that make it an inseparable part of the investigation.
(5) Availability of supporting personnel in the institution to
successfully administer the instrument contract and technically monitor
the fabrication.
(6) Status of development of the instrument. What additional
development is needed. Areas that need further design or in which
unknowns are present.
(7) Method by which the investigator proposes to:
(a) Prepare instrument specifications.
(b) Review development progress.
(c) Review design and fabrication changes.
(d) Participate in testing program.
(e) Participate in final checkout and calibration.
(f) Provide for integration of instrument.
(g) Support the flight operations.
(h) Coordinate with co-investigators, other related investigations,
and the payload integrator.
(i) Assure safety, reliability, and quality.
(j) Provide required support for Payload Specialist(s), if
applicable.
(8) Planned participation by small and/or minority business in any
subcontracting for instrument fabrication or investigative support
functions.
2. Facilities and equipment. All major facilities, laboratory
equipment, and ground-support equipment (GSE) (including those of the
investigator's proposed contractors and those of NASA and other U.S.
Government agencies) essential to the experiment in terms of its system
and subsystems are to be indicated, distinguishing insofar as possible
between those already in existence and those that will be developed in
order to execute the investigation. The outline of new facilities and
equipment should also indicate the lead time involved and the planned
schedule for construction, modification, and/or acquisition of the
facilities.
3. Additional guidelines applicable to non-U.S. proposers only. The
following guidelines are established for foreign responses to NASA's
Announcement of Opportunity. Unless otherwise indicated in a specific
announcement, these guidelines indicate the appropriate measures to be
taken by foreign proposers, prospective foreign sponsoring agencies, and
NASA leading to the selection of a proposal and execution of appropriate
arrangements. They include the following:
a. Where a ''Notice of Intent'' to propose is requested, prospective
foreign proposers should write directly to the NASA official designated
in the Announcement of Opportunity and send a copy of this letter to the
International Relations Division, Office of Policy Coordination and
International Relations, Code IRD, NASA, Washington, DC 20546, U.S.A.
b. Unless otherwise indicated in the Announcement of Opportunity,
proposals will be submitted in accordance with this Appendix excluding
cost plans. Proposals should be typewritten and written in English.
c. Persons planning to submit a proposal should arrange with an
appropriate foreign governmental agency for a review and endorsement of
the proposed activity. Such endorsement by a foreign organization
indicates:
(1) The proposal merits careful consideration by NASA.
(2) If the proposal is selected, sufficient funds will be available
to undertake the activity envisioned.
d. Proposals along with the requested number of copies and letters of
endorsement from the foreign governmental agency must be forwarded to
NASA in time to arrive before the deadline established for each
Announcement of Opportunity. These documents should be sent to:
National Aeronautics and Space Administration, International
Relations Division, Code IRD, Office of Policy Coordination and
International Relations, Washington, DC 20546, U.S.A.
e. All proposals must be received before the established closing
date; those received after the closing date will be treated in
accordance with NASA's provisions for late proposals. Sponsoring
foreign government agencies may, in exceptional situations, forward a
proposal directly to the above address if review and endorsement is not
possible before the announced closing date. In such cases, NASA should
be advised when a decision on endorsement can be expected.
f. Shortly after the deadline for each Announcement of Opportunity,
NASA's International Relations Division will advise the appropriate
sponsoring agency which proposals have been received and when the
selection process should be completed. A copy of this acknowledgement
will be provided to each proposer.
g. Successful and unsuccessful proposers will be contacted directly
by the NASA Program Office coordinating the Announcement of Opportunity.
Copies of these letters will be sent to the sponsoring Government
agency.
h. NASA's International Relations Division will then begin making the
necessary arrangements to provide for the selectee's participation in
the appropriate NASA program. Depending on the nature and extent of the
proposed cooperation, these arrangements may entail:
(1) A letter of notification by NASA.
(2) An exchange of letters between NASA and the sponsoring foreign
governmental agency.
(3) An agreement or Memorandum of Understanding between NASA and the
sponsoring foreign governmental agency.
B. Cost Plan (U.S. Investigations Only). The cost plan should
summarize the total investigation cost by major categories of cost as
well as by function.
1. The categories of cost should include the following:
a. Direct Labor. List by labor category, with labor hours and rates
for each. Provide actual salaries of all personnel and the percentage
of time each individual will devote to the effort.
b. Overhead. Include indirect costs, which because of its incurrence
for common or joint objectives, is not readily subject to treatment as a
direct cost. Usually this is in the form of a percentage of the direct
labor costs.
c. Materials. This should give the total cost of the bill of
materials including estimated cost of each major item. Include lead
time of critical items.
d. Subcontracts. List those over $25,000, specify the vendor and the
basis for estimated costs. Include any baseline or supporting studies.
e. Special Equipment. include a list of special equipment with lead
and/or development time.
f. Travel. List estimated number of trips, destinations, duration,
purpose, number of travelers, and anticipated dates.
g. Other Costs. Costs not covered elsewhere.
h. General and Administrative Expense. This includes the expenses of
the institution's general and executive offices and other miscellaneous
expenses related to the overall business.
i. Fee (if applicable).
2. Separate schedules, in the above format, should be attached to
show total cost allocable to the following:
a. Principal Investigator and other Investigators' costs.
b. Instrument costs.
c. Integration costs.
d. Data reduction and analysis including the amount and cost of
computer time.
3. If the effort is sufficiently known and defined, a funding
obligation plan should provide the proposed funding requirements of the
investigations by quarter and/or annum keyed to the work schedule.
(54 FR 28373, July 5, 1989, as amended at 57 FR 40856, Sept. 8, 1992)
Advisory Committee Subcommittee. Any committee, board, commission,
council, conference, panel, task force; or other similar group, or any
subcommittee or other subgroup thereof, that is not wholly composed of
full-time Federal Government employees, and that is established or
utilized by NASA in the interest of obtaining advice or recommendations.
Announcement of Opportunity (AO). A document used to announce
opportunities to participate in NASA programs. Announcements are
published in accordance with this Handbook.
AO Process. A term used to describe the program planning and
procurement procedure used to acquire investigative effort, initiated by
an AO.
Categorization. The process whereby proposed investigations are
classified into four categories: synopsized here as Category I --
recommended for immediate acceptance; Category II -- recommended for
acceptance but at a lower priority than Category I proposals; Category
III. sound investigations requiring further development; Category IV.
rejected.
Co-Investigator (Co-I). Associate of a Principal Investigator,
responsible to the Principal Investigator for discrete portions or tasks
of the investigation. A NASA employee can participate as a Co-I on an
investigation proposed by a private organization.
Data Users. Participants in NASA programs, selected to perform
investigations utilizing data from NASA payloads or facilities.
Experiments. Activities or effort aimed at the generation of data.
NASA-sponsored experiments generally concern generation of data obtained
through measurement of aeronautical and space phenomena or use of space
to observe earth phenomena.
Federal Acquisition Regulation (FAR). The regulations governing the
conduct of procurement.
Flight. That portion of the mission encompassing the period from
launch to landing or launch to termination of the active life of
spacecraft. The term shuttle ''flight'' means a single shuttle round
trip -- its launch, orbital activity, and return; one flight might
deliver more than one payload. More than one flight might be required
to accomplish one mission.
Flight Investigation. Investigation conducted utilizing aeronautical
or space instrumentation.
Flight Opportunity. A flight mission designed to accommodate one or
more experiments or investigations.
Guest Investigators. Investigators selected to conduct observations
and obtain data within the capability of a NASA mission, which are
additional to the mission's primary objectives. Sometimes referred to
as Guest Observers.
Investigation. Used interchangeably with ''Experiments.''
Investigation Team. A group of investigators collaborating on a
single investigation.
Investigator. A participant in an investigation. May refer to the
Principal Investigator, Co-Investigator, or member of an investigation
team.
Mission. The performance of a coherent set of investigations or
operations in space to achieve program goals. (Example: Measure
detailed structure of Sun's chromosphere; survey mineral resources of
North America.)
NASA FAR Supplement (NFS). Procurement regulations promulgated by
NASA in addition to the FAR.
NHB. NASA Handbook.
NMI. NASA Management Instruction.
Notice of Intent. A notice or letter submitted by a potential
investigator indicating the intent to submit a proposal in response to
an AO.
Payload. A specific complement of instruments, space equipment, and
support hardware carried to space to accomplish a mission or discrete
activity in space.
Peer Group. A gathering of experts in related disciplinary areas
convened as a subcommittee of the Program Office Steering Committee to
review proposals for flight investigations.
Peer Review. The process of proposal review utilizing a group of
peers in accordance with the categorization criteria as outlined in this
Handbook.
Principal Investigator (PI). A person who conceives an investigation
and is responsible for carrying it out and reporting its results. A
NASA employee can participate as a PI only on a government-proposed
investigation.
Program. An activity involving human resources, materials, funding,
and scheduling necessary to achieve desired goals.
Project. Within a program, an undertaking with a scheduled beginning
and ending, which normally involves the design, construction, and
operation of one or more aeronautical or space vehicles and necessary
ground support in order to accomplish a scientific or technical
objective.
Project Office. An office generally established at a NASA field
installation to manage a project.
Selection Official. The NASA official designated to determine the
source for award of a contract or grant.
Space Facility. An instrument or series of instruments in space
provided by NASA to satisfy a general objective or need.
Steering Committee. A standing NASA sponsored committee providing
advice to the Program Associate Administrators and providing procedural
review over the investigation selection process. Composed wholly of
full-time Federal Government employees.
Study Office. An office established at a NASA field installation to
manage a potential undertaking which has not yet developed into project
status.
Subcommittee. An arm of the Program Office Steering Committee
consisting of experts in relevant disciplines to review and categorize
proposals for investigations submitted in response to an AO.
Supporting Research and Technology (SR&T). The programs devoted to
the conduct of research and development necessary to support and sustain
NASA programs.
Team. A group of investigators responsible for carrying out and
reporting the results of an investigation or group of investigations.
Team Leader. The person appointed to manage and be the point of
contact for the team and who is responsible for assigning respective
roles and privileges to the team members and reporting the results of
the investigation.
Team Member. A person appointed to a team who is an associate of the
other members of the team and is responsible to the team leader for
assigned tasks or portions of the investigation.
48 CFR 1870.103 Subpart 1870.2 -- NASA Research Announcement System
48 CFR 1870.201 Purpose.
It is NASA policy to encourage submission of research proposals
relevant to agency requirements. The NASA Research Announcement (NRA)
System is one means of implementing the policy by permitting the
solicitation and competitive selection of research projects in
accordance with statute while at the same time preserving the
traditional concepts and understandings associated with NASA sponsorship
of research.
48 CFR 1870.202 System content.
(a) The regulations governing the NRA System (see 1835.016-70) set
forth the requirements for preparing, issuing, and processing NRAs.
(b) The system contains specific instructions for proposers. These
instructions shall be included in the NRA, a form of broad agency
announcement authorized at 1835.016.
48 CFR 1870.203 Instructions for responding to NRAs.
(a) The ''Instructions for Responding to NASA Research Announcements
for Solicited Research Proposals'' document (prescribed in
1835.016-70(c)(4)) is set forth as Appendix I to this section 1870.203.
(b) This appendix may be reproduced locally as part of the NRA
provided the following conditions are met:
(1) For each NRA the issuing office shall verify that the most recent
version of Appendix I, as contained in the NFS, is used.
(2) The current text shall be reproduced verbatim; however, the
issuing office may remove the NFS page headers and add the NRA number in
order to identify the NRA to which the Appendix is attached. Any other
change shall be treated as a deviation in accordance with 1801.400.
a. NASA depends upon industry, educational institutions and other
nonprofit organizations for most of its research efforts. While a
number of mechanisms have been developed over the years to inform the
research community of those areas in which NASA has special research
interests, these instructions apply only to ''NASA Research
Announcements,'' a form of ''broad agency announcement'' described in
6.102(d)(2) and 35.016 of the Federal Acquisition Regulation (FAR). The
''NASA Research Announcement (NRA)'' permits competitive selection of
research projects in accordance with statute while at the same time
preserving the traditional concepts and understandings associated with
NASA sponsorship of research.
b. These instructions are Appendix I to 1870.203 of the NASA Federal
Acquisition Regulation Supplement.
a. NASA fosters and encourages the submission of research proposals
relevant to agency mission requirements by solicitations, ''NASA
Research Announcements,'' which describe research areas of interest to
NASA. Proposals received in response to an NRA will be used only for
evaluation purposes.
b. NASA does not allow a proposal, the contents of which are not
available without restriction from another source, or any unique ideas
submitted in response to an NRA to be used as the basis of a
solicitation or in negotiation with other organizations, nor is a
pre-award synopsis published for individual proposals.
c. A solicited proposal that results in a NASA award becomes part of
the record of that transaction and may be available to the public on
specific request; however, information or material that NASA and the
awardee mutually agree to be of a privileged nature will be held in
confidence to the extent permitted by law, including the Freedom of
Information Act.
These instructions are intended to supplement documents identified as
''NASA Research Announcements.'' The NRAs contain programmatic
information and certain ''NRA-specific'' requirements which apply only
to proposals prepared in response to that particular announcement.
These instructions contain the general proposal preparation information
which applies to responses to all NRAs.
a. A contract, grant, cooperative agreement, or other agreement may
be used to accomplish an effort funded on the basis of a proposal
submitted in response to an NRA. NASA does not have separate ''grant
proposal'' and ''contract proposal'' categories, so all proposals may be
prepared in a similar fashion. NASA will determine the appropriate
instrument.
b. Grants are generally used to fund basic research in educational
and nonprofit institutions, while research in other private sector
organizations is accomplished under contract. Additional information
peculiar to the contractual process (certifications, cost and pricing
data, facilities information, etc.) will be requested, as necessary, as
the procurement progresses. Contracts resulting from NRAs are subject
to the Federal Acquisition Regulation and the NASA FAR Supplement (NHB
5100.4). Any resultant grants or cooperative agreements will be awarded
and administered in accordance with the NASA Grant and Cooperative
Agreement Handbook (NHB 5800.1).
a. NASA does not have any mandatory forms or formats for preparation
of responses to NRAs; however, it is requested that proposals conform
to the procedural and submission guidelines covered in these
instructions. In particular, NASA may accept proposals without
discussion; hence, proposals should initially be as complete as
possible and be submitted on the proposers' most favorable terms.
b. In order to be considered responsive to the solicitation, a
submission must, at a minimum, present a specific project within the
areas delineated by the NRA; contain sufficient technical and cost
information to permit a meaningful evaluation; be signed by an official
authorized to legally bind the submitting organization; not merely
offer to perform standard services or to just provide computer
facilities or services; and not significantly duplicate a more specific
current or pending NASA solicitation. NASA reserves the right to reject
any or all proposals received in response to an NRA when such action is
considered in the best interest of the Government.
a. Several proposal submission items will appear in the NRA itself.
These include: the unique NRA identifier; when to submit proposals;
where to send proposals; number of copies required; and sources for
more information.
b. Items included in these instructions may be supplemented by the
NRA, as circumstances warrant. Examples are: technical points for
special emphasis; additional evaluation factors; and proposal length.
a. The following general information is needed in all proposals in
order to permit consideration in an objective manner. NRAs will
generally specify topics for which additional information or greater
detail is desirable. Each proposal copy shall contain all submitted
material, including a copy of the transmittal letter if it contains
substantive information.
b. Transmittal Letter or Prefatory Material. (1) The legal name and
address of the organization and specific division or campus
identification if part of a larger organization;
(2) A brief, scientifically valid project title intelligible to a
scientifically literate reader and suitable for use in the public press;
(3) Type of organization: e.g., profit, nonprofit, educational,
small business, minority, women-owned, etc.;
(4) Name and telephone number of the principal investigator and
business personnel who may be contacted during evaluation or
negotiation;
(5) Identification of any other organizations that are currently
evaluating a proposal for the same efforts;
(6) Identification of the specific NRA, by number and title, to which
the proposal is responding;
(7) Dollar amount requested of NASA, desired starting date, and
duration of project;
(8) Date of submission; and
(9) Signature of a responsible official or authorized representative
of the organization, or any other person authorized to legally bind the
organization (unless the signature appears on the proposal itself).
c. Restriction on Use and Disclosure of Proposal Information. It is
NASA policy to use information contained in proposals for evaluation
purposes only. While this policy does not require that the proposal
bear a restrictive notice, offerors or quoters should, in order to
maximize protection of trade secrets or other information that is
commercial or financial and confidential or privileged, place the
following notice on the title page of the proposal and specify the
information subject to the notice by inserting appropriate
identification, such as page numbers, in the notice. In any event,
information (data) contained in proposals will be protected to the
extent permitted by law, but NASA assumes no liability for use and
disclosure of information not made subject to the notice.
Restriction on Use and Disclosure of Proposal Information. The
information (data) contained in (insert page numbers or other
identification) of this proposal constitutes a trade secret and/or
information that is commercial or financial and confidential or
privileged. It is furnished to the Government in confidence with the
understanding that it will not, without permission of the offeror, be
used or disclosed other than for evaluation purposes; provided,
however, that in the event a contract (or other agreement) is awarded on
the basis of this proposal the Government shall have the right to use
and disclose this information (data) to the extent provided in the
contract (or other agreement). This restriction does not limit the
Government's right to use or disclose this information (data) if
obtained from another source without restriction.
d. Abstract. Include a concise (200-300 word if not otherwise
specified in the NRA) abstract describing the objective of the proposed
effort and the method of approach.
e. Project Description. (1) The main body of the proposal shall be a
detailed statement of the work to be undertaken and should include
objectives and expected significance; relation to the present state of
knowledge in the field; and relation to previous work done on the
project and to related work in progress elsewhere.
The statement should outline the general plan of work, including the
broad design of experiments to be undertaken and an adequate description
of experimental methods and procedures. The project description should
be prepared in a manner that addresses the evaluation factors in these
instructions and any additional specific factors in the NRA. Any
substantial collaboration with individuals not referred to in the budget
or use of consultants should be described. Note, however, that
subcontracting significant portions of a research project is
discouraged.
(2) When it is expected that the effort will require more than one
year for completion, the proposal should cover the complete project to
the extent that it can be reasonably anticipated. Principal emphasis
should, of course, be on the first year of work, and the description
should distinguish clearly between the first year's work and work
planned for subsequent years.
f. Management Approach. For large or complex efforts involving
interactions among numerous individuals or other organizations, plans
for distribution of responsibilities and any necessary arrangements for
ensuring a coordinated effort should be described. Aspects of any
required intensive working relations with NASA field centers that are
not logical inclusions elsewhere in the proposal should be described in
this section.
g. Personnel. The principal investigator is responsible for direct
supervision of the work and participates in the conduct of the research
regardless of whether or not compensation is received under the award.
A short biographical sketch of the principal investigator, a list of
principal publications and any exceptional qualifications should be
included. Omit social security number and other personal items which do
not merit consideration in evaluation of the proposal. Give similar
biographical information on other senior professional personnel who will
be directly associated with the project. Give the names and titles of
any other scientists and technical personnel associated substantially
with the project in an advisory capacity. Universities should list the
approximate number of students or other assistants, together with
information as to their level of academic attainment. Any special
industry-university cooperative arrangements should be described.
h. Facilities and Equipment. (1) Describe available facilities and
major items of equipment especially adapted or suited to the proposed
project, and any additional major equipment that will be required.
Identify any Government-owned facilities, industrial plant equipment, or
special tooling that are proposed for use on the project.
(2) Before requesting a major item of capital equipment, the proposer
should determine if sharing or loan of equipment already within the
organization is a feasible alternative to purchase. Where such
arrangements cannot be made, the proposal should so state. The need for
items that typically can be used for both research and non-research
purposes should be explained.
i. Proposed Costs. (1) Proposals should contain cost and technical
parts in one volume: do not use separate ''confidential'' salary pages.
As applicable, include separate cost estimates for salaries and wages;
fringe benefits; equipment; expendable materials and supplies;
services; domestic and foreign travel; ADP expenses; publication or
page charges; consultants; subcontracts; other miscellaneous
identifiable direct costs; and indirect costs. List salaries and wages
in appropriate organizational categories (e.g., principal investigator,
other scientific and engineering professionals, graduate students,
research assistants, and technicians and other non-professional
personnel). Estimate all manpower data in terms of man-months or
fractions of full-time.
(2) Explanatory notes should accompany the cost proposal to provide
identification and estimated cost of major capital equipment items to be
acquired; purpose and estimated number and lengths of trips planned;
basis for indirect cost computation (including date of most recent
negotiation and cognizant agency); and clarification of other items in
the cost proposal that are not self-evident. List estimated expenses as
yearly requirements by major work phases. (Standard Form 1411 may be
used).
(3) Allowable costs are governed by FAR Part 31 and the NASA FAR
Supplement Part 1831 (and OMB Circulars A-21 for educational
institutions and A-122 for nonprofit organizations).
j. Security. Proposals should not contain security classified
material. However, if the proposed research requires access to or may
generate security classified information, the submitter will be required
to comply with applicable Government security regulations.
k. Current Support. For other current projects being conducted by
the principal investigator, provide title of project, sponsoring agency,
and ending date.
l. Special Matters. (1) Include any required statements of
environmental impact of the research, human subject or animal care
provisions, conflict of interest, or on such other topics as may be
required by the nature of the effort and current statutes, executive
orders, or other current Government-wide guidelines.
(2) Proposers should include a brief description of the organization,
its facilities, and previous work experience in the field of the
proposal. Identify the cognizant Government audit agency, inspection
agency, and administrative contracting officer, when applicable.
a. Renewal proposals for existing awards will be considered in the
same manner as proposals for new endeavors. It is not necessary that a
renewal proposal repeat all of the information that was in the original
proposal upon which the current support was based. The renewal proposal
should refer to its predecessor, update the parts that are no longer
current, and indicate what elements of the research are expected to be
covered during the period for which extended support is desired. A
description of any significant findings since the most recent progress
report should be included. The renewal proposal should treat, in
reasonable detail, the plans for the next period, contain a cost
estimate, and otherwise adhere to these instructions.
b. NASA reserves the right to renew an effort either through
amendment of an existing contract or by a new award.
Unless otherwise specified in the NRA, every effort should be made to
keep proposals as brief as possible, concentrating on substantive
material essential for a complete understanding of the project.
Experience shows that few proposals need exceed 15-20 pages. Any
necessary detailed information, such as reprints, should be included as
attachments rather than in the main body of the proposal. A complete
set of attachments is necessary for each copy of the proposal. As
proposals are not returned, avoid use of ''one-of-a-kind'' attachments:
their availability may be mentioned in the proposal.
a. Some projects involve joint efforts among individuals in different
organizations or mutual efforts of more than one organization. Where
multiple organizations are involved, the proposal may be submitted by
only one of them. In this event, it should clearly describe the role to
be played by the other organizations and indicate the legal and
managerial arrangements contemplated. In other instances, simultaneous
submission of related proposals from each organization might be
appropriate, in which case parallel awards would be made.
b. Where a project of a cooperative nature with NASA is contemplated,
the proposal should describe the contributions expected from any
participating NASA investigator and agency facilities or equipment which
may be required. However, the proposal must be confined only to that
which the proposing organization can commit itself. ''Joint'' proposals
which purport to specify the internal arrangements NASA will actually
make are not acceptable as a means of establishing an agency commitment.
A proposal or modification thereto received after the date or dates
specified in an NRA may still be considered if the selecting official
deems it to offer NASA a significant technical advantage or cost
reduction.
Proposals may be withdrawn by the proposer at any time. Offerors are
requested to notify NASA if the proposal is funded by another
organization or of other changed circumstances which dictate termination
of evaluation.
a. Unless otherwise specified in the NRA, the principal elements (of
approximately equal weight) considered in evaluating a proposal are its
relevance to NASA's objectives, intrinsic merit, and cost.
b. Evaluation of a proposal's relevance to NASA's objectives includes
the consideration of the potential contribution of the effort to NASA's
mission.
c. Evaluation of its intrinsic merit includes the consideration of
the following factors, none of which is more important than any other:
(1) Overall scientific or technical merit of the proposal or unique
and innovative methods, approaches, or concepts demonstrated by the
proposal.
(2) The offeror's capabilities, related experience, facilities,
techniques, or unique combinations of these which are integral factors
for achieving the proposal objectives.
(3) The qualifications, capabilities, and experience of the proposed
principal investigator, team leader, or key personnel who are critical
in achieving the proposal objectives.
(4) Overall standing among similar proposals available for evaluation
and/or evaluation against the known state-of-the-art.
d. Evaluation of the cost of a proposed effort includes the
consideration of the realism and reasonableness of the proposed cost and
the relationship of the proposed cost to available funds.
Selection decisions will be made following peer and/or scientific
review of the proposals. Several evaluation techniques are regularly
used within NASA. In all cases, however, proposals are subject to
scientific review by discipline specialists in the area of the proposal.
Some proposals are reviewed entirely in-house where NASA has particular
competence; others are evaluated by a combination of in-house people
and selected external reviewers, while yet others are subject to the
full external peer review technique (with due regard for
conflict-of-interest and protection of proposal information), such as by
mail or through assembled panels. Regardless of the technique, the
final decisions are always made by a designated NASA selecting official.
A proposal which is scientifically and programmatically meritorious,
but which is not selected for award during its initial review under the
NRA may be included in subsequent reviews unless the proposer requests
otherwise.
a. When a proposal is not selected for award, and the proposer has
indicated that the proposal is not to be held over for subsequent
reviews, the proposer will be notified that the proposal was not
selected for award. NASA will notify the proposer and explain generally
why the proposal was not selected. Proposers desiring additional
information may contact the selecting official who will arrange a
debriefing.
b. When a proposal is selected for award, negotiation and award will
be handled by the procurement office in the funding installation. The
proposal is used as the basis for negotiation with the submitter.
Formal RFPs are not used to obtain additional information on a proposal
selected under the NRA process. However, the contracting officer may
request certain business data and may forward a model contract and other
information which will be of use during the contract negotiation.
NASA reserves the right to make no awards under this NRA and, in the
absence of program funding or for any other reason, to cancel this NRA
by having a notice published in the ''Commerce Business Daily.'' NASA
assumes no liability for cancelling the NRA or for anyone's failure to
receive actual notice of cancellation. Cancellation may be followed by
issuance and synopsis of a revised NRA, since amendment of an NRA is
normally not permitted.
48 CFR 1870.203 Subpart 1870.3 -- NASA Source Evaluation
48 CFR 1870.301 Purpose.
The acquisition of goods and services is among the most important
activities that NASA performs and demands the agency's best management
efforts. Therefore, the source evaluation and selection procedures must
emphasize the application of sound judgment to the problems of source
evaluation and assure that Source Evaluation Boards (SEB) conduct their
activities impartially and efficiently in ways which will effectively
accomplish the source evaluation task.
48 CFR 1870.302 Regulations.
The basic regulations governing source selection using the SEB
process appear at 1815.613-71. Detailed operating instructions and
procedures for the evaluation and negotiation of procurements by Source
Evaluation Boards appear at 1870.303. These instructions provide general
and specific policies and procedures for SEB's evaluating offerors'
proposals and related capabilities. They are designed for use by
procurement personnel and by the wide range of individuals who
participate in the SEB process. The instructions will also be of help
to the public in understanding NASA's source selection policies and
procedures.
48 CFR 1870.303 Source Evaluation Board Procedures.
(a) SEB procedures are prescribed by Appendix I to this section
1870.303.
(b) NASA may reprint Appendix I as a separate document, which may be
referred to as the NASA Source Evaluation Board Handbook, for sale
and/or distribution provided the following conditions are met:
(1) The issuance date (''cover date'') of the Handbook shall be the
date of the NASA FAR Supplement version from which the text is
extracted.
(2) With the exception of availability, distribution and other
special prefatory notices, any subsequent modification in the text shall
be preceded by a change to the NASA FAR Supplement 1870.303, Appendix I.
(3) The following notice shall be included in the prefatory material
of the Handbook:
This Handbook is a separately bound, verbatim version of NASA FAR
Supplement (NFS) (48 CFR 1870.303) section 1870.303, Appendix I.
Reference to other parts of the Federal Acquisition Regulation (FAR) and
the NFS will be required for complete coverage of all procurement
aspects. NASA reserves the right to make changes to NFS 1870.303,
Appendix I, without issuing a new edition of this Handbook. Any such
changes will be published in the Federal Register; however, it is
anticipated that such changes will be rare, unless mandated by statute
or unusual circumstances. In the event of apparent conflict between
this Handbook and the NFS, the NFS shall govern.
The acquisition of goods and services is among the most important
activities that NASA performs and demands our best management efforts.
The acquisition system we use must be such that individuals performing
within it are challenged to high standards of performance because they
know that their efforts contribute to and form part of the Government's
decision-making process.
The source evaluation and selection process covered by this handbook
exemplifies our efforts to emphasize the application of sound judgment
to the problems of source evaluation. In addition, the handbook
emphasizes the responsibility which line and staff management retains to
assure that Source Evaluation Boards (SEB's) conduct their activities
impartially and efficiently in ways which will effectively accomplish
the source evaluation task.
The process provides for an equitable and comprehensive evaluation of
offerors' proposals to assist the Source Selection Official (SSO) in
selecting the source(s) whose proposal(s) presents the highest
probability of quality performance to best meet NASA's requirements at a
realistic cost/price. This handbook provides guidance and general and
specific policies and procedures for SEB's evaluating offerors'
proposals and related capabilities in negotiated procurements. Its
intention is to encourage the exercise of sound judgment in the many
important aspects of the process. SEB's are expected to apply common
sense in determining appropriate variations and adaptations necessary in
individual situations, provided that these do not constitute a departure
from basic concepts and intent. Substantive deviations may be
authorized only by the Assistant Administrator for Procurement.
While this handbook is intended primarily for NASA use, it is also
available to the public so that NASA's source selection policies and
procedures can be understood by all participants in the process.
The provisions of this handbook are applicable to all elements of
NASA and are to be implemented on any Request for Proposal (RFP) subject
to evaluation by an SEB and issued on or after October 1, 1988. The
source selection policies and procedures set forth in this handbook are
to be implemented in accordance with the Federal Acquisition Regulation
(FAR) subpart 15.6 and NASA/FAR Supplement (NFS) 1815.613. However, the
procedures in this handbook may be used in any other competitively
negotiated procurement where the SSO determines it desirable to do so.
100 Introduction
101 Cognizant Management Responsibilities
102 Source Selection Official
103 Source Evaluation Board
200 General
201 Membership
202 Organization
203 Responsibilities
300 General
301 Mission Suitability
302 Cost
303 Relevant Experience and Past Performance
304 Other Considerations
305 Continuing Evaluative Responsibility of SEB
400 General
401 Initial SEB Activities
402 Evaluation Plan
403 Qualification Standards
404 Request for Proposals (RFP's) -- Review and Approval
405 Preproposal Conference
406 Initial Evaluation
407 Final Evaluation
500 General
501 Responsibilities and Procedures
600 General
601 Source Selection Decision
602 Notice and Debriefing for Unsuccessful Offerors
603 Source Selection Statement
604 Multiple Selection Decisions
This chapter describes the role of key participants in the Source
Evaluation Board (SEB) process, including cognizant line and staff
management, the Source Evaluation Board and the Source Selection
Official.
1. The SEB process described in this handbook shall be used for major
procurements as defined by NFS 1815.613-71(a). The process is used to
accomplish and document the source evaluation and selection function.
2. Upon request of the cognizant Installation Procurement Officer, as
a part of the Master Buy Plan procedure, the Assistant Administrator for
Procurement or an appropriate designee may consider streamlining these
source selection procedures for a particular procurement. This
decision, granting a deviation to the formal SEB process, will be
communicated to the cognizant Procurement Officer as a part of the
written response to the installation regarding the Master Buy Plan
submission. Requests for use of streamlined procedures may also be
submitted independent of the Master Buy Plan procedure.
3. When the SEB process is determined to be applicable in accordance
with the NFS, the specific SEB procedures detailed in this handbook are
employed to --
a. Prepare a solicitation that accurately conveys to offerors the
technical, schedule, cost, and other contractual requirements of the
procurement;
b. Ensure equitable and comprehensive evaluation of the competitors'
proposals;
c. Ensure fairness and freedom from outside influence throughout the
process;
d. Ensure selection of the source(s) whose performance can be
expected to be most advantageous to the Government with respect to the
Mission Suitability, Cost, Relevant Experience and Past Performance, and
Other Considerations factors considered; and
e. Protect the business confidential and proprietary information
contained in proposals submitted to the Government for evaluation.
4. Appropriate cognizant line and staff management shall --
a. Establish each SEB with fully qualified Government personnel
possessing broad experience and the professional skills and knowledge
required for proper evaluation and assessment of offerors' proposals;
b. Ensure all personnel assigned to the SEB are unencumbered by other
assignments which compete with SEB activities and, further, ensure that
personnel assigned to the SEB are officially appointed to the activity
for the duration of the SEB;
c. Ensure the SEB is provided all current NASA policies and
procedures relevant to SEB operation;
d. Ensure acquisition strategy and planning objectives are achieved
as reflected in the acquisition's requirements;
e. Ensure the SEB works in harmony with the needs and objectives of
the requiring activity;
f. Concur in the substance and weight of evaluation factors,
subfactors, and elements;
g. Ensure the RFP is complete, clear, and consistent with agency
objectives and with the needs of the activity requiring the procurement,
that the procedures for evaluation and selection are clearly set forth,
and that the offeror is not burdened with unnecessary requests for data
not pertinent to source selection;
h. Ensure appropriate actions are taken, consistent with the FAR and
NFS, to obtain full and open competition in the selection process, or to
obtain appropriate approvals for exceptions;
i. Establish an SEB advisory group or individual at the field
installation to ensure proper source selection procedures are employed;
and
j. Ensure an environment exists in which evaluation and selection
activities can be effectively conducted.
5. For purposes of this handbook, in cases where the SSO is at the
Headquarters level, ''cognizant line and staff management,'' as
addressed in subparagraph 4, includes --
a. The NASA Acquisition Executive for systems designated as major
acquisitions under NMI 7100.14, ''Major System Acquisitions'';
b. Officials-in-Charge of the cognizant Headquarters Program and
Headquarters Offices or their Deputies. (See NMI 1101.2, ''NASA
Organization and Definition of Terms.'');
c. The cognizant Field Installation Director and Deputy/Associate
Director;
d. The Field Installation Project Manager;
e. The Assistant Administrator for Procurement;
f. The General Counsel and/or Associate General Counsel (Contracts);
g. The Associate Administrator for Safety, Reliability,
Maintainability, and Quality Assurance (SRM&QA);
h. The Field Installation Principal Official-in-Charge of
Administration, when such a position exists;
i. The Field Installation Chief Counsel; and
j. The Field Installation Procurement Officer.
6. When the Administrator or an Official-in-Charge of a Headquarters
Office is the SSO, selected cognizant line and staff management,
including the General Counsel or designee and the Assistant
Administrator for Procurement, will advise the SSO in executive session,
at the conclusion of the presentation of the SEB report, regarding their
views concerning the SEB's findings. Management personnel are
encouraged to seek the advice of the General Counsel, the Assistant
Administrator for Procurement, and any other responsible Headquarters
official regarding any SEB-level procurement problem where their
participation would be helpful in the conduct of the SEB process.
1. The SSO is the senior agency official responsible on a particular
procurement for proper and efficient conduct of the source selection
process and for making the final source selection decision. It is the
SSO's responsibility to decide which of the proposals submitted in
response to the solicitation would prove most advantageous to the
Government, all RFP evaluation factors considered. The decision must
reflect the SSO's determination of relative quality and suitability of
what is proposed by each offeror in light of the Government's stated
requirements and the confidence level associated with the offeror's
ability to accomplish what is proposed. This includes an assessment of
the probable cost of each proposal in the competitive range. Trade-off
judgments may be required among the evaluation factors (Mission
Suitability, Cost, Relevant Experience and Past Performance, and Other
Considerations). For procurements designated as Headquarters
selections, the SSO will be identified as a part of the Master Buy Plan
process. For field installation selections, the Field Installation
Director will serve as the SSO.
2. The SSO will --
a. Approve the substance and weight of evaluation factors,
subfactors, and elements prior to release of the RFP, or delegate this
responsibility to appropriate management personnel;
b. Appoint the SEB Chairperson and members, both voting and
nonvoting, except when the Administrator will serve as the SSO, in which
case the Official-in-Charge of the cognizant Headquarters Program Office
will appoint the SEB Chairperson and members;
c. Provide the SEB with appropriate guidance and special instructions
to conduct the evaluation and selection procedures; and
d. Make the final selection decision. Selection for final
negotiations will be based on an integrated assessment of each offeror's
proposal, taking into consideration the SEB's report and advice from
senior officials.
1. The solicitation, receipt, and evaluation of proposals will be
implemented by the SEB in accordance with the procedures outlined in
this handbook. It is paramount that the SEB's evaluation not be
influenced by persons outside the SEB process, whether or not such
persons are NASA employees. The SEB is established with special status
and shall be staffed with competent people fully qualified to identify
the strengths, weaknesses, and risks associated with proposals submitted
in response to the Government solicitation. The SEB assists the SSO in
decision making by providing expert analyses of the offerors' proposals
in relation to the evaluation factors, subfactors, and elements
contained in the solicitation.
2. In particular, the SEB shall --
a. Conduct an in-depth review and evaluation of each proposal against
the solicitation requirements and the approved evaluation factors,
subfactors, and elements;
b. Provide an integrated assessment of each offeror's probable
performance relative to the evaluation factors, subfactors, and elements
contained in the solicitation related to Mission Suitability;
c. Perform cost analysis by reviewing and analyzing each offeror's
proposed costs by individual cost element to determine the validity and
reasonableness of the proposed costs. Perform price analysis by
comparing each offeror's proposed price (when it is feasible to do so)
against the independent Government cost estimate and/or prior experience
and knowledge regarding similar efforts to assist in determination of a
fair and reasonable price. Develop a probable cost for each proposal
within the competitive range;
d. Evaluate the relevant experience and past performance of each
offeror, including the relevant experience and past performance of
proposed subcontractors intended to perform a major role in
accomplishment of procurement objectives or to participate in a
substantive manner;
e. Evaluate proposals under the Other Considerations factor included
in the RFP and present the analysis of that factor as reflected in each
offeror's proposal;
f. Ensure proper SEB procedures are implemented, including those
necessary to prevent disclosure of source selection data;
g. Prepare and present the SEB report which accurately and clearly
reflects the findings of the SEB.
Note. -- The SEB is not to make recommendations for selection to the
SSO. The SEB reports its findings, avoiding trade-off judgments among
either the individual offerors or among the Mission Suitability, Cost,
Relevant Experience and Past Performance, and Other Considerations
evaluation factors.
This chapter sets forth NASA policy on membership, organization, and
responsibilities of SEB's.
a. SEB's shall be comprised of qualified management, technical,
scientific, contracting, and business experts including, where
appropriate, SRM&QA representatives. Each SEB shall have a legal
advisor.
b. While in general the SEB Chairperson, SEB members, and committee
members are drawn from the cognizant installation, personnel from other
NASA installations or other Government agencies may be used when their
services are required in a particular area of expertise and would
significantly contribute to the evaluation of proposals.
c. It is NASA policy to have proposals evaluated by the most
competent technical and management sources available in NASA and the Jet
Propulsion Laboratory (JPL). All personnel participating in evaluation
proceedings shall be instructed to observe the restrictions in the FAR
and NFS regarding personal conflicts of interest and the disclosure of
information concerning the evaluation. Non-NASA personnel shall not
serve as voting members of a NASA SEB.
d. In evaluating a proposal, the SEB may find that it is necessary to
disclose the proposal (in whole or in part) outside the Government to
meet its evaluation needs. When it is clearly necessary to disclose the
proposal (in whole or in part) outside the Government, arrangements
shall be made in accordance with NFS 1815.413-2.
e. It is desirable that voting members of the SEB include people who
will have key assignments on the project to which the procurement is
directed. However, it is important that this should be tempered to
ensure objectivity and to avoid an improper balance. It may even be
appropriate to designate a management official from outside the project
as SEB Chairperson.
f. SEB membership normally need not exceed seven voting members,
including the Chairperson. If additional support is needed, the use of
committees and panels is authorized. The number of such supporting
personnel shall be kept as small as the nature of the subject matter
permits. Wherever feasible, an assignment to SEB membership as a voting
member shall be on a full-time basis. Where this is not feasible, SEB
membership and duties are to take precedence over other duties.
g. The number of nonvoting ex officio (advisory) members shall be
kept as small as the nature of the procurement allows. Ex officio
members should be selected for the experience and expertise they can
provide to the SEB. Since their advisory role may require access to
highly sensitive SEB material and findings, ex officio membership for
persons other than those identified in paragraph 3b should be carefully
considered.
a. Designation of the SEB Chairperson and members, both voting and
nonvoting, shall be by the SSO except when the Administrator will serve
as the SSO, in which case the designation shall be by the
Official-in-Charge of the cognizant Headquarters Program Office. The
designation letter will be addressed to the cognizant Field Installation
Director when the SSO is at the Headquarters level or to the SEB
Chairperson when the SSO is the Field Installation Director. The letter
shall be prepared in accordance with the sample letter in Appendix A and
forwarded for signature to the SSO or the cognizant Official-in-Charge
of the Headquarters Program Office early in the procurement cycle, but
not later than coordination and approval of the procurement plan. Prior
to signature, concurrence by the Headquarters Office of Procurement
(Code HS) is required when the SSO is at the Headquarters level or by
the cognizant Field Installation Procurement Officer when the SSO is the
Field Installation Director.
b. When the Administrator or the Official-in-Charge of the cognizant
Headquarters Program Office is the SSO, re1sume1s of voting members
shall be provided along with the proposed designation letter. These
re1sume1s shall include functional title, grade level and related SEB
experience.
a. The following people shall be on all SEB's and designated as
voting members:
(1) Chairperson.
(2) A senior, key technical representative for the project.
(3) An experienced procurement representative.
(4) A senior SRM&QA representative, as appropriate.
(5) Committee chairpersons (except where this imposes an undue
workload).
All voting members of the SEB shall have equal status as rating
officials.
b. The following people shall be on all SEB's as nonvoting ex officio
members:
(1) Assistant Administrator for Procurement and designee from the
Program Operations Division (Code HS) when either an Official-in-Charge
of a Headquarters Program Office or the Administrator is the SSO.
(2) General Counsel and/or the Associate General Counsel (Contracts)
when either an Official-in-Charge of a Headquarters Program Office or
the Administrator is the SSO.
(3) Associate Administrator for Safety, Reliability, Maintainability,
and Quality Assurance or designee when either an Official-in-Charge of a
Headquarters Program Office or the Administrator is the SSO.
(4) Director of the cognizant Field Installation or designee when
either an Official-in-Charge of a Headquarters Program Office or the
Administrator is the SSO.
(5) Cognizant Program Director or designee when an Official-in-Charge
of a Headquarters Program Office is the SSO.
(6) Official-in-Charge of the cognizant Headquarters Program Office
or a designee when the Administrator is the SSO.
(7) Chairpersons of SEB committees when they are non-voting members.
(8) The Procurement Officer of the installation, unless designated a
voting member.
(9) The contracting officer responsible for the procurement, unless
designated a voting member.
(10) The Chief Counsel and/or designee of the installation.
(11) The SEB recorder.
c. The Assistant Administrator for Procurement, the Code HS Director
and cognizant procurement analyst, and the Associate General Counsel
(Contracts) have access to all SEB activity by virtue of their positions
in the agency.
d. The Associate General Counsel (Contracts) will assign legal
advisors to Headquarters SEB's. The installation Chief Counsels will
assign legal advisors to SEB's at their installations. The assigned
advisor will provide legal advice and counsel on all matters pertaining
to the procurement. Upon appointment of the SEB, the Associate General
Counsel (Contracts) or designee, or Chief Counsel or designee, as
appropriate, will brief SEB personnel on required standards of conduct.
e. Nonvoting ex officio members may state their views and contribute
to the discussions in SEB deliberations, but they may not participate in
the actual rating process. However, the SEB recorder should be present
during rating sessions. The Chairperson is responsible for determining
appropriate attendance at SEB meetings and is encouraged to seek the
advice and counsel of nonvoting ex officio members whenever necessary
without convening a special meeting.
The organization of an SEB is tailored to the requirements of the
particular procurement. This can range from the simplest situation,
where the SEB conducts the evaluation and fact-finding without the use
of committees or panels, to a highly complex situation involving a major
acquisition where two or more committees are formed and these, in turn,
are assisted by special panels in particular areas. Appropriate
organization somewhere between these two extremes is generally expected
but in all cases the number of committees or panels should be kept to a
minimum consistent with the requirements of the procurement.
1. The SEB is the central group in the source evaluation process.
Its function is to carry out the activities set forth in this handbook,
culminating in final evaluation of all proposals and its report to the
SSO. The SEB's evaluation is based on all available information,
including proposals, committee and panel reports, written and/or oral
discussions, personal knowledge of the members in the area of experience
and past performance, and other appropriate reference checks. Subject
to reviews by the SSO and cognizant management personnel as may be
required, the SEB establishes evaluation factors, subfactors, elements
and their relative importance; generates qualification standards (where
applicable); and reviews and approves the RFP prior to issuance. The
SEB reviews offeror satisfaction of applicable qualification standards,
if any, and makes an identification of unacceptable proposals. It
provides an initial evaluation of acceptable proposals sufficient for
determination of the competitive range and participates in written
and/or oral discussions held with all offerors in the competitive range.
The SEB shall not delegate its evaluation responsibility in whole or in
part. Findings of committees or panels must be reviewed by the SEB,
with its own collective judgment being applied in arriving at the SEB
evaluation findings reported to the SSO.
2. The SEB Chairperson is the principal operating executive of the
SEB. This carries with it a responsibility broader in scope and
including more requirements for coordination across more different
specialized disciplines and through more diverse management channels
than is expected in most management situations. The Chairperson is
expected to manage the team efficiently without compromising the
validity of the findings provided to the SSO as the basis for a sound
selection decision.
3. The SEB Recorder functions as the principal administrative
assistant to the SEB Chairperson. The duties and responsibilities of
the position are as follows:
a. Attends all SEB meetings and serves as principal assistant to the
SEB Chairperson.
b. Obtains secure work areas for conduct of SEB activity and develops
and implements procedures for controlling access and safeguarding SEB
proceedings and documentation.
c. Obtains materials, supplies, and equipment needed by the SEB.
d. Arranges for preparation, reproduction, control, and distribution
of material relating to the activity of the SEB and its committees.
e. Prepares and distributes the agenda for SEB meetings.
f. Obtains and distributes current applicable procedures, policies,
and instructions to the SEB and committee members and others involved.
g. Records the substantive issues discussed.
h. Follows up on action items assigned to SEB members to ensure no
delays in the SEB schedule will occur.
i. Obtains the SEB Chairperson's approval of SEB minutes. Provides
copies to all voting SEB members and/or nonvoting members, as directed
by the SEB Chairperson. Retains the original copy of the minutes and
incorporates them into an official record book.
j. Assists in preparation and assembly of the SEB's report of
findings and presentation charts and arranges for reproduction and
distribution.
k. Destroys all duplicate material in excess of the SEB's need or
retains material, as defined by the contracting officer, the SEB, and/or
the SSO.
l. After formal selection announcement, accumulates, packages, and
forwards documentation pertinent to the SEB's work to the cognizant
contracting officer for retention throughout the life of the contract.
m. At the conclusion of all SEB activity, surveys the area where SEB
activity occurred and arranges for the return of equipment and
materials, as appropriate.
4. An SEB Committee functions as a fact-finding arm of the SEB,
usually in a broad grouping of related disciplines (e.g., technical or
management). It is comprised of people well-versed and experienced in
each of the major disciplines under its aegis. For example, a
''Management Committee'' could include experts in such areas as
organization, pricing, personnel, labor, contracting, and facilities
operation. The committee examines in detail each proposal, or portion
thereof, assigned by the SEB. It evaluates such proposals or excerpts
in accordance with the approved evaluation factors, subfactors, and
elements and submits a written report to the SEB summarizing its
evaluation. The committee will also respond to requirements assigned by
the SEB, including further justification or reconsideration of its
findings.
5. Committee chairpersons shall, with respect to their committees,
exercise the same responsibility for administrative and procedural
matters as does the SEB Chairperson for the SEB.
6. An SEB panel functions as a fact-finding arm of the committee in a
specialized area of the committee's responsibilities. Panels are
established when a particular area requires deeper analysis than can be
provided by individual members of the committee.
7. a. All personnel involved in SEB activities are responsible for
complying with the requirements of this handbook and other applicable
regulations. Accordingly, they are advised to seek counsel and guidance
from appropriate personnel, such as; the SEB Chairperson, the SEB
procurement voting member, the contracting officer and/or the SEB legal
advisor as well as any cognizant installation SEB advisory group with
respect to any questions concerning compliance with these requirements.
The Chairperson shall require each SEB, committee, and panel member to
be familiar with the provisions of NHB 1900.1, ''Standards of Conduct
for NASA Employees,'' regarding conflict of interest and to inform the
Chairperson in writing if, in the opinion of the member, their
participation presents a real or apparent conflict of interest. In
addition, the SEB Chairperson shall ensure that each SEB, committee, and
panel member has filed a completed NASA Form 1270, ''Confidential
Statement of Employment and Financial Interests.'' Code HS procurement
analysts will comply with the necessary disclosure requirements and will
sign the necessary certificates on an annual basis to cover all SEB
activities that the analyst may participate in throughout the year.
Completed NASA Form 1270's from Code HS personnel will be generated and
reviewed at the Headquarters level and will remain on file in the Office
of General Counsel.
b. Prior to selection and announcement of an offeror for final
negotiations, NASA personnel shall not reveal any information concerning
the evaluation to anyone not participating in the same evaluation
proceedings and then only to the extent such information is required by
such proceedings and approved by the SSO or designee.
c. Subsequent to selection and announcement of an offeror for final
negotiations, information concerning SEB proceedings and data will be
made available to others within NASA only when the requester
demonstrates a need to know for a NASA purpose. Information will be
made available to persons outside NASA, including other Government
agencies, only when such disclosure is concurred in by the Office of
General Counsel. title 18, U.S. Code, section 1905, prohibits any
officer or employee of the United States from disclosing or divulging
certain kinds of business confidential and trade secret information
unless authorized by law. Possible penalties upon conviction include
imprisonment of up to 1 year, a fine of not more than $1,000, and
removal from the Federal Service.
1. This chapter describes the factors, subfactors, and elements used
in evaluation of proposals and discusses the manner in which the SEB
will develop, describe, and structure such factors, subfactors, and
elements.
2. The SEB's responsibility is to provide analysis of proposals to
aid the SSO in selecting the offeror(s) who best meets the Government's
requirements at a reasonable cost.
3. In making a selection, the SSO normally considers four evaluation
factors: a. Mission Suitability (which reflects how well the offerors
can be expected to perform the work from a technical and management
perspective); b. Cost (which reflects what it will probably cost the
Government to do business with the offerors); c. Relevant Experience
and Past Performance (which reflects the amount and quality of previous
work accomplished by the offerors comparable to the work to be performed
under the procurement being evaluated); and d. Other Considerations
(which are those considerations, stated in the RFP, other than Mission
Suitability, Cost, and Relevant Experience and Past Performance that can
affect contract performance).
4. Performing the proposed work properly (Mission Suitability) is
always important, and so is the probable cost of performing that work.
Probable cost is not necessarily the offeror's estimate of costs;
rather, it is the SEB's assessment of what the proposed work is likely
to cost. Depending on circumstances, relevant experience and past
performance or other considerations may or may not be of prime
importance.
5. The SEB evaluates proposals with respect to the four evaluation
factors, as follows:
a. Mission Suitability. This factor indicates, for each offeror, the
merit or excellence of the work to be performed or product to be
delivered. It includes, as appropriate, both technical and management
subfactors. Because this factor can be highly technical and must be
integrated in order to convey an overall evaluation of relative merit,
Mission Suitability and its supporting subfactors shall be numerically
weighted and scored. Elements may or may not be numerically weighted
and scored.
b. Cost. This factor evaluates what each offeror's proposal will
probably cost the Government should it be selected for negotiations
leading to award. Proposed costs are analyzed to determine the probable
''cost of doing business'' based upon the offeror's proposed approach.
Further, this analysis identifies and assesses the impact of features
that cause a proposal to cost more or less than other proposals. (See
paragraph 302 for detailed coverage.) Cost is not numerically weighted
or scored.
c. Relevant Experience and Past Performance. This factor indicates
the relevant quantitative and qualitative aspects of each offeror's
record of performing services or delivering products similar in size,
content, and complexity to the requirements of the instant procurement.
The Relevant Experience and Past Performance factor provides an
opportunity to evaluate the quality of goods and services provided by
the offeror(s) to the agency and other Government organizations. The
agency has acquired a substantial amount of firsthand experience and
past performance data over a variety of program and contract efforts.
Evaluation of this factor also utilizes relevant experience and past
performance data from programs acquired by other Governmental
organizations, covering both prime and subcontractor performance. The
Relevant Experience and Past Performance factor is not numerically
weighted or scored.
d. Other Considerations. This factor includes those considerations
other than Mission Suitability, Cost, and Relevant Experience and Past
Performance. They include, but are not limited to, such items as:
financial condition, labor relations considerations, small and small
disadvantaged business considerations, and geographic distribution of
subcontracts. Other Considerations is not numerically weighted or
scored.
6. Mission Suitability is the only factor which is numerically
weighted (normally 1000 points) and scored. Further, each Mission
Suitability subfactor is numerically weighted and scored. The sum of
the subfactor weights will total the weight of the Mission Suitability
factor. A subfactor may, at the discretion of the SEB, be divided into
discrete elements which, in total, comprise the subfactor evaluation
area. If deemed conducive to the evaluation process, the SEB may weigh
and score individual elements of a subfactor. The sum of the weights of
the individual elements will equal the weight of the subfactor.
7. The general format for inclusion of the factors, subfactors, and
elements in the RFP are:
a. Factor (numerically scored) -- Mission Suitability
Grouping/Category (not numerically scored) -- i.e., Technical or
Management (optional)
(1) Subfactor (numerically scored)
(2) Subfactor (numerically scored)
(3) Subfactor (numerically scored)
Element (optional). May or may not be numerically scored.
b. Factor (not numerically scored) -- Cost
c. Factor (not numerically scored) -- Relevant Experience and Past
Performance
d. Factor (not numerically scored) -- Other Considerations
a. Evaluation subfactors are the weighted areas within the Mission
Suitability factor that further identify, for proposal preparation and
evaluation purposes, the content of the factor. Examples of Mission
Suitability subfactors found by experience to be relevant to many
procurements are: Understanding of the Requirement; Management Plan;
Key Personnel; Corporate or Company Resources; and Excellence of
Proposed Design for hardware procurements. However, citation of these
specific subfactors is not intended to be restrictive or all inclusive.
The nature and thrust of the requirements and objectives of the
procurement may logically call for the use of some subfactors titled and
described in a somewhat different manner than those described below:
(1) Understanding of the Requirement. An offeror's proposal reflects
how well the offeror comprehends the work and the data requirements.
The offeror's proposal should be examined and analyzed to evaluate the
offeror's understanding of the requirements set forth in the RFP.
Understanding of the requirement can be evaluated as a separate
subfactor or can be evaluated as an element to be considered as a part
of the evaluation of each subfactor. Although costs are analyzed
separately from Mission Suitability, they may be significant in
indicating an offeror's understanding of the resources, human and
material, required for performance of the contract. Accordingly,
technical personnel assigned to committees or panels, in evaluation of
the Mission Suitability factor pursuant to the weighted subfactors and
elements, may be given access to the cost proposals or portions of the
cost proposals to help determine the offeror's understanding of the
requirements of the RFP. Such cost information may also help them to
assess the validity of the offeror's approach to performing the work in
accordance with the requirements. Cost realism, or the lack thereof,
should enter into the SEB's assessment of the measure of understanding
possessed by each offeror. Normally this would entail a consideration
of cost realism in the evaluation of all subfactors and elements wherein
understanding is an essential concept. Similarly, an offeror's
justification or rationale for proposed costs can give insight into how
well the work to be performed is understood.
(2) Management Plan. (a) The offeror's management plan sets forth
the offeror's approach for efficiently managing the work as demonstrated
by the proposed organization, the recognition of essential management
functions, and the effective overall integration of these functions.
(b) The management plan describes the project organization proposed
for the work, including internal operations and lines of authority,
together with external interfaces and relationships with the Government,
major subcontractors, and associate contractors. When properly
prepared, the authority of the project manager, the project manager's
relationship to the next echelon of management, and the project
manager's command of company resources can be ascertained from the
management plan. Likewise, the management plan provides schedules
necessary for the logical and timely pursuit of the work, accompanied by
a description of the offeror's work plan.
(3) Excellence of Proposed Design. In hardware acquisition, design
of the product is generally a major aspect of competition. In order to
arrive at an informed judgment, the SSO may require the SEB's evaluation
of the merits of competing designs in relationship to the stated
requirement. In evaluating the proposed designs, the SEB should
consider the resources required to perform the work inherent in the
differing designs. Evaluation of design may extend to whatever
subsystem level is deemed appropriate by the SEB and may include
producibility, reliability, maintainability, and, as applicable,
warranties.
(4) Key Personnel. (a) Thorough evaluation of proposed key personnel
is usually one of the most vital aspects of SEB activity.
(b) Experience demonstrates that the qualifications and performance
of a few people -- the top half-dozen or so directly involved managers
-- are extremely important to successful accomplishment of a contract.
For evaluation purposes, the SEB may designate a separate subfactor
entitled ''Key Personnel.'' The SEB may define the number and identity
of the key personnel for each offeror in the solicitation or may,
subject to such limitations as the SEB deems appropriate to assure a
reasonable basis for comparison, permit each offeror to define its own
key personnel consistent with its proposed organization.
(c) Written re1sume1s should be the baseline from which the
evaluation of key personnel begins. Personal reference checks with
people knowledgeable of an individual's training, experience, and
performance constitute part of this baseline; these should be made at
levels commensurate with the role of the individual in the program or
project involved. However, the written and/or oral discussions, if
conducted, will include all offerors in the competitive range and may be
used to establish the relative merits of personnel proposed by each
competing firm.
(d) The presentation to the SSO must clearly and concisely set forth
the results of the evaluation and discussion, including the strengths
and weaknesses of each offeror's key personnel.
(5) Corporate or Company Resources. The SEB should assess the
resources proposed by each offeror in the general areas of human
resources and facilities. For example, are the proper skill mixes and
numbers of people to do the work being offered? Does the offeror
propose facilities and, where required, special test equipment suitable
and adequate to assure timely performance of the work? If the offeror
does not possess adequate resources internally, is there a demonstration
of the ability to acquire them through subcontracts or otherwise?
b. Elements that further define the content of each subfactor may be
used. If individually numerically scored, these elements must be
revealed in the RFP and must be assigned a specific weighting in the
SEB's evaluation plan as a portion of the total points allotted. If
they are not numerically scored, identification in the RFP is not
required.
c. Establishment of evaluation subfactors, elements, and their
weights requires judgment on a case-by-case basis. The subfactors and
elements established and included in the RFP will then be utilized to
determine each offeror's rating in Mission Suitability, including its
understanding of the requirements, approach to the work, and the
competence of personnel to be directly involved.
d. By carefully considering the requirement(s) to be satisfied
through the products or services being procured, the SEB should be able
to identify, analyze, and score discrete subfactors and, where
appropriate, elements that determine how well the proposed product or
service can be expected to meet the demands of the specific
requirement(s). If individual subfactors, elements, and their weights
are prudently established, the integrated scores of the subfactors and
elements will give a representative picture of the merit of each
offeror's Mission Suitability.
e. (1) In structuring evaluation subfactors and elements, emphasis
should be placed on identification of significant discriminators.
Proliferation of subfactors and elements results in a leveling or
averaging out of scores over all proposals. Too many subfactors and
elements are detrimental to effective evaluation of proposals. Further,
clearly defining each evaluation subfactor and element helps to avoid
overlap and redundancy. Avoiding such overlap assures an offeror is not
scored in two or more areas for the same work.
(2) The following example conveys one approach to describing a
subfactor, utilizing elements, in an RFP. Within the ''management
plan'' subfactor the following elements may be determined by the SEB as
most suitable to assess how well each offeror's overall management
proposal would contribute to the probability of performing the contract
in an excellent manner: (a) Management approach and organization; (b)
staffing plan; and (c) management systems.
f. (1) Proposal risk will be carefully considered in evaluating
proposals. The proposal risks to be assessed are those associated with
cost, schedule, and performance or technical aspects of the program.
These risks will be considered in the Mission Suitability subfactors and
the Cost factor evaluation. Risks may be inherent in a program by
virtue of the program objectives relative to the state of the art.
Risks may occur as a result of a particular technical approach,
manufacturing plan, the selection of certain materials, processes,
equipment, etc., or as a result of the cost, schedule and economic
impacts associated with these approaches. Risk may also occur from the
impact that these will have on the offeror's ability to perform.
(2) As part of their proposal, offerors should be required to submit
a risk analysis which identifies risk areas and the recommended
approaches to minimize the impact of those risks on the overall success
of the program.
(3) In evaluating risks, the evaluators must consider the offeror's
assessment and make an independent judgment of the probability of
success, the impact of failure, and the alternatives available to meet
the requirements.
(4) Risk assessments shall be discussed in the SEB Report and be
considered in determining the overall numerical and adjectival ratings
and the strengths and weaknesses.
(5) It is the responsibility of the evaluation teams to inform the
cost team of identified risk areas and the potential for cost impact.
g. For each subfactor and element, there should be detailed
instructions provided in the RFP's Section L, ''Instructions,
Conditions, and Notices to Offerors or Quoters,'' specifying what
supporting information should be included in the proposals and the
specific format to be used. This increases the probability that SEB
evaluators will be provided necessary data in the format easiest to
understand and evaluate relative to the subfactors and elements assigned
for evaluation and assessment. Thought given to carefully structuring
these instructions will generally result in proposals that address what
the Government is most interested in relative to the work to be
performed. For example, if the evaluation will utilize SEB committees
or SEB panels, instructions for proposal preparation in the RFP's
Section L that direct offerors to group together information required by
such committees or panels will facilitate and accelerate the evaluation
process.
h. Where the procurement involves acquisition of a major system under
NMI 7100.14, ''Major System Acquisitions,'' and the evaluation is to
identify the most promising system design concept(s) to be selected for
further exploration, the evaluation should also address the benefits to
be derived by tradeoffs, where feasible, among technical performance,
acquisition cost, ownership cost, and time to develop and procure.
a. Numerical weights shall be used for evaluating the Mission
Suitability factor for competing offerors.
b. (1) Once the Mission Suitability subfactors are established, the
SEB will determine the weight assigned to each. Likewise, if elements
are established, the SEB will determine the weight, if any, assigned to
each. The proposed subfactors, elements, and weights will be presented
to the SSO or designee for approval. The weight assigned to each
subfactor and, if numerically scored, each element must reflect its
relative importance within the overall Mission Suitability factor. In
conjunction, an evaluation plan covering not only Mission Suitability
evaluation, but all evaluation factors (Mission Suitability, Cost,
Relevant Experience and Past Performance, and Other Considerations),
will be established by the SEB (see chapter 4). Mission Suitability
evaluation subfactors, elements, and their weights shall be established
and approved in advance of RFP issuance. The four factors and their
supporting subfactors and, if numerically scored, elements shall be
described in the RFP's Section M, ''Evaluation Factors for Award,'' and
the weights associated with the individual Mission Suitability
subfactors and elements shall be revealed in section M as well.
However, care should be taken to avoid the impression of a mathematical
evaluation devoid of judgment. The weights are intended to be used by
the SSO as a guideline.
(2) If all evaluation factors are considered by the SEB to be of
approximately equal importance, a statement to that effect shall be
included in the RFP. However, if there is a difference in the level of
importance among the factors, then a statement shall be included in the
RFP to advise the offerors of the relative importance of the factors.
In this regard, one example of a statement that might be appropriate,
depending on the nature of the requirements, type of contract, and
objectives of the acquisition, is as follows:
''Of the four evaluation factors identified above, Mission
Suitability and Cost are most important, and, as related to each other,
are approximately equal in importance. The Relevant Experience and Past
Performance factor is of somewhat less importance than either Mission
Suitability or Cost, and the Other Considerations factor is of
considerably less importance than Relevant Experience and Past
Performance.
The subfactors to be used in evaluating Mission Suitability and their
corresponding weights are listed below in descending order of
importance:
Understanding of the Requirement (40 percent)
Excellence of Proposed Design (30 percent)
Management Plan (15 percent)
Key Personnel (10 percent)
Corporate or Company Resources (5 percent)
The numerical weights assigned to the five subfactors identified
above are indicative of the relative importance of those evaluation
areas. The weights will be utilized only as a guide.''
1. Before issuing a solicitation, the contracting officer and
technical personnel shall (when it is feasible to do so) develop a
Government cost estimate for the planned acquisition. Estimates can
range from simple budgetary estimates to complex estimates based on
inspection of the product itself and review of such items as drawings,
specifications, and prior data. The SEB is tasked with the
responsibility to ensure that the Government cost estimate properly
reflects the effort to which the RFP applies.
2. In the Cost factor evaluation, the SEB shall analyze the proposed
costs or prices of all offerors. The SEB may use any and all tools
available in performing these analyses including information in the
Armed Services Pricing Manual (ASPM). However, the required depth of
the analysis is subject to the criteria in FAR 15.804. The SEB shall
advise the SSO concerning --
a. The costs or prices as proposed by all offerors, including those
not within the competitive range;
b. The comparison of costs proposed by all offerors, with the
independent Government cost estimate, when feasible;
c. The realism of costs proposed by all offerors determined to be
within the competitive range. Cost realism is a review of the proposal
to determine if the overall costs proposed are realistic for the work to
be performed, if the costs reflect an offeror's understanding of the
requirements, and if the costs are consistent with the various elements
of the technical proposal. This type of analysis will be used in the
Cost area and Mission Suitability or other technical areas;
d. The probable cost to the Government of, at a minimum, each
proposal within the competitive range. If it appears to the SEB that
any offeror's approach(es) or plan(s) for accomplishing the proposed
work will require modification in order to be acceptable to the
Government, the SEB shall identify and assess the modification required,
determine the probable cost of such modification, and include that
probable cost assessment in its report to the SSO;
e. The differences in business methods, operating procedures, and
practices as they impact cost; and
f. Its level of confidence in the probable cost assessments as they
pertain to each fully evaluated proposal.
3. The probable cost should reflect the SEB's best estimate of the
cost of any contract which might result from that offeror's proposal,
including any recommended additions or reductions in personnel,
equipment, or materials. To the extent that the recommended additions
or reductions reflect a lack of understanding of the requirements of the
RFP, that lack of understanding should be reflected in the scoring of
the Mission Suitability factor, subfactors, and elements.
4. A well-defined statement of work reflecting clear, concise work
breakdown structures is of great value in obtaining well-structured
proposals and in allowing the SEB to understand and assess proposed
costs.
5. All cost categories and amounts present in an offeror's cost
proposal (including options) are to be analyzed by the SEB and reported
to the SSO. In the event SEB members have different opinions as to the
cost analyses and assessments of probable costs, these differing
opinions should be reported to the SSO to aid in forming an opinion
regarding the confidence to be attributed to the analyses and
assessments.
This factor indicates the relevant quantitative and qualitative
aspects of each offeror's record of performing services or delivering
products similar in size, content, and complexity to the requirements of
the instant procurement.
a. The performance risks which must be assessed are those associated
with cost, schedule, and performance or technical aspects of the
program. These risks are those which arise as a result of the offeror's
past or current experience with similar types of efforts.
b. Data on the offeror's performance (including that of major
subcontractors or teaming contractors) will be obtained from a variety
of sources. Information on programs and contracts is available from the
Contractor Performance Summary (CPS) report system from the center CPS
focal point. (If the information received from the CPS focal point is
more than six months old, it is recommended that follow-up with the
contracting officer be initiated to ensure that significant changes have
not occurred.) Information on programs and contracts outside the CPS
system and information on contractors not within the CPS data base may
be obtained from questionnaires or interviews, or other past performance
assessment systems established by contracting activities outside the
agency. Questionnaires or interviews should be tailored to focus on
information that demonstrates performance related to each evaluation
factor or subfactor.
c. Performance data collection is not limited solely to the proposing
prime contractor division. Corporate-wide data should be reviewed to
determine if any corporate-wide trends are relevant to the source
selection. If other divisions, corporate management, critical
subcontractors, or teaming contractors perform a critical element or
significantly influence the proposed effort, their performance record
should be evaluated and the risk relative to the appropriate evaluation
factor or subfactor should be assessed. All performance risk
assessments that include such diverse data must separately identify and
document the data.
d. Each performance evaluation and risk assessment will consider the
number and severity of problems, the effectiveness of corrective actions
taken, and the overall work record. The assessment of performance risk
is not intended to be a simple arithmetic function of an offeror's
performance on a list of contracts; but rather the information deemed
most relevant and significant will receive the greatest consideration.
2. This factor addresses evaluation of overall relevant experience
and past performance for the company, not the experience and past
performance of individuals involved with contract performance; the
latter are to be evaluated under key personnel within the Mission
Suitability factor.
3. Relevant experience reflects the accomplishment of work by an
offeror that is comparable to or related to the work or effort required
under the instant procurement. Programs or projects of comparable
magnitude that include technical, cost, schedule, and management
constraints similar to those expected to be encountered in the instant
procurement are clearly relevant.
4. Past performance is especially important; how well the offeror
performed on similar work may be a significant indicator of performance
on the job at hand. Many organizations exhibit characteristics that
persist over time -- for example, the ability to move projects out of
the research environment and to translate research findings into
practical, results-oriented hardware; difficulty in transitioning
conceptual efforts into soundly engineered ''hardcopy'' plans which can
be produced economically; resiliency in the face of trouble;
resourcefulness; management determination that the organization live up
to its commitments; and skill in development of key people. It is
essential to develop such an indicator independent of the offeror's
proposal. It is the responsibility of the SEB to collect and document
information on the past performance of, at a minimum, all offerors
within the competitive range. The SEB should personally contact program
or project managers within NASA or other Government agencies in a
position to have responsibly observed performance of the offerors as
either a prime or major subcontractor and obtain their views concerning
the quality of the work the offeror did (or is doing) on comparable
jobs. In the event a substantially unfavorable response is received
which, in the opinion of the SEB will be of special significance to the
SSO, the offeror in question will be provided an opportunity during
written and/or oral discussions (see chapter 4) to clarify that
response.
5. The SEB is responsible for collecting and developing relevant
experience and past performance information, identifying the source, and
presenting it to the SSO. While the clearly relevant experience or past
performance is of prime importance, other experience or past performance
determined by the SEB to be significant or to be indicative of company
experience or past performance should be noted and brought to the
attention of the SSO. All pertinent information, including project
manager assessments and offeror responses, will be:
a. Made part of the SEB's records,
b. Contained in the SEB report, and
c. Presented to the SSO.
6. The Relevant Experience and Past Performance factor is not
numerically scored but is assigned an adjectival rating by the SEB.
7. This factor may be a significant consideration in the selection
process. Therefore, the basis of the evaluation must be thoroughly
identified and well documented. While objectivity is desirable,
reasonable judgments often have to be made in the evaluation process.
Subjectivity is not improper; an SEB should not hesitate to make
reasonable subjective evaluations of relevant experience and past
performance based upon as much factual data and experiential information
as can be reasonably accumulated.
1. This factor includes all considerations other than Mission
Suitability, Cost, and Relevant Experience and Past Performance that the
SSO will consider in making a final selection. Only Other
Considerations specifically identified in the RFP shall be considered by
the SSO in making a decision.
2. Following is a listing of Other Considerations that may be
appropriate to include in an RFP. Not all of the subfactors listed are
necessarily applicable to all procurements; nor is the listing intended
to be all inclusive or restrictive:
a. Financial condition and capability.
b. Corporate priority on the work being proposed, or importance of
the business to corporate management.
c. Labor-management relations.
d. Extent of proposed small and small disadvantaged business, and
women-owned small business enterprise participation in subcontracting
arrangements.
e. Geographic distribution of the work to be performed.
f. Acceptance of contract terms and conditions set forth in the RFP.
g. Quality and productivity improvement plan.
h. Any other subfactors pertinent to the particular procurement and
identified under the Other Considerations factor within the RFP.
3. Other Considerations shall be defined specifically in the RFP,
evaluated by the SEB, and reported to the SSO. Certain subfactors under
the Other Considerations factor, such as financial condition and
capability, may undergo change up to the moment of source selection.
4. Information regarding some of the Other Considerations is
generally available to an SEB in the form of preaward surveys, NASA
inspection reports, facility capability reports, purchasing system
surveys, audit reports, and equal employment opportunity surveys. The
SEB should make every reasonable effort to identify and use timely
existing reports before initiating original inquiries. While written
reports such as those mentioned in this paragraph may be significant,
they should not be exclusively relied upon by the SEB. In addition,
personal inquiries should be directed to Government managers likely to
be knowledgeable about the offeror's record in these areas.
Even after the SEB has made its formal report to the SSO, the SEB
shall have continuing responsibility to report to the SSO, until its
discharge, any circumstances that would change the SEB's evaluation
findings relative to any evaluation factor (Mission Suitability, Cost,
Relevant Experience and Past Performance, and Other Considerations) for
any offeror. It is not intended that, after its report, the SEB
actively pursue continuing evaluation. What is expected is that matters
related to any of the evaluation factors which come to the attention of
the SEB, and which might be expected to be pertinent to the selection
decision, will be communicated to the SSO.
This chapter describes procedural steps in preparing the SEB for its
work and outlines SEB activities for solicitation and evaluation of
proposals.
1. Official SEB activities commence upon receipt by the Chairperson
of the letter establishing the SEB and designating its members which
should be no later than approval of the procurement plan. However,
prior to official establishment of the SEB, the proposed SEB Chairperson
and members may hold meetings to accomplish such tasks as SEB member
orientation to proposed operational procedures, security measures that
will be utilized, and preliminary review of the proposed RFP.
2. Once the SEB is established, the SEB Chairperson shall ensure that
--
a. A management and staffing plan is prepared, indicating necessary
personnel and other resource requirements, including a time schedule for
SEB actions and events leading to presentation of findings to the SSO;
b. Each SEB voting member is furnished appropriate information
regarding the nature of the procurement in addition to a copy of their
designation letter, approved procurement plan, and the projected time
schedule;
c. Each SEB participant, voting and nonvoting, is cautioned
concerning restrictions on disclosure of information during the SEB
process, avoidance of conflicts of interest, and conformity with the
NASA Standards of Conduct. Each SEB participant, voting and nonvoting,
shall file a NASA Form 1270, ''Confidential Statement of Employment and
Financial Interests,'' in accordance with NHB 1900.1, ''Standards of
Conduct for NASA Employees.'' In addition, each SEB participant shall
sign an appropriate nondisclosure statement (a sample nondisclosure
statement is included in Appendix B). These documents shall be reviewed
by the Associate General Counsel for General Law or designee for
Headquarters employees or by the cognizant Field Installation Chief
Counsel or designee for field installation employees.
d. Letters are issued to all personnel involved in the SEB's
activities advising them of pertinent restrictions and prohibitions,
including a caution not to discuss any aspect of the procurement with
anyone not having a need-to-know. The right to information on a
need-to-know basis does not extend to the normal chain of supervision of
any member of the SEB or to any individual having technical
responsibility for the effort being evaluated except as specifically
approved by the SEB Chairperson on a case-by-case basis. Those
individuals will also be notified by the SEB Chairperson, in writing, of
the privileged character of proposal information;
e. The list of sources to be solicited is developed and approved by
the SEB with the assistance of the cognizant procurement and program or
project offices;
f. Whenever it is expected to be beneficial, a draft RFP or Statement
of Work is issued to prospective offerors for comment;
g. Prior to RFP issuance, the substance and the weight of evaluation
factors, subfactors, and elements, as well as the substance of any
applicable qualification standards, are presented to the SSO or designee
for approval;
h. The RFP is reviewed and approved by the SEB prior to issuance;
i. During the competitive phase of the procurement, every effort must
be made to assure fair and equitable treatment of all offerors (both
prospective and actual). Upon release of the formal RFP, the
Chairperson shall impose a communication blackout, in writing, by
directing all personnel associated with the procurement to refrain from
communicating with prospective offerors, formally or informally,
regarding any aspects of the procurement. All inquiries regarding the
procurement shall be referred to the contracting officer; and
j. Prior to receipt of proposals, the evaluation plan is reviewed and
approved by the SEB and cognizant management personnel. The evaluation
plan, once approved, must be impartially applied by the SEB to each
proposal.
1. The SEB evaluation plan consists of general and specific
evaluation guidelines (and qualification standards, where applicable)
established to assess each offeror's proposal relative to the evaluation
factors, subfactors, and elements set forth in the RFP. The evaluation
guidelines are designed to focus the evaluators' assessment. They are
not weighted and are not listed in the RFP. However, the substance of
the guidelines may be included in a narrative description of the
subfactors and elements. In addition, the plan includes the system used
in conducting the evaluation and scoring each offeror's proposal.
2. The SEB determines what evaluation factors, subfactors, and
elements to assign to the various committees and panels. While it is
necessary to give committees and panels all information required to
conduct an evaluation of their assigned area, it is not appropriate to
disclose to them the specific scoring system used by the SEB in scoring
proposals.
3. The detailed SEB evaluation plan to be used by the SEB,
committees, and panels should be approved before the RFP is issued but,
in any case, shall be approved before proposals are evaluated.
1. It is NASA policy to offer the opportunity to compete for its
procurements as broadly as is consistent with the nature of each
particular procurement. However, in view of the distinctive
characteristics of NASA programs, those potential offerors that do not
possess the minimum qualifications and resources necessary to perform
the proposed work of a given procurement should not be encouraged to
incur proposal and other expenses involved in competitive submissions.
2. To accomplish this objective without limiting meaningful
competition requires early and intense effort on the part of the SEB,
working in conjunction with the program and procurement staff most
familiar with the procurement requirements.
3. When the nature of the procurement requires, qualification
standards may be established in accordance with FAR 9.104-2. These will
consist of special experience, capability, or specialized facilities
critical to program performance aspects of the procurement.
4. In establishing qualification standards, care must be exercised to
restrict them to those essential to the successful completion of the
contract work. Qualification standards may be employed only where it is
possible for the SEB to establish standards which are justified by the
nature of the particular procurement. These standards must be applied
equally to all potential sources.
5. When developed by the SEB and approved by the SSO or designee,
qualification standards shall be clearly set forth in the RFP and
included in the Commerce Business Daily synopsis.
6. Approved qualification standards will be used by the SEB to screen
proposed source list(s) so that only firms possessing those unique
specialized facilities, capability, or experience deemed critical to
program performance aspects of the procurement will be solicited.
Notwithstanding the considerations that lead to the elimination of
sources from solicitation, any firm may submit a proposal. These same
qualification standards will be used to consider all sources who may
submit a proposal. This assures that the presolicitation consideration
of prospective contractor qualification standards does not act to
restrict competition, but only to discourage costly proposal submissions
from potential offerors to whom award would not appear likely and that
all offerors shall have an equal opportunity to compete. If an offeror
fails to meet the stated qualification standards, the proposal shall be
rejected, not considered further in the evaluation, and the offeror
informed of the basis of rejection.
1. Effectiveness of the evaluation is dependent, in large measure, on
how well the work to be performed and the basic ground rules under which
the competition will be conducted are described in the RFP.
Accordingly, the RFP shall be reviewed by the SEB and approved by
appropriate levels of management prior to issuance to ensure its
acceptability.
2. In reviewing the RFP, the SEB and appropriate management shall
ensure that the following matters pertinent to source evaluation and
selection are fully covered in the solicitation:
a. Any qualification standards shall be identified and described.
b. Evaluation factors shall be described, including a general
narrative explanation of their relative importance.
c. The Mission Suitability factor shall be described. Evaluation
subfactors shall be identified and described, including their numerical
weights. If deemed conducive to the evaluation process, elements of a
subfactor shall be identified and described, including their numerical
weights.
d. The Cost factor shall be described.
(1) When uncertainties involved in contract requirements necessitate
the use of a cost-type contract, offerors may be motivated to perform
within the proposed cost estimate through the inclusion of appropriate
cost incentive arrangements.
(2) Negotiated indirect cost rate ceilings shall be used only in
accordance with FAR 42.707.
e. The Relevant Experience and Past Performance factor shall be
described. The identification data and contact or customer references
required by NFS 1815.406-70(b)(6) for the conduct of this evaluation
shall be stated. Offerors should be cautioned that omissions or an
inaccurate or inadequate response to this evaluation category could have
a negative effect on overall evaluation. Offerors should also be
advised that, in addition to information they provide, the SEB will
consider all information available to NASA regarding the offeror's
relevant experience and past performance.
f. The Other Considerations factor shall be described.
g. The method of evaluation shall be explained clearly, but
concisely, so that prospective offerors understand the SEB's use and
treatment of the factors, subfactors, and elements.
h. When cost proposals are permitted to be submitted after technical
proposals, a notice shall be included in the RFP stating the required
date for each submission.
i. When applicable, a notice that a preproposal conference is to be
held shall be included, stating its purpose, time, place, and scope.
j. The Statement of Work shall describe as clearly and concisely as
possible the product or service to be procured. It shall be structured
to identify the important areas of emphasis. There must be no
inconsistencies between it and the evaluation factors, subfactors, and
elements to be used by the SEB and the SSO. Nonessential or unduly
restrictive requirements shall be eliminated.
k. Requirements for reports and data essential to contract evaluation
and performance shall be clearly described, including a cross reference
to the Statement of Work and a schedule for submission.
l. When the procurement involves a major system under NMI 7100.14,
the SEB will ensure that the RFP is prepared in terms of mission need so
each offeror can respond with an alternative system design concept
proposal to satisfy the mission need and can propose a technical
approach, design features, and alternatives to schedule, cost, and
capability goals consistent with that concept. In order to remove
inhibitions to innovative solutions and to improve the approach to
achieving program objectives, consideration should be given to
conducting orientation briefings for prospective offerors and, where
appropriate, solicit comments on a draft of the solicitation.
m. Any limitations on pages and the number of copies of offerors'
initial proposals shall be included. When imposing a firm page
limitation, the solicitation must clearly state that the evaluators will
read only up to the maximum number of pages specified. Pages in excess
of the maximum are to be removed from the proposal and not evaluated,
but retained as a part of the official contract file. Guidance on the
number of pages preferred in offerors' proposals may be used in lieu of
a firm page limitation.
3. The SSO may request a detailed review of the RFP beyond that of
the SEB and cognizant management personnel or may, more specifically,
request a detailed review of the Statement of Work, qualification
standards, evaluation factors, subfactors, elements, or other areas
pertinent to proposal preparation, evaluation, and source selection.
Specific reviewing officials or offices may be designated for this
purpose.
4. The RFP shall comply with all current regulations and directives
applicable to NASA solicitations; particular emphasis is placed on the
requirements of FAR 15.406 and NFS 1815.406.
5. When detailed program or project support plans will be required as
part of the offeror's proposal but are not considered important
discriminators in the evaluation process, the requirements for these
plans shall be described in separate appendices to the Statement of Work
in accordance with NFS 1815.406-70(a)(7).
6. When, either before or after receipt of proposals, the Government
modifies its requirements, the contracting officer is required to issue
a written amendment to the RFP in accordance with FAR 15.606.
1. A preproposal conference to brief prospective offerors may be
conducted after a solicitation has been issued but before proposals are
received, in accordance with FAR 15.409. The contracting officer, in
conjunction with the SEB, shall make a determination, prior to issuance
of the RFP, as to whether a preproposal conference is required.
Generally, these conferences benefit both the Government and prospective
offerors in complex acquisitions where it is necessary to explain or
clarify complicated specifications and requirements.
2. The conference shall be scheduled to permit prospective offerors
sufficient time after the issuance of the RFP to become familiar with
the RFP requirements yet not too late to allow meaningful use of the
information obtained at the conference.
3. The conference should include a presentation of the significant
aspects of the procurement followed by a question and answer session. A
record of all information provided at the conference, together with a
copy of all questions and answers, shall be provided to all prospective
offerors by formal written amendment to the solicitation. If it becomes
apparent at the conference that the RFP needs revision, the revised
requirements must be included in a written amendment.
1. Upon receipt of proposals, the contracting officer shall mark each
proposal with the date and time of receipt and forward all proposals to
the SEB Chairperson or the SEB Recorder for control and safeguarding
throughout the evaluation process.
2. Late proposals or modifications shall be handled in accordance
with FAR 15.412.
3. Procedure for Evaluation of a Single Proposal --
a. If only one proposal is received in response to the solicitation,
the contracting officer shall examine the situation to ascertain the
reasons for the single response. The contracting officer shall include
a written notation in the contract file describing the circumstances
surrounding the receipt of a single proposal as well as a determination
whether or not the solicitation was or was not flawed or unduly
restrictive, prior to releasing the proposal to the SEB for evaluation.
b. The SEB shall complete a limited preliminary evaluation to
determine that the single proposal submitted satisfies stated
qualification standards, if any, and is otherwise an acceptable proposal
(see subparagraph 406.5). Upon completion of this limited preliminary
evaluation, a letter shall be forwarded to the SSO presenting a summary
of the evaluation results.
c. The SSO shall as a result of reviewing the SEB summary, and the
contracting officer's examination of the facts and determination, notify
the SEB Chairperson that either --
(1) The SEB is instructed to proceed with preestablished SEB
procedures, including complete initial evaluation, oral and written
discussions, request and receipt of a Best and Final Offer (BAFO), and
final evaluation, culminating in a formal presentation to the SSO for
approval to enter into negotiations;
(2) The contracting officer is instructed to immediately enter into
negotiations resulting in a complete contract document, signed by the
offeror, to be signed by the contracting officer upon approval by the
SSO. Upon completion of the negotiations, the SEB shall present the
results to the SSO for approval; or
(3) The SEB Chairperson is granted full delegation of authority to
disband the SEB and to instruct the contracting officer to conduct
negotiations for contract award without further SSO involvement.
(4) The contracting officer is instructed to reject the single
proposal received and to cancel the solicitation.
d. These procedures are likewise applicable when the number of
proposals equals the number of awards contemplated or when only one
acceptable proposal is received as defined by subparagraph 406.5 of this
handbook.
4. Committee Evaluations --
a. The initial phase of evaluation generally will involve established
committees. As promptly as possible, committees are to be convened.
The SEB Chairperson shall transmit to the committees proposals or
portions of proposals to be evaluated, instructions regarding the
expected function of each committee, and all data considered necessary
or helpful. The committee chairperson is responsible for instructing
the members as to committee functions, responsibilities, and procedures.
b. While oral reports may be given to the SEB, the committee function
requires the submission of a written report which should include --
(1) Copies of individual worksheets and supporting comments to the
lowest level evaluated;
(2) An evaluation sheet summarized for the committee as a whole; and
(3) A statement for each proposal describing any strengths or
weaknesses which significantly affected the evaluation and stating any
reservations or concerns, together with supporting rationale, which the
committee or any of its members want to bring to the attention of the
SEB.
c. It is imperative that the SEB provide clear traceability
throughout the evaluation process. This traceability must exist at all
levels of the SEB process. All reports submitted by committees or
panels will be retained as part of the SEB records but need not
necessarily be included as part of the SEB report to the SSO. A
committee report should be included with necessary to the SSO's
understanding of the SEB's action.
d. Each voting SEB member shall thoroughly review each proposal.
Committee reports and findings shall be reviewed by the SEB. The SEB is
to consider the committee evaluation, take into account any reservations
or concerns stated by the SEB members and the committee, and rate or
score the proposals for each evaluation factor, subfactor, and element
according to its own collective judgment. SEB minutes shall reflect
this evaluation process which shall be consistent with the approved
evaluation plan.
5. Identification of Unacceptable Proposals --
a. The SEB may discontinue the evaluation of any proposal which is
unacceptable because --
(1) It does not represent a reasonable initial effort to address
itself to the essential requirements of the RFP or clearly demonstrates
that the offeror does not understand the requirements of the RFP;
(2) In research and development procurement, a substantial design
drawback is evident in the proposal, and sufficient correction or
improvement to consider the proposal acceptable would require virtually
an entirely new technical proposal; or
(3) It contains major technical or business deficiencies or omissions
or out-of-line costs which discussions with the offeror could not
reasonably be expected to cure.
b. Simple technical nonresponsiveness in the sense in which the term
is used in sealed bidding is not alone sufficient to constitute
unacceptability if the proposal is otherwise competitive and written
and/or oral discussions, or negotiations after selection, reasonably
offer the likelihood of resolution. When there is doubt as to whether a
proposal should be rejected initially as unacceptable, that doubt shall
be resolved by including it for further consideration.
c. The SEB must document its judgment that the deficiencies of any
proposal are sufficiently significant to warrant discontinuing
evaluation of the proposal at this point in the process.
6. SEB Findings --
a. Preparing the results of the initial evaluation in a narrative SEB
report is an important aspect of the evaluation process. The SEB should
be aware that the SEB report and presentation provide the principal
tools available to the SSO to perform a comparative analysis in making a
source selection decision. Guidelines for the report and presentation
are set forth in Chapter 5 and Appendix C. For each proposal, the SEB
should indicate in the narrative whether the proposal meets or fails to
meet any of the requirements of the RFP; all strengths and weaknesses
of the proposal and whether they are correctable; the proposed and
probable cost (normally required only for those offeror(s) in the
competitive range or those offeror(s) eliminated from competitive range
on the basis of cost); the technical, schedule, and cost risk
associated with the proposal; and the adjectival rating of the Relevant
Experience and Past Performance and Other Considerations evaluation
factors. Strengths and weaknesses must be further defined in the SEB
report as major or minor to provide a valuable summary of discriminators
among proposals in addition to supporting the adjectival ratings
assigned to each Mission Suitability subfactor and element by the SEB,
and for the Mission Suitability factor as a whole. In addition to the
narrative report of evaluation findings, the SEB will apply the Mission
Suitability scoring system detailed in the evaluation plan to rate each
proposal in relation to the Mission Suitability evaluation subfactors
and elements.
b. In structuring an applicable rating system, the following
adjective ratings, definitions, and percentile ranges shall be used for
the evaluation of Mission Suitability subfactors, and, if individually
weighted and scored, elements. (The total proposal should also be
classified with an appropriate adjectival rating for Mission
Suitability.)
c. Normally, proposals are to be rated using adjectival ratings on
two occasions as follows:
(1) Upon completion of the initial evaluation of proposals, and
(2) Upon completion of the final evaluation of the BAFO's.
Both ratings will be maintained by the SEB, included in the SEB
report, and presented to the SSO. There shall be clear traceability of
any scoring changes between initial and best and final proposals.
7. Determination of Competitive Range --
a. Subsequent to the initial identification of proposals considered
unacceptable, the SEB will compile initial evaluation findings, of all
remaining acceptable proposals, sufficient for determination of the
competitive range in accordance with FAR 15.609 and NFS
1815.613-71(b)(4). The competitive range shall be determined by the SEB
together with the contracting officer on the basis of Mission
Suitability, Cost, Relevant Experience and Past Performance, and Other
Considerations stated in the solicitation and shall include all
proposals that have a reasonable chance of being selected for award.
Competitive range determinations are final unless the SSO determines
otherwise.
b. The objective of a competitive range determination is not to
eliminate proposals but to facilitate competition by conducting written
and/or oral discussions with only those offerors who have a reasonable
chance of being selected for award. Where there is doubt as to whether
a proposal is or is not within the competitive range, the proposal
should be included within the competitive range. The determination of
competitive range is a complex determination based on informed judgment.
All competitive range decisions shall be completely and adequately
documented in the contract file in accordance with NFS
1815.613-71(b)(4).
8. Notification of Unsuccessful Offerors. The contracting officer
shall notify each unsuccessful offeror in accordance with FAR 15.1001(b)
at the earliest practicable time, in writing, that its proposal is no
longer to be considered for contract award.
a. Inspections at the plants of competing offerors could provide
valuable insight into the SEB's evaluation of proposals. For instance,
in procurements where significant experimental, research, developmental,
testing, fabrication, or other work is to be performed (the quality of
which may be affected by a contractor's plant or facilities), a complete
evaluation may require an on-site visit by the SEB. For other
procurements, e.g., support services contracts, plant inspections may
serve no useful purpose.
b. When plant inspections are conducted, the visiting team shall
include SEB members and any qualified experts required by the SEB. At
least one SEB member shall be the same on all team visits to provide
continuity and a basis for comparison. Visits are to be conducted,
generally, after the SEB's initial evaluation has been completed and for
a specific, clearly understood purpose. Visits shall be conducted only
with the approval of the SEB Chairperson, who will ensure that all
visits are made on an impartial basis. All personnel must remember that
only the contracting officer can commit NASA and that they must avoid
any contact with an offeror that is not essential or which could raise
questions of impropriety. A visit to all offerors within the
competitive range is advisable if plant inspections are being conducted.
c. Some potential benefits of plant visits are --
(1) Reviewing with resident Government personnel relevant experience
and past performance;
(2) Reviewing the degree of capability and interest of the offeror to
undertake the project in light of other work planned or in process; and
(3) Examining such matters as --
(a) Plant capacities;
(b) Management and technical capability of personnel;
(c) Availability of existing facilities, both Government-owned and
contractor-owned;
(d) Adequacy of accounting practices and cost controls;
(e) Adequacy of estimating systems; and
(f) Ability to forecast and meet program schedules.
a. Except as provided in FAR 15.610(a), the contracting officer shall
conduct written and/or oral discussions with all responsible offerors in
the competitive range. If, however, a decision is made in accordance
with FAR 15.610(a)(3) to award without conducting written and/or oral
discussions upon the completion of the initial evaluation, the SEB
Chairperson shall forward a letter to the SSO for approval presenting a
summary of the evaluation results. Upon SSO approval, the contracting
officer shall undertake to complete all actions necessary to award the
contract, without discussions or negotiations, to the offeror submitting
the lowest overall cost proposal.
b. Written and/or oral discussions shall be conducted in accordance
with FAR 15.610 (with the exception of FAR 15.610(c)(2)) and NFS
1815.613-71(b)(5). Preparation for written and/or oral discussions
should include, but not be limited to, the establishment of the
following:
(1) The time(s) and place(s) for conducting discussions. This
requires establishment of the order of discussions with offerors. When
feasible, the order should be established alphabetically or by lot.
When discussions are to be at offeror's plants or offices it may be that
geographic dispersion will be the deciding factor. The objective is
impartiality.
(2) Topics for discussion. This will include preparation and
issuance of written questions common to all offerors, as well as those
that are peculiar to individual offerors, allowing adequate time for
development of responses by offerors.
(3) The Government team that will conduct the discussions. The
contracting officer, together with the SEB Chairperson, will designate
appropriate procurement, pricing, and technical personnel for the
Government team in addition to identifying the individuals specified in
the offeror's proposal requested to be present for the discussions.
c. The contracting officer, together with or on behalf of the SEB,
will conduct written and/or oral discussions of the effort to be
accomplished and the cost or price of the effort with all offerors
determined to be within the competitive range. The discussions are
intended to assist the SEB --
(1) In understanding fully each offeror's proposal and its strengths
and weaknesses based upon the individual efforts of each offeror;
(2) In assuring that the intent and the points of emphasis of RFP
provisions have been adequately conveyed to the offerors so that all
offerors are competing equally on the basis intended by the Government;
(3) In evaluating the personnel proposed by each offeror; and
(4) In presenting a report to the SSO that makes the discriminators
identified among proposals clear and visible.
d. In cost-reimbursement type contracts and all research and
development contracts, the contracting officer shall point out instances
where the meaning of some aspect of a proposal is not clear and
instances in which some aspects of the proposal failed to include
substantiation for a proposed approach, solution, or cost estimate.
However, where the meaning of a proposal is clear and the SEB has
sufficient information to assess its validity and the proposal contains
a weakness that is inherent in an offeror's management, engineering, or
scientific judgment or which is the result of its own lack of competence
or inventiveness in preparing its proposal, the contracting officer
shall not point out the weaknesses. The possibility that such
discussions may lead an offeror to discover that it has a weakness is
not a reason for failing to inquire into a matter where the meaning is
not clear or where insufficient information is available, since
understanding of the meaning and validity of the proposed approaches,
solutions, and cost estimates is essential to a sound selection.
Offerors should not be informed of the relative strengths or weaknesses
of their proposals in relation to those of other offerors. To do so
would be contrary to regulations which prohibit the use of auction
techniques (see FAR 15.610(d)(3)). In the course of discussions,
Government participants should be careful not to transmit information
which could give leads to one offeror as to how its proposal may be
improved or which could reveal a competitor's ideas.
e. In fixed-price type contracts other than for research and
development, the specifications ordinarily describe the Government's
requirements with more particularity than is possible in cost
reimbursement or research and development contracting, so that less
emphasis is placed on an offeror's introduction of scientific,
engineering, and management innovations. The contracting officer, in
written and/or oral discussions, shall point out instances in which some
aspect of a proposal contains a weakness in relation to the Government's
requirements. However, the contracting officer shall neither point out
the relative strengths or weaknesses of a proposal in relation to those
of other offerors nor transmit information which could give leads to one
offeror as to how its proposal may be improved or which could reveal a
competitor's ideas. The contracting officer shall point out price
elements that do not appear to be justified and shall encourage offerors
to put forward their most favorable price proposals, but shall not
discuss, disclose, or compare price elements of any other offeror.
f. Although unusual, if the SEB and the contracting officer, after
conducting written and/or oral discussions, determine that a proposal no
longer has a reasonable chance of being selected for contract award, the
proposal can be eliminated from the competitive range in accordance with
FAR 15.609(b). The contracting officer shall notify the unsuccessful
offeror in writing that its proposal is no longer eligible for award.
g. If, after conclusion of written and/or oral discussions, the SEB
considers that the evaluation findings thus far completed are not
sufficiently comprehensive for the SSO to make a decision, it may be
prudent and necessary to conduct further discussions or final
negotiations with those offerors remaining in the competitive range
prior to presentation of the findings to the SSO. This course of action
must be considered as an exception to the SEB process and therefore may
be accomplished only with the approval of the Assistant Administrator
for Procurement.
a. The contracting officer will issue to all offerors still within
the competitive range a request for Best and Final Offers (BAFO's) in
accordance with FAR 15.611. Oral requests for BAFO's shall be confirmed
in writing.
b. A common cutoff date and time that allows each offeror a
reasonable opportunity to support and clarify its proposal through
submission of a written BAFO shall be established. An offeror may, on
its own initiative, revise its proposal and make corrections or
improvements until the established cutoff date.
c. Offerors should be cautioned to provide supporting documentation
for any changes to their prior offers. Any revision received after the
established common cutoff date must be considered late in accordance
with FAR 15.412.
d. The cutoff date must be such as to permit adequate time for all
offerors to submit revised proposals; particular care must be taken to
ensure that there is no compression of time for the offeror with whom
discussions were last held, i.e., if 2 weeks is adequate time for
submission, then the time allowed should be 2 weeks from the date of
last discussions.
a. After consideration of all committee reports, information received
from offerors through plant visits, written and/or oral discussions, and
BAFO's, the SEB shall conduct a final evaluation of proposals.
b. The final evaluation must build on the SEB's earlier recorded
findings. The purpose of the final evaluation is to determine the
effects, if any, of discussions and BAFO's on the SEB's earlier Mission
Suitability scores and adjectival ratings as well as on the initial
evaluation of Cost, Relevant Experience and Past Performance, and Other
Considerations. Therefore, a clear and logical audit trail shall be
maintained for the rationale for changes in ratings and scores,
including a detailed account of the SEB decisions leading to the final
ratings and scores.
c. The final evaluation must represent the collective judgment of the
SEB regarding its assessment of the offerors for each factor evaluated
including its assessment of the Mission Suitability subfactors,
elements, if any, and its associated ratings, scores, and findings. The
adjectival ratings and numerical scores shall reflect the strengths,
weaknesses, and discriminators the SEB finds in the proposals. In this
way, the reasons for differences in adjectival ratings, numerical
scores, and findings can readily be explained to and understood by the
SSO.
d. All significant SEB evaluation findings shall be fully documented
and incorporated into a written report which will serve as the basis for
the selection decision by the SSO.
This chapter describes the requirements for the written report and
oral presentation to the SSO.
1. The SEB shall prepare a written report of its findings, signed by
the Chairperson and all voting members of the SEB. It shall present its
written report and make an accompanying oral presentation to the SSO.
Guidelines for the written report and the oral presentation are set
forth in Appendix C.
a. When the Administrator is the SSO, a preliminary presentation
should be made to the Field Installation Director and to the
Official-in-Charge of the cognizant Headquarters Program Office. When
the Official-in-Charge of the cognizant Headquarters Program Office is
the SSO, a preliminary presentation should be made to the Field
Installation Director and the cognizant Headquarters Deputy
Program/Staff Associate Administrator or the official responsible for
the specific project. The dry run presentation is the same presentation
prepared for the SSO. Attendance at the dry run shall be restricted to
those personnel who are involved in the selection process or who have a
valid need-to-know. For Headquarters dry runs, an attendance list will
be issued by the SEB coordinator in the Office of Procurement (Code HS).
Admittance to the dry run will be restricted to those individuals whose
names appear on the attendance list. However changes proposed 24 hours
before the presentation will be considered. Persons not on the list
will not be admitted without the prior authorization of the SEB
coordinator. For field installation dry runs, the attendance list will
be prepared by a designee of the Procurement Officer.
b. The following personnel or designees should attend the
Headquarters dry run presentation:
(1) Cognizant program/staff officials.
(2) Official-in-Charge of the cognizant Headquarters Program Office
in those cases when the Administrator serves as the SSO.
(3) NASA Comptroller.
(4) Assistant Administrator for Procurement and/or Deputy Assistant
Administrator for Procurement.
(5) General Counsel and/or Associate General Counsel (Contracts).
(6) Associate Administrator for Safety, Reliability, Maintainability,
and Quality Assurance, when SRM&QA matters are involved.
(7) Field Installation Director.
(8) Field Installation Chief Counsel.
(9) Selected voting and nonvoting ex officio SEB members (no
designees).
(10) Field Installation Procurement Officer.
(11) Headquarters procurement personnel responsible for support to
the Headquarters cognizant Program/Staff Office.
(12) Other personnel as approved by the Official-in-Charge of the
cognizant Headquarters Program Office and the Office of Procurement
(Code HS).
c. The SEB Chairperson or designee is responsible for arranging and
coordinating the SEB dry run with the SEB coordinator. The SEB dry run
should take place far enough in advance of the presentation to the SSO
to allow for changes or revisions to the presentation material, if
necessary. The material used during the dry run presentation is
considered to be ''SEB Sensitive'' and should be treated accordingly.
Consequently, the SEB Chairperson is responsible for providing a
projectionist, who has been SEB cleared, to present the material for
both presentations.
d. The dry run presentation, as well as the presentation to the SSO,
will ordinarily be made by the SEB Chairperson; however, if another
official has been designated to make the final presentation to the SSO,
that person shall also make the dry run presentation. The SEB
presentation material shall be delivered to the SEB coordinator for
control and distribution no later than 7 working days before the
scheduled dry run presentation date. The SEB presentation material
includes 10 copies of the SEB report and charts.
a. The SEB shall present its evaluation findings to the SSO as the
basis for a sound selection decision. This formal presentation should
be attended by the same personnel or designees in attendance at the dry
run, with the exception of the inclusion of the SSO at the formal
presentation. Continuity of attendees assures a more efficient formal
presentation in addition to limiting access to SEB sensitive data.
b. The cognizant procurement analyst in the Procurement Operations
Division (Code HS) will function as the SEB coordinator and will perform
coordination functions for the formal presentation when the
Administrator or the Official-in-Charge of the cognizant Headquarters
Program Office serves as the SSO. These functions include arranging the
time and place of the presentation; assuring, with the concurrence of
the appropriate personnel in the Office of the Administrator, proper
attendance; and distributing SEB reports and graphic material.
4. The designated individuals to whom the SEB presentation(s) (dry
run and final) are made will be responsible for ensuring that --
a. The requirements of this handbook and all applicable agency
policies have been complied with in the solicitation and evaluation
processes;
b. The written report and presentation accurately convey SEB
activities and findings;
c. The oral presentation is arranged and conducted in a professional
manner; it is complete and informative; and it can be concisely
presented within the time allocated by the SSO; and
d. No changes (1) to established evaluation factors, subfactors,
elements, weights, or scoring systems or (2) in the substance of the
SEB's findings shall be made. They may, however, direct the SEB to
reconvene to rectify procedural omissions, irregularities or
inconsistencies, substantiate its findings, or revise the organization
of the written report and/or the method of presentation.
5. All copies of the SEB reports and presentation material contain
sensitive business information in addition to ''SEB Sensitive'' data and
shall be adequately safeguarded throughout the source selection process.
Physical safeguarding of sensitive data includes, but is not limited to
--
a. Controlling the number of copies of proposals and SEB reports;
b. Restricting access to SEB work areas;
c. Securing SEB material under locked conditions or in vaults;
d. Minimizing SEB presentations other than the dry run and formal
presentations; and
e. Limiting attendees at SEB presentations.
This chapter provides guidelines relating to the source selection
decision, notice and debriefing for unsuccessful offerors, source
selection statement, and multiple selection decisions.
1. The SSO shall use the evaluation factors, subfactors, and elements
set forth in the solicitation to make the source selection decision.
The SSO shall consider the SEB findings and the advice provided by
cognizant line and staff management at the conclusion of the SEB
presentation in determining which of the proposals submitted in response
to the solicitation would prove most advantageous to the Government, all
factors considered.
2. In accordance with NASA policy and FAR 15.613, upon source
selection by the SSO, the contracting officer will proceed with
negotiations leading to award of contract(s).
1. a. When a proposal is no longer to be considered for contract
award, the offeror will be promptly notified by the contracting officer,
in writing, together, with a general, brief explanation of the major
reasons in accordance with FAR 15.1001 and NFS 1815.613-71(b)(7). There
are, generally, five points in the SEB process when it may be determined
that a proposal is no longer to be considered for contract award:
(1) After determination that stated qualification standards, if any,
have not been satisfactorily met.
(2) After identification of an unacceptable proposal in accordance
with paragraph 406.5 of this handbook.
(3) After determination of the competitive range resulting from the
initial evaluation of proposals.
(4) After written and/or oral discussions resulting in a
determination that a proposal does not stand a reasonable chance of
being selected for award.
(5) After the selection decision by the Source Selection Official.
b. In the first four instances, the notice shall state that a
revision of the proposal will not be considered. Post-selection notices
shall be issued in accordance with FAR 15.1001(c) and 15.1002.
2. If any offeror requests a debriefing in writing, the offeror shall
be formally debriefed and furnished the basis for the selection decision
after the final source selection decision by the SSO. This debriefing
should normally take place prior to contract award and be conducted in
accordance with NMI 5103.1, ''Debriefing of Unsuccessful Companies in
Competitive Negotiated Procurements.'' If the situation will not permit
delaying the award in order to debrief unsuccessful offerors, the
debriefing may be conducted after award.
1. When the final source selection decision has been made by the SSO,
a Source Selection Statement shall be prepared for the SSO's signature
in a manner releasable to the competing offerors and the general public,
if requested. When the Administrator or an Official-in-Charge of a
Headquarters Program Office is the SSO, the Statement will be prepared
by the Office of General Counsel. Source Selection Statements prepared
at the field installation should be drafted by the Field Installation
Chief Counsel or designee.
2. Source Selection Statements must describe the procurement; the
SEB evaluation procedures; the substance of the Mission Suitability
evaluation; evaluation of the Cost factor, Relevant Experience and Past
Performance factor, and Other Considerations factor involved in reaching
the selection decision. There should be coverage of unacceptable
proposals, the competitive range determination, late proposals, or any
other pertinent considerations applicable to the specific decision. It
must be stressed that nothing can substitute for the use of good
judgment. The Source Selection Statement must be self-sufficient and
must reveal sound rationale for the selection clearly and succinctly,
without revealing the scores involved, the proposed prices, or any other
confidential business information.
3. Source Selection Statements shall be signed as soon as practicable
after the final selection is made. The SSO may desire to have one or
more key officials who participated in the selection decision concur on
the Source Selection Statement prior to final signature.
4. As indicated in paragraph 1, Source Selection Statements generally
may be released to competing offerors and the general public; however,
it is anticipated that the Statement will not always be available in
final form or signed by the Source Selection Official at the time of
debriefing of unsuccessful offerors. A draft of the decision portion of
the Statement that has been reviewed by the SSO or a concurring official
should be available to the designated Debriefing Official for guidance
at the debriefing. In order to avoid any misunderstanding, the Source
Selection Statement rationale contained in the draft Statement should
have the approval of the SSO or a concurring official prior to any
debriefing(s). This will enable NASA to demonstrate, for the record,
that the SSO's selection rationale was not modified substantially
(editorial changes can be made) as a result of the debriefings. If
requested by an offeror a copy of the final Source Selection Statement
will be furnished to the offeror when it is signed by the SSO, subject
to the provisions of paragraph 5.
5. a. Under some situations, multiple selections are made for the
purpose of permitting a design or other competition to continue until a
final selection is made for a single contractor to undertake full-scale
development. Stating the strengths and weaknesses in the Source
Selection Statement in these cases may result in the premature
disclosure of innovative concepts, designs, and approaches. Release of
these Selection Statements to competing offerors or the general public
prior to final selection of concept(s) or contractor(s) for full-scale
development could compromise the integrity of the competition by making
possible a transfusion of ideas which could also inhibit offerors during
the early phase from offering their best and most promising ideas for
meeting the mission need.
b. Accordingly, unless prior approval is obtained through the
Headquarters Procurement Operations Division (Code HS) with the
concurrence of the Office of General Counsel, Source Selection
Statements for the selection of alternative system design concepts
subject to NMI 7100.14, ''Major System Acquisitions,'' are not to be
released to competing offerors or the general public, if requested,
prior to the release of the Source Selection Statement for full-scale
development.
c. A similar problem may occur in other procurements where
competition continues but is not covered under NMI 7100.14, ''Major
System Acquisitions.'' When possible, care should be taken to set forth
the strengths and weaknesses and other information in a manner that will
avoid this problem. However, if this is not feasible, the Statement
should not be released except in accordance with the procedures of the
Freedom of Information Act, 5 U.S.C. 552.
1. While SEB procedures contemplate that the SSO will be in a
position to select a single source for final contract negotiations
subsequent to the SEB presentation, a variety of considerations may lead
the SSO to direct that contract negotiations be conducted with two or
more offerors. Such negotiations are to result in complete contract
documents signed by the offerors which may be accepted by the agency
upon final selection of the successful offeror by the SSO.
2. The SEB shall consult with the SSO, the contracting officer, and
the negotiating team regarding negotiation positions, objectives, and
information to be obtained during negotiations to assist the SEB in
making its final evaluation and report after the negotiations. The
objectives of negotiations are essentially the same as those where a
single offeror has been selected for final contract negotiation and
award; each offeror's correctable weaknesses should be pointed out and
corrected during negotiations, using whatever technical and other
information is known and which the Government has the right to use.
Similarly, negotiations should be conducted to result in a fair and
reasonable cost or price. Particular attention shall be given to any
instructions which the SSO may have given when he/she directed the
multiple contract negotiations.
3. The final contract negotiation process differs from the written
and oral discussions previously held with offerors in the competitive
range. Discussions have the specific function of obtaining information
for evaluation and selection purposes, while the final contract
negotiations have the additional function of presenting that information
in contractually binding form. For this reason, it is essential that
each offeror be brought to the most favorable terms that the negotiation
process can produce, including technical and scientific approaches,
management arrangements, and estimated costs (or fixed prices where
applicable). The prohibition against auction techniques in FAR
15.610(d)(3) is equally applicable to these negotiations.
4. Upon completion of the negotiations and agreement on contract
terms, the SEB shall conduct a final evaluation, focusing on a
comparative analysis of the contracts negotiated, their relative
strengths and remaining weaknesses, their estimated costs and
fee(s)/prices and probable costs, and any other factors that might
influence the selection. The evaluation must build on the SEB's earlier
report and presentation to the SSO which resulted in the decision to
have multiple contract negotiations conducted. The evaluation is to
determine the effects, if any, of the contract negotiations on the SEB's
earlier final Mission Suitability scores as well as on evaluation of
Cost, Relevant Experience and Past Performance, and Other
Considerations; however, an arithmetic rescoring is not to be
accomplished. A summary of the results of the evaluation shall be
prepared for presentation to the SSO including any changes in the SEB's
assessment of each proposal. The revisions may be expressed in a
narrative analysis including an appropriate adjectival rating.
5. a. Upon completing its evaluation of the results of contract
negotiations, the SEB shall report its findings to the SSO. This is to
be accomplished by oral presentation and supplemental written report.
When the Administrator is serving as the SSO, this should be preceded by
preliminary presentations to the Field Installation Director and to the
Official-in-Charge of the cognizant Headquarters Program Office.
b. The report and presentation shall include the following:
(1) A summary review of the previous report and presentation.
(2) A brief discussion of significant weaknesses and strengths of the
companies involved, as reported and presented in the previous report and
presentation, with emphasis on key dis-criminators, if any.
(3) A discussion of how any instructions given by the Source
Selection Official were carried out.
(4) The results of the negotiation, and the impact, if any, on the
SEB's findings and conclusions in the previous report, including Mission
Suitability, Cost, Relevant Experience and Past Performance, and Other
Considerations, as appropriate.
(5) Discussions of any matters or areas of substance that arose
during the negotiations and that were not present in the proposals or
the earlier oral and/or written discussions or BAFO's.
6. The contracting officer should be present and should participate,
as appropriate, in the presentation to the SSO. The contracting officer
or designee will bring to the presentation copies of the contracts
signed by the offerors.
TO:
FROM:
SUBJECT: Source Evaluation Board (SEB) for XXXX
Pursuant to Chapter 2 of the NASA Source Evaluation Board Handbook
(NHB 5103.6), I hereby designate the following individuals to serve as
members of the SEB for the purpose of evaluating proposals received in
response to the solicitation for XXXXXX:
Name of individual, functional title, and organizational assignment.
Names of individuals, functional titles, and organizational
assignments.
Name, functional title, and organizational assignment.
Name, functional title, and organizational assignment.
The SEB will conduct its business in strict accordance with the
provisions of the SEB handbook. The SEB Chairperson is responsible for
determining that each SEB member (both voting and nonvoting) is fully
conversant with the instructions contained in the handbook. SEB duties
will take precedence over other regular duties of the SEB members.
Attention of the SEB Chairperson and each SEB member is particularly
directed to Chapter 2 of the SEB handbook which describes the roles of
key participants in the SEB process, including cognizant line and staff
management, the SEB, and the Source Selection Official (SSO). The
importance of the SEB function to agency programs necessitates continual
management involvement throughout the evaluation and selection process.
It is emphasized that the SEB report and presentation are the
principal tools available to the SSO to perform a comparative analysis
for making the final source selection decision and must be presented in
sufficient depth to permit the intelligent weighing of alternatives.
All proposals will be evaluated and reported in accordance with the SEB
handbook. The SEB's written findings will give no consideration to
elements which are extraneous to the objectives of this procurement.
Attention of the SEB Chairperson and the SEB is further directed to
FAR 15.612(e) and Chapter 2 of the SEB handbook which prohibit the
disclosure of information to anyone who is not also participating in the
same evaluation proceedings. After receipt of proposals, all
information contained in the proposals submitted for evaluation will be
protected and will be made available only to the members (voting and
nonvoting) of the SEB and to properly designated committees and panels
on a need-to-know basis. The right to information on a need-to-know
basis does not extend to the normal chain of supervision of any member
of the SEB or to any individual having technical responsibility for the
effort being evaluated except as specifically approved by the SEB
Chairperson on a case-by-case basis. Individuals so designated by the
SEB Chairperson will be notified, in writing, of the privileged
character of proposal information.
--
Signature of Designating Date Official
--
Date
1. I, the undersigned, a participant in the Source Evaluation Board
(SEB) proceedings for the competition of the XXXXXXXX contract, certify
that I will not discuss or reveal any information concerning these SEB
proceedings to anyone who is not also participating in the same SEB
proceedings, and then only to the extent that such information is
required in connection with such proceedings on a need-to-know basis.
2. I further agree that at any time I discover that I have an
interest in, or connection with, a company submitting a proposal for
evaluation by the Board or advisory committee on which I serve, I shall
promptly report, in writing, the fact of my interest or connection, and
the nature of it, to the person who has appointed me to the Board or
advisory committee, through the SEB Chairperson. I recognize that a
reportable interest or connection includes the following:
a. Ownership of a company's securities by myself or my spouse.
b. A close family relationship to an official of a company submitting
a proposal or participating as a subcontractor.
c. Any other interest in or connection with a company which might
tend to subject NASA to criticism on the basis that such interest or
connection would impair my objectivity in participating on the Board or
advisory committee of which I am a member.
3. I further certify that I have read and understand NHB 1900.1,
''Standards of Conduct for NASA Employees.''
4. In addition, I fully realize that any breach by me of my
obligation to safeguard and not disclose to unauthorized persons any
information made available to me concerning the evaluation may result in
appropriate disciplinary action, provided for by law or regulation,
being taken against me by duly constituted authority.
--
Signature Date
--
Date
A. In preparing the SEB report and presentation, emphasis should be
placed on substance. This Appendix C provides guidance on content and
format of the SEB report and the oral presentation to the SSO. This
guidance is designed to be appropriate for most procurements. If a
specific procurement has peculiarities which cause the proposed format
to be impractical, the SEB Chairperson may alter it in any manner that
does not detract from the substance.
B. The findings of the SEB are presented in two parts, the written
SEB report and an oral presentation. This Appendix sets forth the
minimum requirements. The detail and use of additional schedules or
other information are, of course, governed by the nature and scope of
the subject being presented.
C. The SEB shall approve the written report and the graphic material
to be used for the accompanying oral presentation. Viewgraph
presentations are appropriate where the nature of the presentation
permits. Copies of visual aids to be utilized for the oral presentation
should be separately bound in a folder identified as ''Briefing Charts''
to accompany the written report.
D. A ''Glossary of Terms'' should be included in the SEB Report when
appropriate to define acronyms or abbreviations.
E. Copies of the SEB report and related briefing charts shall be
serially numbered and controlled by the Recorder and may be distributed
or disclosed only to persons having responsibilities relating to the
specific source evaluation proceeding involved, except as may otherwise
be approved by the Administrator or designee.
1. Procurement Description. Provide a narrative description of the
technical requirement being procured together with its scientific
objectives. Explain any follow-on effort which has been planned or for
which program approval will be requested. Describe the relationship
with other efforts in process or planned. Explain any particular
technical complexities which had an important effect on the solicitation
or the evaluation of proposals. Include a table of contents in the
report.
2. Funding. State the funding applicable to the effort including:
a. The Government estimate for the procurement, if feasible.
b. The estimated amount to be obligated under the basic contract.
c. The estimated amount to be obligated under each priced option.
d. The estimated cost of any follow-on effort to be procured under
separate contract, e.g., subsequent phases.
3. Procurement Approach. a. State the date that the applicable
procurement plan was approved.
b. Discuss any special procurement considerations which applied to
the procurement being evaluated, e.g., the use of phased procurements.
c. Explain how the use of the type of contract approved in the
procurement plan will advance NASA objectives; give reasons and
rationale for the selection of contract type, including the
applicability or inapplicability of the various incentive concepts
(award fee, cost, performance, schedule, and multiple).
1. SEB Roster. Include the SEB designation letter and any changes to
it. As a supplement, provide the names, functional titles, and
organizational assignments of the chairpersons of any committees and
panels used by the SEB.
2. Chronology. Provide a chronology of major events connected with
the source evaluation, such as:
a. The date(s) the source list and the Statement of Work were
received for consideration by the SEB.
b. The dates the evaluation factors, subfactors, elements, and their
definitions for incorporation into the solicitation, the relative
weights of factors and the qualification standards, if applicable, were
approved.
c. The date(s) the SEB with the assistance of the cognizant
procurement and program or project offices approved the source list and
the RFP.
d. The date the RFP was issued.
e. The date and place of any preproposal conference.
f. The date(s) of any RFP amendment(s).
g. The due date for receipt of proposals.
h. The date(s) and disposition of any late proposal(s) received.
i. The date the SEB was convened for proposal evaluation.
j. The date of the competitive range determination.
k. The dates and places of discussions with each offeror in the
competitive range.
l. The date the request for BAFO's was issued.
m. The common cutoff date for conclusion of discussions and receipt
of BAFO's.
n. The date the SEB completed its findings.
o. The date of the presentation to the SSO.
3. Sources. Provide a composite list, in alphabetical order, of all
sources solicited and sources submitting proposals by company name and
address. The list should be footnoted to explain any code used.
Include a list of team members and subcontractors for those companies
that submitted proposals.
1. Factors, Subfactors, Elements, and Weights -- a. Qualification
Standards. State any specific qualification standards included in the
RFP, and explain why each was necessary.
b. Evaluation Factors, Subfactors, and Elements. State the
evaluation factors used in the evaluation and their relative order of
importance. State the Mission Suitability subfactors and elements, if
any, their definitions, and the weights assigned to each. Explain the
rationale for the proportionate weights assigned to each subfactor and
element, if any, set forth relevant excerpts from the RFP which describe
the evaluation factors, subfactors, and elements, if any, and their
relative importance.
2. Evaluation Process -- a. Discuss assignments made to committees
and panels. Identify the factors, subfactors, and/or elements assigned
for review and the rationale for assignment. Include any individual
committee report necessary to understand the SEB results.
b. Discuss the adjective rating and numerical scoring methods and
techniques used by the SEB.
c. Discuss the procedure used for the determination of the
competitive range.
d. Describe the steps taken in verifying the offeror's relevant
experience, past performance, and current capabilities, e.g., plant
visits, customer checks, and audit reports.
e. Provide a summary of written questions common to all offerors and
specific written questions addressed to particular offerors.
f. State the common cutoff date for conclusion of discussions and
receipt of BAFO's.
g. Include an exposition of the SEB proceedings that is sufficient to
verify proper procedures were followed and sufficient to bring out any
procedural irregularities that might exist. Procedural problem areas,
if any, are to be covered specifically.
h. Include copies of all letters addressed to or from the SEB
regarding the SEB proceedings.
3. Initial Evaluation Findings -- a. Summary Schedules. Provide the
following schedules:
(1) A single schedule listing all proposals in descending order of
scores received for Mission Suitability stating the assigned score for
each subfactor and weighted element. Each proposal should also be
classified with the appropriate adjectival rating which indicates the
SEB's composite appraisal of the Mission Suitability evaluation. In
addition, the appropriate summary or adjectival rating for Cost,
Relevant Experience and Past Performance, and Other Considerations
should be included as a part of this schedule.
(2) Provide summary charts of what the SEB considers to be the
significant discriminators.
b. Statement of Findings. (1) Discuss briefly each proposal
determined to be unacceptable and the rationale for the decision.
(2) Discuss each acceptable proposal in descending order of Mission
Suitability scores. Include each offeror's estimated cost or price
providing a breakdown by element (labor, material, subcontracts,
overhead, G&A, and fee); provide the SEB's analysis and evaluation of
the adequacy (for all offerors, including those not within the
competitive range), realism (for all offerors determined to be within
the competitive range), and most probable cost (for at a minimum, each
proposal within the competitive range) of each respective cost proposal.
Discuss the SEB's evaluation of Relevant Experience and Past
Performance and Other Considerations. Include a discussion of the
following considerations:
(a) Evaluation of the proposal as related to each factor, subfactor
and element and to the approved evaluation plan in sufficient detail to
permit examination of the findings of each evaluation phase and to trace
discriminators to the final results. Where changes in rating or scoring
have occurred during the process, a logical visible thread of the
rationale for such changes in rating or scoring should be provided.
(b) Provide a discussion of the major and minor strengths and
weaknesses of the proposal with an estimate of the potential for
correction of weaknesses identified. Clearly list the strengths and
weaknesses and identify them as major or minor, in addition to the
narrative, to provide clear traceability throughout the evaluation
process.
(c) Provide an analysis of key personnel.
(d) Discuss significant changes in the proposal, including the
elimination of any correctable weaknesses, that would have to be
negotiated after selection with a discussion of the negotiation cost
objectives associated with those changes.
(e) Discuss the evaluation of the Cost factor, including the effects
of the proposed cost on the technical and management effort.
(f) Provide a best estimate of the probable cost of performance, if
selected, together with an indication of the confidence in the SEB's
estimate.
(g) Provide any information or analysis that would be helpful to the
SSO in determining the impact of cost in making a selection decision.
(h) Provide information to reflect the offeror's financial capability
to perform the contract effort. A listing of possible information
includes:
(i) Complete name and location of the organizational element
proposing the effort.
(ii) Complete name and location of the parent corporation, if any.
(iii) Place or places of performance of the proposed effort.
(iv) Recent history of sales (of the particular division or entity
involved), by customer, including industry and Government customers.
(v) Sales projections, by customer, for the period involved in the
procurement.
(vi) Recent history of earnings of the division or entity involved in
the procurement, if available.
(i) Present a brief analysis of the fee arrangement including any
incentive arrangements proposed, e.g., how the rewards would be earned
or lost, the benefit to NASA, and any changes to be sought in
negotiations (target minimum or maximum fee levels, sharing formula, or
ceiling) which will improve the coverage of the incentive toward the
attainment of the NASA objectives. Indicate whether, and for what
reason, any offeror took exception to or suggested an alternative to the
arrangement contemplated in the RFP. Provide an analysis of the
importance the SEB attaches to such an exception or alternative.
(j) Provide detailed information on Relevant Experience and Past
Performance. Provide information on the offeror's response to the RFP
requirements for data in this category, the evaluation of the data by
the SEB, the sources or references contacted, etc.; summarize
conclusions and highlight significant accomplishments or failures.
Provide the rationale for the adjectival rating of the SEB.
(k) Discuss the evaluation of Other Considerations and the rationale
for the adjectival assessment of each subfactor under this factor.
4. Competitive Range Determination. Discuss the competitive range
determination and the rationale for the decision, summarizing the
evaluation findings that provided the basis for the decision.
5. Written and/or Oral Discussions. a. Summarize the content of the
written and/or oral discussions, the personnel included in the proposal
who were invited to participate, and the list of attendees, including
both Government and offeror personnel.
b. Discuss the time allotted for receipt of BAFO's and each proposal
revision received.
6. Final Evaluation Findings. Summarize the BAFO revisions and
provide a discussion of the evaluation of the revised proposals and any
resultant changes in rating or scoring. Provide the rationale for any
changes. Clearly identify from the previous list of major and minor
strengths and weaknesses any revisions, additions, and/or deletions to
provide clear traceability throughout the evaluation process.
7. Oral Presentation. a. The SEB Chairperson is normally responsible
for conducting the presentation to the SSO. It is the Chairperson's
function to convey concisely and accurately the results of the SEB
deliberations to permit an informed and objective selection of the best
source for the particular procurement.
b. As a general rule, the SEB Chairperson's prepared oral
presentation should not exceed an hour to be followed by a question and
answer period. Copies of the viewgraphs to supplement the SEB report
forwarded to the SSO are to be available to those attending the oral
presentation. Relevant backup material is to also be available at the
presentation.
c. The main thrust of the oral presentation is to focus upon issues
and problems identified by the SEB's findings and to highlight the
reasonable alternative choices available to the SSO. This presentation
must include an explanation of any applicable qualification standards;
evaluation factors, subfactors, and elements; the major strengths and
weaknesses of the offerors; the Government estimate, if applicable;
the offerors' proposed cost/price; the probable cost; the proposed fee
arrangements; the results of written and/or oral discussions; the
BAFO's; the final evaluation findings; and the final adjectival
ratings and scores. These aspects of the report are central to its
meaning, and must be reviewed in the oral presentation despite the
redundancy to the written report.
d. The presentation shall clearly indicate any discriminators. This
requires the presentation of scores in enough detail to provide an
adequate basis for the SSO to assess the validity of the judgments made
by the SEB. This detail shall extend at least to all levels of
subfactors and numerically scored elements.
e. A suggested progression of charts follows. Brevity and
understandability are key. Charts should highlight the significant
aspects of the comprehensive written report. They should prompt
discussion. Sample charts are not included in this handbook since these
tend to lead toward unnecessary or even inappropriate standardization.
As appropriate, the Assistant Administrator for Procurement will, from
time to time, disseminate sample charts illustrative of approaches or
techniques of exceptional merit and usefulness.
(1) Identification of the Procurement. This chart should identify
the installation, the nature of the services or hardware to be procured,
some quantitative measure including the Government estimate for the
procurement, and the kind of contractual arrangement planned. Detailed
objectives of the procurement should be avoided.
(2) Background. This item is useful to identify any earlier phases
of a phased procurement or, as in the case of continuing support
services, to identify the incumbent and any consolidations or proposed
changes from the existing structure.
(3) Evaluation Factors, Subfactors, and Elements. An explanation of
any qualification standards and the evaluation factors, subfactors, and,
if utilized, elements, along with assigned weights, is an important part
of any presentation of SEB findings. The relative order of importance
of the evaluation factors and, within Mission Suitability, the numerical
weights of the subfactors and, if utilized, numerically scored elements
should also be presented. The adjectival scoring system utilized as an
aid in evaluation of Mission Suitability should be presented.
(4) Sources. This chart will indicate the number of potential
offerors solicited, the number of potential offerors expressing
interest, e.g., attendance at a preproposal conference, and the
identification of offerors submitting proposals in response to the
solicitation. Small businesses, small disadvantaged businesses, and
women-owned businesses can be identified here. In addition, a chart
must be included for each offeror indicating the Chief Executive
Officer, the location of the offeror, some representative products, and
similar information for each major subcontractor proposed.
(5) Summary of Findings. The summary chart shall, as simply as
possible, list the initial Mission Suitability ratings and scores, the
final Mission Suitability ratings and scores, the offerors' proposed
costs/prices, and the SEB's assessment of the probable costs. In
addition, any clear discriminator, problem, or issue which could have an
effect upon the selection should be introduced at this time. The
determination of competitive range must be addressed here.
(6) Strengths and Weaknesses of Offerors. These charts can be among
the most valuable presented, and its preparation could initially assist
the SEB Chairperson in distilling the essence of the SEB's findings.
Certain guidelines should be followed in the preparation of these
charts:
(a) Only the major strengths and weaknesses of individual offerors
should be selected for presentation. The significance of strengths and
weaknesses is lost when exhibited in long lists without distinction as
to importance.
(b) The strengths and weaknesses should be directly related to the
evaluation factors, subfactors, and elements.
(c) Strengths and weaknesses should be as clear as charting
techniques and limitations will permit. Care should be taken to avoid
an analysis of strengths and weaknesses based totally on numerical
scores. This practice limits the SEB and the SSO in their evaluation
and selection. For example, not all major weaknesses could be
considered of equal value -- some are correctable during negotiations
and some are not.
(d) It is important to indicate the significance of major weaknesses.
Can they be corrected during negotiations? If so, at what cost?
(e) The results and impact, if any, of written and/or oral
discussions and BAFO's on ratings and scores must be clearly indicated.
(f) Key personnel charts must be included in the presentation,
providing a list of the key personnel for each offeror together with, as
appropriate, their educational background, general background, and any
pertinent details applicable to this procurement.
(7) Final Mission Suitability Ratings and Scores. This chart is to
summarize, as simply as the material will permit, the evaluation
subfactors and elements, the maximum points achievable, and the scores
of the offerors in the competitive range.
(8) Final Cost Evaluation. This chart summarizes probable costs
associated with each offeror including proposed fee arrangements. The
data should be as accurate as possible; therefore, SEB adjustments to
achieve comparability should be shown. Further, the presentation of
this chart should include the measure of confidence the SEB has in the
costs of the individual offerors, noting the reasons for low or high
confidence.
(9) Relevant Experience and Past Performance. This chart should
reflect the summary conclusions. This information is to be supported
and amplified by specific case data with particular emphasis on
exemplary or inferior performance and its potential bearing on the
instant procurement.
(10) Other Considerations. This chart lists and discusses the Other
Considerations addressed in the RFP, providing an appropriate adjectival
rating for each of the Other Considerations subfactors.
(11) Special Interest. This chart should include only information of
special interest to the SSO that has not been discussed elsewhere, e.g.,
procedural errors or other matters that could have an effect on the
selection decision.
(54 FR 28373, July 5, 1989, as amended at 55 FR 27090, June 19, 1990;
57 FR 3139, Jan. 28, 1992; 57 FR 40856, Sept. 8, 1992)
48 CFR 1870.303 Subpart 1870.4 -- NASA Credit Card System
Source: 54 FR 53632, Dec. 29, 1989, unless otherwise noted.
48 CFR 1870.401 Purpose.
The NASA credit card system provides a means for using credit cards
for small purchases.
48 CFR 1870.402 System content.
(a) The regulations governing the use of credit cards are set forth
at 1813.7104.
(b) The system contains specific procedures for use by procurement
personnel and by the wide range of individuals who participate in the
credit card program. These procedures integrate diverse regulatory and
operational information from numerous sources in a user-oriented
document.
48 CFR 1870.403 NASA procedures for the credit card system.
(a) Credit card procedures are prescribed by Appendix I to this
section 1870.403.
(b) NASA may reprint Appendix I as a separate document, provided the
following conditions are met:
(1) The issuance date (''cover date'') of the procedures shall be the
date of the NASA FAR Supplement version from which the text is
extracted.
(2) With the exception of availability, distribution and other
special prefatory notices, any subsequent modification in the text shall
be preceded by a change to the NASA FAR Supplement 1870.403, Appendix I.
(3) The following notice shall be included in the prefatory material
of the Handbook:
These procedures are a separately bound, verbatim version of NASA FAR
Supplement (NFS) (48 CFR 1870.403) Section 1870.403, Appendix I.
Reference to other parts of the Federal Acquisition Regulation (FAR) and
the NFS will be required for complete coverage of all procurement
aspects. NASA reserves the right to make changes to NFS 1870.403,
Appendix I, without issuing a new edition of these procedures. In the
event of apparent conflict between these procedures and the NFS, the NFS
shall govern.
(a) At the request of the Office of Management and Budget (OMB), the
General Services Administration (GSA), Federal Supply Service (FSS)
awarded a single schedule contract (Federal Supply Schedule No. OOCC
6150, Industrial Group 615, IG Class 6153) for Governmentwide commercial
credit card service to Rocky Mountain BankCard System, Inc.
(contractor). The contract is intended to provide, at the request of
federal ordering agencies, Governmentwide commercial credit cards and
associated services to civilian and military Government employees for
the purpose of paying for purchases made for official Government
purposes.
(b) These procedures are designed as the NASA supplement to the
''Instructions for the Use of the U.S. Government Credit Card''
distributed to the cardholder and ''Approving Official Instructions for
the Use of the U.S. Government Credit Card'' distributed to the
approving official at the time the card is issued. In the event these
procedures conflict with the instructions provided by the contractor,
these procedures take precedent. All purchases that will be paid for
using the card shall comply with the Federal Acquisition Regulation
(FAR), the NASA FAR Supplement (NFS) and these procedures.
(a) Administrative Office Contact. The Administrative Office Contact
is the focal point appointed by the Procurement Officer for coordination
of the applications, issuance and destruction of cards, establishment of
reports, and administrative training.
(b) Approving Official. The approving official is the person who
reviews and approves the cardholder's monthly statement of purchases.
(c) Cardholder. The cardholder is the individual to whom a card is
issued. The card bears this cardholder's name and may only be used by
this individual to pay for authorized U.S. Government purchases.
(d) Contractor. The contractor is the organization that will
maintain all accounts as required by the General Services Administration
contract.
(e) I.M.P.A.C. I.M.P.A.C., which is printed on all cards furnished by
the contractor, stands for ''International Merchant Purchase
Authorization Card.'' These initials will also appear on most forms
provided by the contractor.
(f) Oral Procedure. Oral procedure means a procedure where an order
is placed or a purchase is made through an oral agreement which is made
in person or by telephone by providing the card for imprint by the
vendor or the card number to the vendor. No written purchase order or
contract is issued by the Government. The supplies or services are
provided by the vendor and payment is made using the I.M.P.A.C.
(g) Statement of Account. The Statement of Account is a monthly
listing of all payments authorized for purchase and credits made by the
cardholder and billed by the merchant.
(a) Contractor. The contractor will issue cards to cardholders and
send out monthly statements to cardholders, approving officials, and
financial management offices. The contractor will pay merchants in a
timely manner and will receive reimbursement from the financial
management office of each NASA installation.
(b) Contracting Officer's Technical Representative (COTR). The COTR
appointed by the Procurement Officer will serve as the liaison between
the installation and the contractor. The COTR shall oversee the
I.M.P.A.C. program and establish installation guidelines. The COTR
shall establish authorization codes for controlling purchases. Changes
to dollar limitations or authorized merchant codes must be approved by
the COTR.
(c) Cardholder. Each cardholder is to reconcile his/her monthly
statement and forward the reconciled statement to his/her approving
official. Detailed instructions are included in paragraph 12 and in the
cardholder instructional pamphlet, ''Instructions for the Use of the
U.S. Government Credit Card,'' issued by the contractor.
(d) Approving Official. The approving official will review the
cardholder's monthly statement and serve as liaison with the
Administrative Office Contact, the Financial Management Office, and the
COTR. Each approving official shall establish, after coordination with
the Administrative Office Contact, a budgetary limit for each
cardholder's monthly purchases. The approving official will certify the
cardholder's monthly statements and ensure that payments are for
purchases which are authorized and made in accordance with FAR and NFS.
Detailed instructions are included in paragraph 12 and in the approving
official's instructional pamphlet, ''Approving Official Instructions for
Use of the U.S. Government credit card,'' issued by the contractor. The
approving official will also assist the cardholder in resolving disputed
payments. The approving official has authority to direct the COTR to
instruct the contractor to cancel a card at any time.
(e) Administrative Office Contact. The Administrative Office Contact
shall establish a budgetary limit for each office that does not exceed
the sum of the approving official's cardholders' monthly purchase
limits. The Administrative Office Contact, in conjunction with the
COTR, shall coordinate, process and monitor resolution of all disputed
purchases, credits or billing errors, unless the Procurement Officer
designates another individual or office to perform this function.
(f) Financial Management Office Contact. The Financial Management
Office Contact shall answer the contractor's questions about payment of
monthly statements.
(a) The I.M.P.A.C. may be used to pay for small purchases made in
accordance with part 13 of the FAR and the NFS. It may also be used to
pay for orders placed against established requirements contracts or with
established sources of supply (see FAR part 8), when authorized by the
contract or regulation requiring use of the source. However,
installation stocks/inventories must be checked for availability prior
to credit card purchase.
(b) The I.M.P.A.C. can be used to pay for supplies or services
acquired using oral solicitation procedures. It may also be used to pay
for supplies or services that are acquired through a purchase order or
an individual order under a requirements contract where the contract
specifically allows such payment method. Without exception, the
I.M.P.A.C. may only be used to pay for authorized U.S. Government
purchases.
(c) Under no circumstances will the I.M.P.A.C. be used for cash
advances.
The contractor will provide the Administrative Office Contact with
all the necessary application forms (cardholder, approving official,
disputes, destruction notice etc.). The Administrative Office Contact
will distribute the forms to the selected cardholders and approving
officials for completion. Upon completion, the Administrative Office
Contact shall process and forward the forms to the contractor. The card
will be mailed to the cardholder within ten working days after the
application is received by the contractor. When the cardholder receives
the card, he/she must immediately return the enclosed notice to the
contractor in order to notify the contractor that the card has been
received. The contractor is capable of providing various reports to
meet management and administrative needs. During the account setup
process, the Administrative Office Contact will discuss the various
reports available with management personnel and submit requirements to
the COTR.
When the account information is submitted to the Administrative
Office Contact, a signature card must be completed by each approving
official that states the approving official may approve the accuracy of
the Statement of Account for payment. The signature card will be
forwarded to the appropriate financial management office after
completion. An alternate approving official must be designated to avoid
statement processing delays and late payment penalties.
Use of the credit card by a cardholder is subject to a single
purchase limit, a monthly cardholder limit and a monthly office limit.
The purpose of these dollar limits is as follows:
(a) Single Purchase Limit. The single purchase limit is a limitation
on the procurement authority delegated to the cardholder. This limit
cannot be exceeded unless a revised delegation of authority is issued by
the Procurement Officer raising the limit. A ''single purchase'' using
the card may include multiple items. However, no single purchases may
exceed the authorized single purchase limit established for each
cardholder. The application for the cardholder will be completed in
accordance with the Purchase Limit Matrix in the Federal Supply Schedule
contract.
(b) Monthly Cardholder Limit. The monthly cardholder limit is a
budgetary limit assigned by the approving official. The approving
official shall coordinate with the Administrative Office Contact when
determining a monthly limit. The total dollar value of purchases when
using the card for any single month may not exceed the monthly purchase
limit set by the approving official.
(c) Monthly Office Limit. The monthly office limit is a budgetary
limit established by the Administrative Office Contact and shall not
exceed the sum of the approving official's cardholders' monthly purchase
limit and should reflect spending history as well as budgetary trends.
The total dollar value of purchases using the card shall not exceed the
monthly office limit.
The monthly statement to each cardholder by the contractor will
include an administrative fee which is calculated as a fixed percentage
of the total dollar value of purchases. Each installation financial
management office shall implement procedures to ensure funds to cover
the monthly administrative fee are available.
(a) The unique I.M.P.A.C. VISA card that the cardholder receives has
his/her name embossed upon it and may be used only by that cardholder.
No other person is authorized to use the card. The card was specially
designed showing the great seal of the U.S. and ''United States of
America'' imprinted upon it to avoid being mistaken for a personal
credit card.
(b) When issuing this card to an employee, authorization codes will
be established by the COTR and the Administrative Office Contact and
will be incorporated in the card. Under normal circumstances, merchants
are required to obtain authorization from the contractor for purchases
over $50.00. However, many merchants now use electronic authorization
methods allowing them to obtain authorization for all purchases
regardless of amount. When authorization is sought for a purchase by
the merchant, the the contractor authorization system will
electronically check each individual cardholder's single purchase and
monthly limits, the monthly office limit, and the type of merchant where
the cardholder is making the purchase before authorization for the
transaction will be granted.
(c) Use of the card must meet the following conditions:
(1) The total of a single purchase to be paid for using the card may
be comprised of multiple items and cannot exceed the authorized single
purchase limit. Purchases will be denied if the authorized single
purchase limit is exceeded. Payment for purchases may not be split in
order to stay within the single purchase limit.
(2) All items purchased over the counter to be paid for using the
card must be immediately available. No back-ordering is allowed.
(3) All items purchased by a telephone order that will not be
confirmed with a written order and be paid for using the card should
generally be delivered by the merchant within the 30-day billing cycle.
However, a longer period (up to 120 days for delivery) may be utilized
by the installations. If the longer period is elected, installation
procedures need to be established for proper reconciliation of the
monthly bills, allowing for the carrying forward of items ordered but
not received.
(4) All items purchased during one telephone transaction that will
not be confirmed by a written order should generally be delivered in a
single delivery. If an installation elects to allow partial deliveries,
installation procedures must be implemented to ensure proper
reconciliation of all such orders.
(5) All accountable personal property items pruchased and paid for
using the car must have the input and concurrence of the Supply and
Equipment Management Officer; the NASA Equipment Management System
(NEMS) must be screened prior to purchase; and, the items purchased
must be processed through the installation receiving function so the
proper tagging can be done and the required accountability established.
(See NHB 4200.1.)
(6) When purchasing items by phone or over the counter, the
cardholder should inform the merchant that the purchase is for official
U.S. Government purposes and therefore is not subject to state or local
tax. The card will be imprinted with ''US Govt Tax Exempt'' for
additional clarification.
(7) Prior to use of the card for an individual purchase, funds must
be certified as available by an authorized individual within the
installation Financial Management Office.
(a) The card must not be used for the following: (1) Cash advances;
(2) Rental or lease of motor vehicles; (3) Rental or lease of land or
buildings; (4) Purchase of airline, bus, train, or other travel related
tickets; (5) Purchase of meals, drinks, lodging, or other travel or
subsistence costs; (6) Purchase of gasoline or oil for Interagency
Fleet Management automotive vehicles; (7) Repair of Interagency Fleet
Management automotive vehicles; and (8) Purchases of telecommunications
and telephone equipment.
(b) Purchases of the following items are specifically governed by the
FAR and NFS. Compliance with the applicable regulations is required
when purchasing these items. (1) Non-expendable property; (2)
Janitorial, yard and maintenance services, other than repair services;
(3) Personal clothing or footwear, except emergency situations when
required for safety; (4) Printing or copying services; (5) Telephone
calls.
(a) General. When making purchases that will be paid for using the
I.M.P.A.C., all the applicable acquisition regulations apply.
Regardless of whether the open market purchase is made using oral
procedures or using a written purchase order or contract, the cardholder
must:
(1) Ensure that funds are available and certified to pay for the
items being purchased. A funded Purchase Request (PR) shall support
each credit card purchase. The PR may be bulk funded.
(2) Reserve small purchases for small business in accordance with
Public Law 95-507 (FAR 13.105).
(A) The Law provides that each acquisition of supplies or services
which has an anticipated value of $25,000 or less and which is subject
to small purchase procedures shall be reserved exclusively for small
business concerns. Therefore, when offers are solicited, they should be
from small business concerns only, unless the contracting officer
(cardholder) makes a written determination that there is no reasonable
expectation of obtaining quotations from two or more responsible small
business concerns (one, if the purchase does not exceed $2,500) that
will be competitive in terms of market price, quality, and delivery. If
the purchase is not made from small business, the contracting officer
must document the reason for not purchasing from a small business
concern.
(B) The requirement for purchasing from small business does not waive
the requirement to make purchases from required sources of supply or
mandatory Federal Supply Schedules (FAR part 8).
(3) Solicit competition for purchases in accordance with FAR 13.106.
(A) Oral solicitations should be used whenever possible. Written
solicitations are mandatory under the FAR when purchasing construction
work over $2,000. In addition, written solicitations should be used
when purchasing services which are subject to Service Contract Act wage
determinations.
(B) The FAR recommends that written solicitations be used when (i) a
large number of line items are included in a single proposed
acquisition, (ii) obtaining oral quotations is not considered economical
or practical, (iii) special specifications are required because items or
services cannot be easily explained or (iv) suppliers are located
outside the local trade area (there may be instances, however, where it
is appropriate to use the cards for purchases outside the local trade
area).
(C) Purchases not in excess of $2,500 may be accomplished without
securing competition if the contracting officer considers the prices to
be reasonable. These purchases are to be distributed equitably among
qualified suppliers. If practical, other than the previous supplier
should be solicited when placing repeat orders.
(D) A reasonable number of sources must be solicited (at least three)
for purchases over $2,500. If practical, two of these sources shall not
have been previously solicited. If suppliers furnish standing price
quotations or catalog prices on a recurring basis, verifying the
quotations or prices for individual purchases is not necessary, but the
prices should be periodically confirmed as current. When determining
the number of sources to solicit, consider (i) the nature of the item or
service to be purchased and whether it is highly competitive, (ii)
information from recent purchases of the same or similar item or
service, (iii) the urgency of the purchase, (iv) the dollar value of the
purchase, and (v) past experience concerning dealers' prices.
(4) Document the record regarding competition and reasonableness of
price as required by FAR 13.106(c). FAR 13.106(a)(4) cites two instances
when action must be taken to verify price reasonableness of purchases
not exceeding $2,500: (1) The contracting officer suspects or has
information to indicate the price may not be reasonable or (2) when
purchasing an item for which no comparable pricing information is
available. The file must contain an explanation of how price
reasonableness was determined in those instances.
(5) Purchase only domestic end products, except as provided in FAR
subpart 25.1. The Buy American Act requires that only domestic end
products be procured unless (A) the products or materials are for use
outside the United States; (B) the cost is unreasonable as determined
in accordance with FAR 25.105; (C) the agency head determines that
domestic preferences would be inconsistent with the public's interest;
or (D) the products or materials are not mined, produced, or
manufactured in the United States in sufficient commercial quantities or
of a satisfactory quality.
(b) Oral purchase procedures. (1) Oral procedures may be used to
acquire supplies or services that can be described in sufficient detail
so that the parties to the agreement have a clear understanding of what
is being acquired; and a purchase order or contract is not required by
either the supplier or the Government.
(2) When placing a telephone order to be paid using the I.M.P.A.C.,
the cardholder will:
(A) Notify the vendor that the purchase is tax exempt.
(B) Confirm that the vendor is aware of all required Government terms
and conditions.
(C) Confirm that the vendor agrees to charge the credit card when
shipment is made so that receipt of the supplies may be certified on the
monthly Statement of Account.
(D) Instruct the vendor to include the following information with the
shipping documents or packing slip: (i) Cardholder name and mail code;
(ii) Building number, room number, street address, city and state;
(iii) Cardholder telephone number; (iv) The term: Credit Card; (v)
Purchase Request or Purchase Order Number.
(3) This information will alert the receiving offices and the
requisitioner that the supplies have been purchased with the credit
card.
(4) A log should be used to document or record telephone credit card
orders of $2,500 or less when competitive quotes are not solicited. If
competitive quotes are solicited for purchases of $2,500 or less, or if
the purchase exceeds $2,500 and therefore requires competition, the
record shall be documented. The documentation should be held until the
monthly billing statement is received and then attached to the statement
when it is submitted to the approving official.
(c) Purchases requiring the issuance of a written order or contract.
If the I.M.P.A.C. is used to pay for a purchase made by using one of the
purchase order or contract forms, the vendor should be provided the
necessary information from the card orally, either in person or by
telephone, and the statement ''Payment to be made by credit card''
should be inserted on the form. Do not include specific information
from the card on the purchase order. If the vendor requires an order,
an authorized installation form may be used. The vendor is given its
copy of the purchase order and the contracting officer (cardholder)
maintains a copy.
(a) Any time a purchase is made that will be paid using the card,
whether it is done over the counter or by telephone, a document must be
retained as proof of purchase. These documents will later be used to
verify the purchases shown on the cardholder monthly statement.
(1) When a purchase is made over the counter, the cardholder is to
obtain a customer copy of the charge slip, which will become the
accountable document (make sure all carbons are destroyed).
(2) When making purchases by phone, the cardholder is to document the
transaction on a log, annotate the PR, and attach any shipping documents
associated with the order.
(b) The contractor will provide and distribute three monthly
statements within five working days after the end of the 30-day billing
cycle.
(1) Cardholder -- will receive a statement showing all purchases,
credits and other data on transactions the cardholder has made in the
30-day billing cycle.
(2) Approving official -- will receive a copy of all cardholder
statements for which he/she has approving authority and a summary sheet
for these statements.
(3) Financial Management Office -- will receive a statement providing
summary data by cardholder and approving official.
(c) At the end of each monthly billing cycle, the cardholder must
reconcile the information on his/her statement. The cardholder must
fill in the appropriate accounting classification in the accounting code
block, if not the same as the Master Accounting Code, the organization
or individual for whom the purchase was made, and a description, if not
provided, for each purchase. The cardholder must then sign the
statement, attach all supporting documentation and forward it to the
approving official or designated alternate. It is important that the
cardholder check each purchase on the statement to verify the accuracy.
If an item has been returned and a credit voucher received, the
cardholder will verify that the credit is reflected on the statement.
If purchased items and credits are not on the next monthly statement,
the transaction documentation will be retained by the cardholder until
the purchase or credit appears on the statement. If the purchase or
credit does not appear on the next monthly statement, the cardholder or
approving official must notify the Administrative Office Contact to
resolve and reconcile the statement.
(d) If for some reason the cardholder does not have documentation of
the transaction to send with the statement, he/she must attach an
explanation that includes a description of the item, date of purchase,
merchant's name and why there is not supporting documentation.
(e) The cardholder must sign the monthly statement and forward it to
the approving official within five working days of receipt. If the
cardholder cannot review the statement at the time that it is received,
the approving official is responsible for reviewing and certifying the
cardholder's statement. The approving official will go over the
cardholder's statement with the cardholder upon his/her return.
(f) The approving official is responsible for the following: (1)
Supplying the appropriate financial management office with the date
services provided by the contractor were received and the date services
were accepted. The date services were received will be the last day of
the monthly billing cycle for the contractor. The date services were
accepted will be the date the approving official signs the reverse side
of the statement of account. If the approving official takes more than
seven calendar days to accept the services, acceptance (for determining
payment due date for compliance with prompt payment regulations only)
will be deemed to occur seven calendar days after receipt of the
services. If any purchased items have not been received or accepted by
the time the statement is received, the items should be disputed using
the procedures in paragraph 13, in order to prevent payment delays. It
is critical that this information be supplied in order to avoid late
payment penalties; (2) Certifying and signing monthly cardholder-signed
statements and summary statements; (3) Forwarding signed cardholder
statements and finance copies of receiving reports and supporting
documents to te financial management office for payment; (4) Forwarding
monthly summary statements, and the cardholder statements to the
appropriate financial management office in time to be received within 15
working days of receipt by the approving official to avoid late payment
penalties; (5) Retaining copies of summary statements and fund
certification, solicitation and award documentation as supporting
documentation on purchases. Records retention and disposition
procedures in FAR 4.805 should be followed for documentation of
purchases paid for using the credit card.
(a) If a cardholder receives a statement that lists a transaction for
merchandise that has not been received, or a transaction which includes
a sales tax, the cardholder (or the approving official) must notify the
Administrative Office Contact and complete the Cardholder Questioned
item form. The contractor will credit the transaction until the dispute
is resolved. In addition, a copy of the form must be attached to the
cardholder's monthly statement and sent to the appropriate financial
management office.
(b) If items purchased with the card are found to be defective, the
cardholder has the responsibility to obtain replacement or correction of
the item as soon as possible. If the merchant refuses to replace or
correct the faulty item, then the purchase of the item will be
considered in dispute. Items in dispute are handled in the same manner
as billing errors.
The contractor should be contacted only to report a LOST OR STOLEN
card. All other questions should be directed to the installation points
of contact referenced in these procedures. Telephone numbers are listed
in paragraph 15.
(a) If the card is lost or stolen, it is important that the
cardholder immediately notify Rocky Mountain BankCard System, Inc., at
the following numbers:
(1) During business hours, Monday-Friday (8:00 AM-4:30 PM (MST))
(A) Outside Colorado -- 1-800-525-3717 x3900
(B) In Colorado -- 1-303-629-5678
(C) Outside Continental U.S. -- 303-629-5678
(2) After business hours and weekends (MST)
(A) Outside Colorado -- 1-800-525-5093
(B) In Colorado -- 1-800-332-9840
(b) The cardholder must also notify the approving official of the
lost or stolen card within one workday after discovering the card
missing.
(c) The approving official will subit a written report through the
Administrative Office Contact to the Contracting Officer's Technical
Representative within five workdays.
(d) The report will include: (1) The card number; (2) The
cardholder's complete name; (3) The date and location of the loss; (4)
If stolen, date reported to police; (5) Date and time the contractor
was notified; (6) Any purchase(s) made on the day the card was
lost/stolen; (7) Any other pertinent information.
(e) A new card will be mailed within two business days of the
reported loss or theft. A card that is subsequently found by the
cardholder after being reported lost or stolen will be cut in half and
given to his/her approving official. The approving official will
complete the destruction notice and forward the notice to the
Administrative Office Contact.
It is the cardholder's responsibility to safeguard the credit card
and account number at all times. The cardholder must not allow anyone
to use his/her card or account number. A violation of this trust will
require that the card be withdrawn from the cardholder with the
possibility of subsequent disciplinary action.
Upon separation of a cardholder, the cardholder must surrender the
card to his/her approving official who will complete the destruction
notice and forward the notice to the Administrative Office Contact.
If a cardholder is transferred to another office with a different
approving official, the new approving official must determine if the
employee will be a cardholder within his/her office. If it is
determined that the card should be kept by the cardholder, the master
file can be changed by requesting, in writing, that the Administrative
Office Contact have the contractor add the cardholder to the new
approving official's responsibility and delete him/her from the old file
without issuing a new card.
(a) A cardholder who makes unauthorized purchases or carelessly uses
the card may be liable to NASA for the total dollar amount of
unauthorized purchases made in connection with the misuse or negligence.
Also, the cardholder may be subjected to disciplinary action for
unauthorized or careless use.
(b) NASA will be liable for the use of I.M.P.A.C.s by authorized
users (cardholders).
(54 FR 53632, Dec. 29, 1989, as amended at 55 FR 47480, Nov. 14,
1990)
48 CFR 1870.403 48 CFR Ch. 19 (10-1-92 Edition)
48 CFR 1870.403 United States Information Agency
48 CFR 1870.403 CHAPTER 19 -- UNITED STATES INFORMATION AGENCY
48 CFR 1870.403 (Parts 1900 to 1999)
Editorial Note: For a waiver document affecting chapter 19, see 56
FR 22661, May 16, 1991.
48 CFR 1870.403 SUBCHAPTER A -- GENERAL
Part
Page
1901 United States Information Agency acquisition regulation system
1902 Definitions of words and terms
1903 Improper business practices and personal conflicts of interest
1904 Administrative matters
48 CFR 1870.403
48 CFR 1870.403 SUBCHAPTER B -- ACQUISITION PLANNING
1909 Contractor qualifications
1910 Specifications, standards and other purchase descriptions
1912 Contract delivery or performance
48 CFR 1870.403
48 CFR 1870.403 SUBCHAPTER C -- CONTRACTING METHODS AND CONTRACT TYPES
1913 Small purchases and other simplified purchase procedures
1915 Contracting by negotiation
1917 Special contracting methods
48 CFR 1870.403
48 CFR 1870.403 SUBCHAPTER D -- SOCIOECONOMIC PROGRAMS
1919 Small business and small disadvantaged business concerns
1922 Application of labor laws to government acquisitions
48 CFR 1870.403
48 CFR 1870.403 SUBCHAPTER E -- GENERAL CONTRACTING REQUIREMENTS
1927 Patents, data, and copyrights
1932 Contract financing
48 CFR 1870.403
48 CFR 1870.403 SUBCHAPTER G -- CONTRACT MANAGEMENT
1942 Contract administration
1946 Quality assurance
48 CFR 1870.403
48 CFR 1870.403 SUBCHAPTER H -- CLAUSES AND FORMS
1952 Solicitation provisions and contract clauses
1953 Forms
48 CFR 1870.403
48 CFR 1870.403 48 CFR Ch. 19 (10-1-92 Edition)
48 CFR 1870.403 United States Information Agency
48 CFR 1870.403 SUBCHAPTER A -- GENERAL
48 CFR 1870.403 PART 1901 -- UNITED STATES INFORMATION AGENCY
ACQUISITION REGULATION SYSTEM
Sec.
1901.000 Scope of part.
48 CFR 1870.403 Subpart 1901.1 -- Purpose, Authority, Issuance
1901.101 Purpose.
1901.102 Authority.
1901.103 Applicability.
1901.104 Issuance.
1901.104-1 Publication and code arrangement.
1901.104-2 Arrangement of regulations.
48 CFR 1870.403 Subpart 1901.4 -- Deviations From the FAR
1901.403 Individual deviations.
1901.404 Class deviations.
48 CFR 1870.403 Subpart 1901.6 -- Contracting Authority and
Responsibilities
1901.601 General.
1901.602 Contracting officers.
1901.602-1 Authority.
1901.670 Ratification of unauthorized commitments.
1901.670-1 Authority.
1901.670-2 Definitions.
1901.670-3 Procedures.
1901.670-4 Limitations on exercise of authority.
1901.670-5 Nonratifiable commitments.
Authority: 40 U.S.C. 486(c).
Source: 50 FR 13200, Apr. 3, 1985, unless otherwise noted.
48 CFR 1901.000 Scope of part.
This part describes the method by which the United States Information
Agency implements and supplements the Federal Acquisition Regulation and
contains policies and procedures that implement and supplement Chapter 1
of the Federal Acquisition Regulation (48 CFR).
48 CFR 1901.000 Subpart 1901.1 -- Purpose, Authority, Issuance
48 CFR 1901.101 Purpose.
This subpart establishes the United States Information Agency
Acquisition Regulation (IAAR) as Chapter 19 of the Federal Acquisition
Regulations System (48 CFR chapter 19) and states the relationship of
the IAAR to the Federal Acquisition Regulation (FAR), 48 CFR chapter 1.
48 CFR 1901.102 Authority.
The USIA Acquisition Regulation is prescribed by the Director of the
United States Information Agency pursuant to the authority of the
Reorganization Plan No. 2 of 1977 and the Federal Property and
Administrative Services Act of 1949, as amended, and other applicable
law.
48 CFR 1901.103 Applicability.
Except where a deviation is specifically authorized in accordance
with subpart 1901.4 or otherwise authorized by law, the FAR and the IAAR
govern all USIA acquisitions within the United States.
1901.104 Issuance.
48 CFR 1901.104-1 Publication and code arrangement.
(a) The IAAR is published in the Federal Register and, in cumulative
form in the Code of Federal Regulations (CFR).
(b) The IAAR is issued as chapter 19 of title 48, CFR.
48 CFR 1901.104-2 Arrangement of regulations.
The IAAR uses the same numbering system and arrangement used in the
FAR. Where the IAAR implements the FAR, it is numbered and captioned to
correspond to the FAR. Where there is no corresponding material in the
FAR, numbers beginning with 70 or higher are assigned to the IAAR
supplementing part. Where the subject matter is the FAR requires no
implementation, the IAAR contains no corresponding part.
48 CFR 1901.104-2 Subpart 1901.4 -- Deviations From the FAR
48 CFR 1901.403 Individual deviations.
Deviations from the IAAR or the FAR in individual cases shall be
authorized by the Agency Procurement Executive or a designee unless FAR
1.405(e) is applicable. The request shall cite the specific part of the
IAAR or FAR from which it is desired to deviate; shall set forth the
nature of the deviation(s); and shall give the reason for the action
requested.
48 CFR 1901.404 Class deviations.
Class deviations affecting more than one contracting action shall be
authorized only by the Agency Procurement Executive, unless FAR 1.405(e)
is applicable, and shall be subject to the limitations set forth in FAR
1.404. Requests shall include the same information as cited in 1901.403.
48 CFR 1901.404 Subpart 1901.6 -- Contracting Authority and Responsibilities
48 CFR 1901.601 General.
The Director, Office of Contracts, is designated the Agency
Procurement Executive. The Agency Procurement Executive is delegated
the full delegable authority of the Director of this Agency with respect
to the acquisition of goods and services by contract and such other
methods as may be prescribed in the FAR. The Agency Procurement
Executive is delegated overall responsibility by the Director for the
Agency's contracting activities.
1901.602 Contracting officers.
48 CFR 1901.602-1 Authority.
USIA Contracting Officers designated by name on Certificates of
Appointment by the Agency Procurement Executive are authorized to enter
into, administer, and terminate contracts and make related
determinations and findings, subject to all requirements and limitations
set forth in the Certificate of Appointment. A list of USIA employees
who have been appointed as Contracting Officers and the limits of their
authority is available from the Policy and Procedures Staff, Office of
Contracts.
1901.670 Ratification of unauthorized commitments.
48 CFR 1901.670-1 Authority.
Only contracting officers acting within the scope of their authority
(see FAR 1.602) may enter into contracts on behalf of the Government.
Subject to the limitations in 1901.670-4, the Agency Procurement
Executive may ratify an unauthorized commitment, provided:
(a) The Government has obtained a benefit resulting from the
unauthorized commitment;
(b) The Agency Procurement Executive could have granted or had the
authority to enter into the commitment at the time it was made and still
has the authority to do so; and
(c) The resulting contract would otherwise have been proper if made
by an authorized contracting officer.
48 CFR 1901.670-2 Definitions.
Ratification, as used in this section, means that act of approving an
unauthorized commitment, by an official who has the authority to do so,
for the purpose of paying for supplies or services provided to the
Government as a result of the unauthorized commitment.
Unauthorized commitment, as used in this section, means an agreement
that is not binding solely because the Government representative who
made it lacked the authority to enter into a contract on behalf of the
Government.
48 CFR 1901.670-3 Procedures.
USIA components shall process unauthorized commitments using the
ratification authority set forth herein in lieu of referral of such
actions to the General Accounting Office for resolution as ''quantum
meruit/quantum valebant'' claims.
48 CFR 1901.670-4 Limitations on exercise of authority.
The authority in 1901.670-1, may be exercised only where --
(a) Supplies or services have been provided to and accepted by the
Government;
(b) The contracting officer determines the price to be fair and
reasonable;
(c) The contracting officer recommends payment and legal counsel
concurs in the recommendation;
(d) Funds are available and were available at the time the
unauthorized commitment was made; and
(e) Administrative settlement of the unauthorized commitment would
not involve a claim subject to resolution under the Contract Disputes
Act of 1978.
48 CFR 1901.670-5 Nonratifiable commitments.
Cases that are not ratifiable under this section may be subject to
resolution as recommended by the General Accounting Office under its
claim procedure (4 GAO 5.1), or as authorized by FAR part 50. Legal
advice should be obtained in these cases.
48 CFR 1901.670-5 PART 1902 -- DEFINITIONS OF WORDS AND TERMS
Authority: 40 U.S.C. 486(c).
Source: 50 FR 13202, Apr. 3, 1985, unless otherwise noted.
48 CFR 1901.670-5 Subpart 1902.1 -- Definitions
48 CFR 1902.101 Definitions.
As used throughout this regulation, the following words and terms are
used as defined in this subpart unless (a) the context in which they are
used clearly requires a different meaning or (b) a different definition
is prescribed for a particular part or portion of a part.
Agency means the United States Information Agency, acting through any
of its duty authorized officials.
Agency Procurement Executive means the Director, Office of Contracts.
AR/CO means Authorized Representative of the Contracting Officer (see
1942.202-70).
Contracting activity means the Office of Contracts, which has the
responsibility to contract for the acquisition of supplies and services
(including construction).
Head of the agency (also called Agency head) means the Agency
Director or Deputy Director; and the term authorized representative
means any person, persons or board (other than the contracting officer)
authorized to act for the Head of the Agency.
Purchasing Activity means an office with one or more Level I or Level
II Small Purchases Contracting Officer(s) exercising limited
redelegations of contracting officer authority.
USIA means the United States Information Agency.
48 CFR 1902.101 PART 1903 -- IMPROPER BUSINESS PRACTICES AND PERSONAL
CONFLICTS OF INTEREST
Sec.
1903.000 Scope of part.
48 CFR 1902.101 Subpart 1903.1 -- Safeguards
1903.101 Standards of conduct.
1903.101-2 Solicitation and acceptance of gratuities by Government
personnel.
1903.101-3 Agency regulations.
1903.103 Independent pricing.
1903.103-2 Evaluating the certification.
48 CFR 1902.101 Subpart 1903.2 -- Contracting Gratuities to Government
Personnel
1903.203 Reporting suspected violations of the Gratuities clause.
1903.204 Treatment of violations.
48 CFR 1902.101 Subpart 1903.3 -- Reports of Suspected Antitrust
Violations
1903.301 General.
48 CFR 1902.101 Subpart 1903.6 -- Contracts With Government Employees or
Organizations Owned or Controlled by Them
1903.602 Exceptions.
1903.670 Contracts between USIA and former employees.
Authority: 40 U.S.C. 486(c).
Source: 50 FR 13202, Apr. 3, 1985, unless otherwise noted.
48 CFR 1903.000 Scope of part.
This part implements FAR part 3, cites USIA regulations on employee
responsibilities and conduct, establishes responsibility for reporting
violations and related actions, and provides for authorization of
exceptions to policy.
48 CFR 1903.000 Subpart 1903.1 -- Safeguards
1903.101 Standards of conduct.
48 CFR 1903.101-2 Solicitation and acceptance of gratuities by
Government personnel.
USIA employees and their spouses, minor children, and members of
their households may not solicit, accept, or agree to accept any
gratuity for themselves, members of their families, or others, either
directly or indirectly, from or on behalf of an actual or prospective
contractor of USIA. This general prohibition does not apply to the
following:
(a) Gifts, gratuities, favors, entertainments, loans or any other
thing of monetary value received on account of close family or personal
relationships, when the circumstances make it clear that it is the
relationship rather than the business of the persons concerned which is
the motivating factor;
(b) Acceptance of loans from banks or other financial institutions on
customary terms to finance proper and usual activities of employees,
such as home mortgage loans;
(c) Acceptance of unsolicited advertising or promotional material,
such as pens, pencils, note pads, calendars, and other items of nominal
intrinsic value;
(d) Acceptance of rates and discounts offered to employees as a
class. Acceptance of food and refreshments of nominal value on
infrequent occasions in the ordinary course of a luncheon or dinner
meeting or other meeting or on an inspection tour where an employee may
properly be in attendance.
(e) Contractor provided transportation, meals, or overnight
accommodations in connection with official business when arrangements
for Government or commercial transportation, meals, or accommodations
are clearly impracticable. Unless prior approval of the Agency
Procurement Executive has been obtained, a full report of the
circumstances of the acceptance shall be made to the employee's
supervisor for inclusion in the contractor's file.
48 CFR 1903.101-3 Agency regulations.
(a) General. USIA regulations on Employee Responsibilities and
Conduct are contained in 22 CFR part 10. All personnel involved in
acquisition actions shall become familiar with the statutory and
regulatory prohibitions. Any questions concerning them shall be
referred to the Agency's Office of the General Counsel.
(b) Non-disclosure of proposed acquisition. Agency personnel,
particularly requirements officers, project officers, technical staff
and their supervisors often need to discuss standard commercial products
or services, new manufacturing techniques, processes and equipment with
members of industry in their efforts toward the goal of obtaining a
quality product or service for the Agency. During these discussions,
Agency personnel shall not disclose any information on a specific
acquisition, especially its funding and scheduling. Information on
proposed acquisitions shall be released concurrently to all prospective
contractors in a common solicitation.
1903.103 Independent pricing.
48 CFR 1903.103-2 Evaluating the certification.
Whenever an offer is rejected under FAR 3.103-2 or the Certificate of
Independent Price Determination is suspected of being false, the
Contracting Officer shall report the situation to the Inspector General
through the Agency Procurement Executive for referral to the Attorney
General in accordance with FAR 3.303.
48 CFR 1903.103-2 Subpart 1903.2 -- Contractor Gratuities to Government Personnel
48 CFR 1903.203 Reporting suspected violations of the Gratuities clause.
USIA personnel, particularly Contracting Officers, shall promptly
report, by memorandum, suspected violations of the Gratuities clause in
solicitations or contracts to the Agency Procurement Executive.
48 CFR 1903.204 Treatment of violations.
Suspected violations shall be treated as provided in the USIA
debarment and suspensions procedures in 1909.4.
48 CFR 1903.204 Subpart 1903.2 -- Reports of Suspected Antitrust Violations
48 CFR 1903.301 General.
The Contracting Officer shall report any instances of suspected
collusion or other violations of antitrust laws in connection with
competitive acquisitions to the General Counsel through the Agency
Procurement Executive for possible referral to the Attorney General in
Accordance with FAR subpart 3.3.
48 CFR 1903.301 Subpart 1903.6 -- Contracts With Government Employees or Organizations Owned or Controlled by Them
48 CFR 1903.602 Exceptions.
To avoid potential conflicts of interest or the appearance of
preferential treatment, it is USIA policy not to award contracts,
purchase orders, grants or cooperative agreements to Government
employees or their family members or business concerns owned or
controlled by Government employees or their family members. Exceptions
to this policy must be approved by the Agency Director or Agency
Procurement Executive and supported by written Findings and
Determination. A contract with an employee for services may result in
violation of the dual salary compensation statutes (5 U.S.C. 5533).
Nothing in this paragraph is intended to render inapplicable the
conflict of interest prohibition set out in 18 U.S.C. 208.
48 CFR 1903.670 Contracts between USIA and former employees.
To avoid conflicts of interest or the appearance of preferential
treatment, purchase orders, contracts, grants or cooperative agreements
with former employees of USIA, or with firms in which former employees
or their family members are known to have controlling interest, may be
entered into within two years following separation from employment only
with the written approval of the Agency Director. A written
justification shall be made a part of the file. The justification must
address the issue of conflict of interest and conclude that it does not
exist; or that in spite of its existence, the Agency's ability to meet
its mission would be seriously harmed without the award.
48 CFR 1903.670 PART 1904 -- ADMINISTRATIVE MATTERS
Authority: 40 U.S.C. 486(c).
Source: 50 FR 13203, Apr. 3, 1985, unless otherwise noted.
48 CFR 1903.670 Subpart 1904.70 -- Procurement Requests
48 CFR 1904.7001 General.
(a) Procurement requests will be prepared and submitted to the
contracting office in accordance with Agency procedures.
(b) Except in unusual circumstances, the contracting office will not
issue solicitations until an approved procurement request, containing a
certification that funds are available, has been received. However, the
contracting office may take all necessary actions up to the point of
contract award prior to the receipt of the approved procurement request
certifying that funds are available when:
(1) Such action is necessary to meet critical program schedules;
(2) It has been established that program authority has been issued
and that funds to cover the acquisition will be available prior to the
date set for contract award or contract modification;
(3) A person at a level above the contracting officer authorizes such
action prior to the issuance of the solicitation, and the contract file
is properly documented; and
(4) The solicitation document clearly indicates that the award is
subject to the availability of funds.
(c) The procurement request shall be assigned within the contracting
office to an individual who, if not the contracting officer, will be
responsible to the contracting officer for conducting the business
aspects of the transaction. This individual shall review the request to
ensure that it complies with the FAR and this Regulation and that the
information contained in the request is in sufficient detail to prepare
presolicitation and solicitation documents. The contracting officer, or
other designated individual in the contracting office, shall discuss
uncertain requirements or inconsistencies in the procurement request
with the initiator of the request and obtain clarification prior to
taking any further action.
48 CFR 1904.7001 SUBCHAPTER B -- ACQUISITION PLANNING
48 CFR 1904.7001 PART 1909 -- CONTRACTOR QUALIFICATIONS
48 CFR 1904.7001 Subpart 1909.4 -- Debarment, Suspension, and
Ineligibility
Sec.
1909.403 Definitions.
1909.404 Consolidated list of debarred, suspended, and ineligible
contractors.
1909.406 Debarment, suspension, and ineligibility.
1909.406-3 Procedures.
Authority: 40 U.S.C. 486(c).
Source: 50 FR 13203, Apr. 3, 1985, unless otherwise noted.
48 CFR 1904.7001 Subpart 1909.4 -- Debarment, Suspension, and Ineligibilty
48 CFR 1909.403 Definitions.
The Agency Procurement Executive, is designated the ''debarring
official'' and the ''suspending official'' as defined in FAR 9.403 and
is designated as the agency official authorized to make the decisions
required in FAR 9.405(a), 9.405-1(b), 9.405-2, 9.406-1(c), and
9.407-1(d).
48 CFR 1909.404 Consolidated list of debarred, suspended, and ineligible
contractors.
(a) The Policy and Procedures Staff, Office of Contracts, shall be
responsible for the maintenance and distribution of the GSA Consolidated
List of Debarred, Suspended, and Ineligible Contractors. It will be
coordinated with the Solicitation Mailing List and appropriate notations
will be made on both lists, when additions or deletions are necessary.
Contracting Officers shall notify the Policy and Procedures Staff,
Office of Contracts, of their distribution needs and shall ensure the
list is used effectively.
(b) The Agency Procurement Executive (or designee) is responsible for
notifying GSA of the information required by FAR 9.404(b).
1909.406 Debarment, suspension, and ineligibility.
48 CFR 1909.406-3 Procedures.
(a) Investigation and referral. Any officer of the Agency who
becomes aware of circumstances which may serve as a basis for a
debarment, suspension, or ineligibility shall report the circumstances
by memorandum to the Agency Procurement Executive for consideration of
debarment, suspension or ineligibility action.
(b) Decision-making process. (1) Contractors shall be given the
opportunity to submit, in person, in writing, or through a
representative, information and arguments in opposition to a proposed
debarment or suspension. All rebuttals shall be addressed to the Agency
Procurement Executive. However, if a response to the proposed debarment
or suspension is not received by the Agency Procurement Executive within
30 calendar days of receipt of the notice, the debarment or suspension
shall become final.
(2) If a contractor, or a representative, desires to present
information and arguments in person to the Agency Procurement Executive,
an oral presentation will be held within 20 calendar days of receipt of
the request, unless a longer period of time is requested by the
contractor. Hearings will be held before a three-person fact-finding
board composed of one member each from the Office of General Counsel and
Congressional Liaison, the Bureau of Management, and the Office of
Contracts, other than the initiating officer. The fact-finding board
shall deliver written findings to the Agency Procurement Executive
(together with a transcription of the proceedings, if made) within 10
calendar days after the hearing. The findings shall resolve any facts
in dispute based on a preponderance of the evidence presented and
determine whether a cause for debarment or suspension exists.
(c) Debarring/suspending official's decision. The
debarring/suspending official's final decision shall be made in writing
in accordance with FAR 9.406-3 and notice of the decision will be given
in accordance with FAR 9.406-3. A copy of the notice shall be given to
the affected agency component.
48 CFR 1909.406-3 PART 1910 -- SPECIFICATIONS, STANDARDS, AND OTHER
PURCHASE DESCRIPTIONS
Sec.
1910.004-70 Brand name products or equal.
1910.004-71 Limits on the use of brand name or equal purchase
descriptions.
1910.004-72 Solicitations, brand name or equal descriptions.
1910.004-73 Offer evaluation and award, brand name or equal
descriptions.
1910.004-74 Procedure for negotiated, procurements and small
purchases.
1910.011 Solicitation provisions and contract clauses.
Authority: 40 U.S.C. 486(c).
Source: 50 FR 13204, Apr. 3, 1985, unless otherwise noted.
48 CFR 1910.004-70 Brand name products or equal.
(a) General. Consistent with the policy stated in FAR 10.004(a)(2),
USIA acquisitions will generally not be based on a specifically
identified product or feature(s) thereof. However, under unusual
circumstances such an approach may be used as described below.
(b) Citing brand name products. Brand name or equal purchase
descriptions shall cite all brand name products known to be acceptable
and of current manufacture. If the use of a brand name or equal
purchase description results in the purchase of an acceptable brand name
product which was not listed as an ''equal'' product, a reference to
that brand name product should be included in the purchase description
for later acquisitions. If a brand name product is no longer
applicable, the reference thereto shall be deleted from subsequent
purchase description.
(c) Specifying essential characteristics. (1) It is imperative that
brand name or equal purchase descriptions specify each physical or
functional characteristic of the product that is essential to the
intended use. Failure to do so may result in a defective solicitation
and the necessity to resolicit the requirements. (See 1910.004-73.)
Care must be taken to avoid specifying characteristics that cannot be
shown to materially affect the intended end use and which unnecessarily
restrict competition.
(2) When describing essential characteristics, permissible tolerances
should be indicated. Avoid specifying a characteristic (e.g., a
specific dimension) of a brand name product unless it is essential to
the Government's need. The contracting officer must be able to justify
the requirement.
48 CFR 1910.004-71 Limits on the use of brand name or equal purchase
descriptions.
(a) General. The use of brand name or equal purchase descriptions in
solicitations is intended to promote competition by encouraging the
offering of products that are equal in all material respects to brand
name products cited in such descriptions. Identification by brand name
does not indicate a preference for the products mentioned but indicates
the quality and characteristics of products that will meet the
Government's needs. Where a component of an item is described in the
solicitation by a brand name or equal purchase description and the
contracting officer determines that application of the provision of
1952.210-70 would be impracticable, the requirement to include the entry
described in 1910.004-72(a) shall not apply. If the provision is
included in the solicitation for other reasons, there also shall be
included in the solicitation a statement to identify either the
component parts (described by brand name or equal descriptions) to which
the provision applies or those to which it does not apply. This also
applies to accessories related to an end item where a brand name or
equal purchase description of the accessories is a part of the
description of an end item. Brand name or equal descriptions shall not
be used to acquire a particular product under the guise of competitive
acquisition to the exclusion of other products that would meet the
actual needs.
(b) In small purchases within the open market limitations, brand name
policies and procedures shall be applicable to the extent practicable.
(c) Approval required. A brand name or equal purchase description
shall not be used unless it has been approved at one level above the
contracting officer.
48 CFR 1910.004-72 Solicitations, brand name or equal descriptions.
(a) An entry substantially as follows shall be prominently inserted
in the item listing after each item or component part of an end item to
which a brand name or equal purchase description applies.
Bidding on:
Manufacturer's Name:
Brand:
No.:
(b) Because bidders frequently overlook the requirements of the
clause at 1952.210-70 ''Brand Name or Equal,'' the following note shall
be inserted in the item listing after each brand name or equal item (or
component part), or at the bottom of each page, listing several such
items, or in a manner that may otherwise direct the offeror's attention
to this clause.
Offerors offering other than brand name items identified herein
should furnish with their offers adequate information to ensure that a
determination can be made as to equality of the product(s) offered (see
the provision ''Brand Name or Equal'' set forth in 1952.210-70 of the
solicitation).
(c) If offeror samples are requested for brand name or equal
acquisitions, the above notice shall not be included in the
solicitation.
48 CFR 1910.004-73 Offer evaluation and award, brand name or equal
descriptions.
An offer may not be rejected for failure of the offered product to
equal a characteristic of a brand name product if it was not specified
in the brand name or equal description. However, if it is clearly
established that the unspecified characteristic is essential to the
intended end use, the solicitation is defective and no award may be
made. In such cases, the contracting officer should resolicit the
requirements, using a purchase description that sets forth the essential
characteristics.
48 CFR 1910.004-74 Procedure for negotiated procurements and small
purchases.
(a) The policies and procedures prescribed for sealed bid
procurements shall be generally applicable to negotiated procurements.
(b) The clause set forth at 1952.210-70 may be adapted for use in
negotiated procurements. If use of the clause is not practicable (as
may be the case in unusual and compelling urgency purchases), suppliers
shall be suitably informed that proposals offering products different
from the products referenced by brand name will be considered if the
contracting officer determines that the offered products meet fully the
salient characteristics requirements of the solicitation.
(c) In small purchases within open-market limitations, such policies
and procedures shall be applicable to the extent practicable.
48 CFR 1910.011 Solicitation provisions and contract clauses.
The Contracting Officer shall include the provision at 1952.210-70,
Brand Name or Equal, in solicitations for which brand name or equal
purchase is used.
48 CFR 1910.011 PART 1912 -- CONTRACT DELIVERY OR PERFORMANCE
Authority: 40 U.S.C. 486(c).
Source: 50 FR 13205, Apr. 3, 1985, unless otherwise noted.
48 CFR 1910.011 Subpart 1912.70 -- Delays
48 CFR 1912.701 Delays.
The Contracting Officer shall insert the clause at 1952.212-70 in all
USIA contracts.
48 CFR 1912.701 SUBCHAPTER C -- CONTRACTING METHODS AND CONTRACT TYPES
48 CFR 1912.701 PART 1913 -- SMALL PURCHASES AND OTHER SIMPLIFIED PURCHASE PROCEDURES
48 CFR 1912.701 Subpart 1913.1 -- General
Sec.
1913.106-70 Data to support small purchases over $1,000.
1913.107 Solicitation and evaluation of quotations.
48 CFR 1912.701 Subpart 1913.2 -- Blanket Purchase Agreements
1913.201 General.
1913.203 Establishment of blanket purchase agreements (BPA's).
1913.203-1 General.
48 CFR 1912.701 Subpart 1913.4 -- Imprest Fund
1913.404 Conditions for use.
1913.405 Procedures.
48 CFR 1912.701 Subpart 1913.5 -- Purchase Orders
1913.505 Purchase order and related forms.
1913.505-2 Agency order forms in lieu of Optional and Standard Forms.
Authority: 40 U.S.C. 486(c).
Source: 50 FR 13205, Apr. 3, 1985, unless otherwise noted.
48 CFR 1912.701 Subpart 1913.1 -- General
48 CFR 1913.106-70 Data to support small purchases over $1,000.
Form IA-21, Abstract of Quotations (see 1953.370-21) may be used to
satisfy documentation requirements of FAR 13.106(c).
48 CFR 1913.107 Solicitation and evaluation of quotations.
(a) Standard Form 18, Request for Quotations, shall be used to obtain
written quotations as prescribed in FAR 13.107(a) unless an equivalent
form has been authorized for use by the Agency Procurement Executive.
(See also FAR 53.103). Exceptions under this subpart shall be processed
through the Agency Procurement Executive.
(b) Quotations on standard contractor quotation forms may be accepted
when they provide sufficient information for fair and equal competitive
evaluation.
48 CFR 1913.107 Subpart 1913.2 -- Blanket Purchase Agreements
48 CFR 1913.201 General.
The Agency Procurement Executive may require that only contracting
officers make purchases under a blanket purchase agreement.
1913.203 Establishment of blanket purchase agreements (BPA's).
48 CFR 1913.203-1 General.
Blanket purchase agreements shall be established and administered in
accordance with Agency instructions.
48 CFR 1913.203-1 Subpart 1913.4 -- Imprest Fund
48 CFR 1913.404 Conditions for use.
Imprest funds may be used for small purchases when the transaction
does not exceed $150 ($300) under emergency conditions.
48 CFR 1913.405 Procedures.
(a) The individual making an approved purchase from the imprest fund
shall be responsible for compliance with documentation requirements.
(b) The individual having acquisition authority to approve purchases
from the imprest fund shall be responsible for checking the authorized
purchase requisition for compliance with the internal control
requirements.
48 CFR 1913.405 Subpart 1913.5 -- Purchase Orders
1913.505 Purchase order and related forms.
48 CFR 1913.505-2 Agency order forms in lieu of Optional and Standard
Forms.
(a) Optional Forms 347 and 348 shall be used as prescribed in FAR
13.505 unless an equivalent form has been authorized for use by the
Agency Procurement Executive (or Designee). Exceptions may be granted,
on a case-by-case basis, in order to accommodate computer-generated
purchase order forms. Exception approval for over printing (FAR 53.104)
is not needed.
(b) USIA Form IA-44 (see 1953.370-44) is authorized for use when
obtaining nonpersonal services on an intermittent basis for such
services as script writers, translators, narrators, etc.
48 CFR 1913.505-2 PART 1915 -- CONTRACTING BY NEGOTIATION
48 CFR 1913.505-2 Subpart 1915.1 -- General Requirements for Negotiation
Sec.
1915.106 Contract clauses.
1915.106-70 Key personnel and facilities.
Authority: 40 U.S.C. 486(c).
Source: 50 FR 13205, Apr. 3, 1985, unless otherwise noted.
48 CFR 1913.505-2 Subpart 1915.1 -- General Requirements for Negotiation
1915.106 Contract clauses.
48 CFR 1915.106-70 Key personnel and facilities.
Whenever contractor selection has been substantially predicated on
the contractor's possession of special capabilities (i.e., personnel
and/or facilities) the contracting officer shall include the clause at
1952.215-70 in the awarded contract.
48 CFR 1915.106-70 PART 1917 -- SPECIAL CONTRACTING METHODS
Authority: 40 U.S.C. 486(c).
Source: 50 FR 13205, Apr. 3, 1985, unless otherwise noted.
48 CFR 1915.106-70 Subpart 1917.1 -- Multiyear Contracting
48 CFR 1917.102 Policy.
When consistent with 22 U.S.C. 1472(b), the Head of the Agency may
approve multiyear contracts up to five years.
48 CFR 1917.102 SUBCHAPTER D -- SOCIOECONOMIC PROGRAMS
48 CFR 1917.102 PART 1919 -- SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS
48 CFR 1917.102 Subpart 1919.2 -- Policies
Sec.
1919.201 General policy.
1919.201-70 Director, Office of Small and Disadvantaged Business
Utilization.
Authority: 40 U.S.C. 486(c).
Source: 50 FR 13205, Apr. 3, 1985, unless otherwise noted.
48 CFR 1917.102 Subpart 1919.2 -- Policies
48 CFR 1919.201 General policy.
The Agency Procurement Executive shall also serve as the Director,
Office of Small and Disadvantaged Business Utilization (OSDBU).
48 CFR 1919.201-70 Director, Office of Small and Disadvantaged Business
Utilization.
The Director, OSDBU, is responsible for the implementation and
execution of the small, and small, disadvantaged business programs
required by sections 8 and 15 of the Small Business Act, as amended, and
provides guidance and advice, as appropriate, to agency program and
contracts officials. The Director, OSDBU, is the central point of
contact for general inquiries concerning the small and disadvantaged
business programs from industry, the Small Business Administration
(SBA), and from the Congress. The Director, OSDBU, shall represent the
Agency in discussions with other Government agencies on small and small
disadvantaged business matters.
48 CFR 1919.201-70 PART 1922 -- APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
48 CFR 1919.201-70 Subpart 1922.3 -- Contract Work Hours and Safety
Standards Act
Sec.
1922.305 Contract clauses.
48 CFR 1919.201-70 Subpart 1922.4 -- Labor Standards for Contracts
Involving Construction
1922.470 Contract clauses.
48 CFR 1919.201-70 Subpart 1922.70 -- Service Contract Act of 1965
1922.7001 Clause for contracts over $2,500.
Authority: 40 U.S.C. 486(c).
Source: 50 FR 13205, Apr. 3, 1985, unless otherwise noted.
48 CFR 1919.201-70 Subpart 1922.3 -- Contract Work Hours and Safety Standards Act
48 CFR 1922.305 Contract clauses.
The Contracting Officer shall insert the clauses at 1952.222-82 and
1952.222-83 in lieu of the clause at FAR 52.222-4 until such time as the
latter is updated to reflect the requirements of DOL Regulations, 29 CFR
5.5(c), implemented by FPR Temp. Reg. 70, dated June 28, 1983, 48 FR
31028 July 6, 1983.
48 CFR 1922.305 Subpart 1922.4 -- Labor Standards for Contracts Involving Construction
48 CFR 1922.470 Contract clauses.
(a) Except as required by 1922.470(b), every construction contract in
excess of $2,000 (or of such other amount as may be specificallly
indicated) for work within the United States shall include the following
clauses:
Davis-Bacon Act (40 U.S.C. 276a-276a-7) clause of 1952.222-70.
Contract Work Hours and Safety Standards Act Overtime Compensation
(40 U.S.C. 327-333) clause at 1952.222-71.
Apprentices and Trainees clause at 1952.222-72.
Payrolls and Basic Records clause at 1952.222-73.
Compliance with Copeland Act Requirements clause at 1952.222-74.
Withholding clause at 1952.222-75.
Subcontracts clause at 1952.222-76.
Contract Termination; Debarment clause at 1952.222-77.
Disputes Concerning Labor Standards clause at 1952.222-78.
Compliance with Davis-Bacon and Related Act Requirements clause at
1952.222-79.
Certification of Eligibility clause at 1952.222-80.
(b) Every construction contract in excess of $2,000 for work outside
the United States, but which is nevertheless subject to the Contract
Work Hours and Safety Standards Act as set forth in FAR subpart 22.3,
shall include the Work Hours and Safety Standards Act Overtime
Compensation clause at 1952.222-71.
48 CFR 1922.470 Subpart 1922.70 -- Service Contract Act of 1965
48 CFR 1922.7001 Clause for contracts over $2,500.
The Contracting Officer shall insert in full text the clause at
1952.222-81, Service Contract Act of 1965, As Amended, in solicitations
and contracts, in excess of $2,500, or in an indefinite amount, the
principal purpose of which is to furnish services through the use of
service employees.
48 CFR 1922.7001 SUBCHAPTER E -- GENERAL CONTRACTING REQUIREMENTS
48 CFR 1922.7001 PART 1927 -- PATENTS, DATA, AND COPYRIGHTS
48 CFR 1922.7001 Subpart 1927.4 -- Rights in Data and Copyrights
Sec.
1927.400 Scope of subpart.
1927.401 Definitions.
1927.402 Policy.
1927.403 Procedures.
1927.404 Acquisition of data.
1927.405 Solicitation provisions and contract clauses.
Authority: 40 U.S.C. 486(c).
Source: 50 FR 13206, Apr. 3, 1985, unless otherwise noted.
48 CFR 1922.7001 Subpart 1927.4 -- Rights in Data and Copyrights
48 CFR 1927.400 Scope of subpart.
This subpart sets forth policies, procedures, and instructions with
respect to (a) rights in data and copyrights and (b) requirements for
data.
48 CFR 1927.401 Definitions.
Computer Software, as used in this subpart, means computer programs,
computer data bases, and documentation thereof.
Data, as used in this subpart, means recorded information, regardless
of form or the media on which it may be recorded. The term includes
computer software. The term does not include information incidental to
contract administration, such as contract cost analysis or any
financial, business and management information required for contract
administration purposes.
Form, fit, and function data, as used in this subpart, means data
relating to, and sufficient to enable, physical and functional
interchangeability; as well as data identifying source, size,
configuration, mating and attachment characteristics, functional
characteristics, and performance requirements.
Limited-rights, as used in this subpart, means the rights of
Government in limited-rights data, as set forth in a Limited Rights
Notice if included in the data rights clause of the contract.
Limited-rights data, as used in this subpart, means data that
embodies trade secrets or is commercial or financial and confidential or
privileged, to the extent that such data pertains to items, components
or processes developed at private expense, including minor modifications
thereof. (Agencies may, however, adopt the following alternate
definition: Limited-rights data, as used in this subpart, means data
developed at private expense that embodies trade secrets or is
commercial or financial and confidential or privileged.)
Restricted computer software, as used in this subpart, means computer
software developed at private expense and that is a trade secret, is
commercial or financial and confidential or privileged, or is published
copyrighted computer software.
Restricted rights, as used in this subpart, means the rights of the
Government in restricted computer software as set forth in a Restricted
Rights Notice if included in a data rights clause of the contract or as
otherwise may be included or incorporated in the contract.
Technical data, as used in this subpart, means recorded information,
regardless of form or characteristic, of a scientific or technical
nature. It may, for example, document research, experimental,
developmental, or engineering work; or be usable or used to define a
design or process or to procure, produce, support, maintain, or operate
material. The data may be graphic or pictorial delineations in media
such as drawings or photographs; text in specifications or related
performance or design type documents; or computer printouts. Examples
of technical data include research and engineering data, engineering
drawings and associated lists, specifications, standards, process
sheets, manuals, technical reports, catalog item identifications and
related information, and computer software documentation. Technical
data does not include computer software of financial, administrative,
cost and pricing, and management data, or other information incidental
to contract administration.
Unlimited rights, as used in this subpart, means the right of the
Government to use, disclose, reproduce, prepare derivative works,
distribute copies to the public, and perform publicly and display
publicly, in any manner and for any purpose, and to have or permit
others to do so.
48 CFR 1927.402 Policy.
(a) It is necessary for the U.S. Information Agency in order to carry
out its missions and programs, to acquire or obtain access to many kinds
of data produced during or used in the performance of its contracts.
Such data may be required to: obtain competition among suppliers;
fulfill certain responsibilities for disseminating and publishing the
results of USIA activities; insure appropriate utilization of the
results of research, development, and demonstration activities; and
meet other programmatic and statutory requirements. At the same time,
the Government recognizes that its contractors may have a property right
or other valid economic interest in certain data resulting from private
investment, and that protection from unauthorized use and disclosure of
this data is necessary in order to prevent the compromise of such
property right or economic interest, avoid jeopardizing the contractor's
commercial position, and maintain the Government's ability to obtain
access to our use of such data.
(b) The protection of this data by the Government is necessary to
encourage qualified contractors to participate in Government programs
and apply innovative concepts to such programs. The specific procedures
and prescriptions for use of solicitation provisions and contract
clauses set forth below are framed in light of the above considerations
to strike a balance between the Government's needs and the contractor's
property rights and economic interests.
48 CFR 1927.403 Procedures.
(a) General. All contracts that require data to be produced,
furnished, or acquired must contain terms that delineate the respective
rights and obligations of the Government and the contractor regarding
the use, duplication, and disclosure of such data, except certain
contracts resulting from sealed bidding that require only existing data
(other than limited-rights data and restricted computer software) to be
delivered and reproduction rights are not needed for such data. As a
general rule, the data rights clause at 1952.227-70, Rights in Data --
General, where determined appropriate by the Agency as discussed in
paragraph (b) of this section, is to be used for this purpose. However,
certain types of contracts, the particular subject matter of a contract,
or the intended use of the data, may require the use of other clauses or
no clause at all, as discussed in paragraphs (c), (d), (e), and (f) of
this section.
(b) Basic Rights in Data -- (1) Summary. The clause at 1952.227-70,
Rights in Data -- General, is structured to strike a balance between
USIA's needs in carrying out its missions and programs and the
contractor's needs to protect property rights and valid economic
interests in certain data arising out of private investment. This
clause enables the contractor to protect from unauthorized use and
disclosure data that qualifies as limited-rights data or restricted
computer software (see paragraph (b)(2) of this section, for an
alternate definition of limited-rights data). This clause also
specifically delineates the categories or types of data that USIA is to
acquire with unlimited rights (see paragraph (b)(3) of this section).
The contractor may protect qualifying limited-rights data and restricted
computer software under this clause by either withholding such data from
delivery to USIA, or when USIA has a need to obtain delivery of
limited-rights data or restricted computer software, by delivering such
data with limited rights or restricted rights with authorized notices on
the data. (See paragraphs (b) (4) and (5) of this section.) In
addition, this clause enables contractors to establish and/or maintain
copyright protection for data first produced and/or delivered under the
contract, subject to certain license rights in the Government. (See
paragraph (b)(6) of this section.) This clause also includes procedures
that apply when the Government questions whether notices on data are
authorized (see paragraph (b)(7) of this section) or when a contractor
wishes to add or correct omitted or incorrect notices on data (see
paragraph (b)(8) of this section); addresses the contractor's right to
release, publish or use certain data involved in contract performance
(see paragraph (b)(9) of this section); and provides for the
possibility for the Government to inspect certain data at the
contractor's facility (see paragraph (b)(10) of this section).
(2) Alternate definition of limited-rights data. In the clause at
1952.227-70, Rights in Data -- General, in order for data to qualify as
limited-rights data, in addition to being data that either embodies a
trade secret or is data that is commercial or financial and confidential
or privileged, such data must also pertain to items, components, or
processes developed at private expense, including minor modifications
thereof. However, where appropriate, the contracting officer may
determine to adopt in the clause the alternate definition for
limited-rights data that does not require that such data pertain to
items, components, or processes developed at private expense; but
rather that the data that either embodies a trade secret or is
commercial or financial and confidential or privileged be produced at
private expense in order to qualify as limited-rights data. As an
example, the alternate definition may be used where the principal
purpose of a contract does not involve the development, use or delivery
of items, components, or processes that are intended to be acquired for
use by or for the Government (either under the contract in question or
any anticipated follow-on contracts relating to the same subject
matter). Other examples include contracts for market research and
surveys, economic forecasts, socioeconomic reports, educational
material, health and safety information, management analysis, and
related matters.
(3) Unlimited-rights data. Under the clause at 1952.227-70, Rights
in Data -- General, the Government acquires unlimited rights in the
following data except as provided in paragraph (b)(6) of this section,
for copyrighted data: (i) Data first produced in the performance of a
contract; (ii) form, fit, and function data delivered under contract;
(iii) data (except as may be included with restricted computer software)
that constitutes manuals or instructional and training material for
installation, operation, or routine maintenance and repair delivered
under a contract; and (iv) all other data delivered under the contract
unless such data qualifies as limited-rights data or restricted computer
software. If any of the foregoing data is published copyrighted data,
the Government acquires it under a copyright license as set forth in
paragraph (b)(6) of this section rather than with limited rights or
restricted rights.
(4) Protection of limited-rights data. (i) The contractor may
protect data (other than unlimited rights data or published copyrighted
data) that qualifies as limited-rights data under the clause at
1952.227-70, Rights in Data -- General, by withholding such data from
delivery and providing form, fit, and function data in lieu thereof;
or, if and USIA specifies the delivery of the data, by delivering such
data with limitations on its use and disclosure. These two modes of
protection afforded the contractor (i.e., withhold, or deliver with
limited rights) are provided for in paragraph (g) of the clause at
1952.227-70, Rights in Data -- General. Subparagraph (g)(1) of this
clause allows the contractor to withhold limited-rights data and provide
form, fit, and function data in lieu thereof. Alternate II adds
subparagraph (g)(2) to this clause to enable USIA selectively to obtain
the delivery withheld or withholdable data with limited rights. The
limitations on the Governments rights to use and disclose limited-rights
data when the clause is used are set forth in a ''Limited Rights
Notice'' that the contractor is required to affix to such data. The
specific limitations in the Notice are described below.
(ii) Limited-rights data delivered to the Government with the Limited
Rights Notice contained in subparagraph (g)(2) will not, without
permission of the contractor, be used by the Government for purposes of
manufacture, and will not be disclosed outside the Government except for
certain limited purposes as may be set forth in the Notice, and then
only if the Government makes the disclosure subject to prohibition
against further use and disclosure by the recipient. The following are
examples of specific purposes which may be selected by an agency and
added to the Limited Rights Notice of subparagraph (g)(2) of the clause:
(A) Use by support service contractors.
(B) Evaluation by nongovernment evaluators.
(C) Use by other contractors participating in the USIA program of
which this contract is a part, for information and use in connection
with the work performed under their contracts.
(D) Emergency repair or overhaul work.
(E) Release to a foreign government, as the interests of the United
States may require, for information or evaluation, or for emergency
repair of overhaul work by such Government.
(iii) As an aid in determining whether the clause should be used with
its Alternate II, the provision at 1952.227.71, Notification of Limited
Rights Data and Restricted Computer Software, may be included in any
solicitation containing the clause at 1952.227-70, Rights in Data --
General. In addition, the need for Alternate II should be considered
during the negotiations of a contract, particularly if negotiations are
based on an unsolicited proposal. However, use of the clause at
1952.227-70, Rights in Data -- General, without Alternate II does not
preclude this Alternate from being used subsequently by amendment during
contract performance should the need arise for delivery of
limited-rights data that has been withheld or identified as
withholdable.
(5) Protection of restricted computer software. (i) If computer
software qualifies as restricted computer software, the clause at
1952.227-70, Rights in Data -- General, permits the contractor to
protect such software by either withholding it from delivery and
providing form, fit, and function data in lieu thereof; or if USIA
specifies delivery of the software, by delivering the software with
restricted rights regarding its use, disclosure, and reproduction. The
two modes of protection afforded the contractor (i.e. withhold or
deliver with restricted rights) are provided for in paragraph (g) of the
clause at 1952.227-70, Rights in Data -- General. Subparagraph (g)(1)
of this clause allows the contractor to withhold restricted computer
software and provide form, fit, and function data in lieu thereof.
Alternate III adds subparagraph (g)(3) to this clause to enable the
Government selectively to obtain delivery of the withheld or
withholdable computer software with restricted rights. The restrictions
on the Government's right to use, disclose, and reproduce restricted
computer software when the clause is used with its Alternate III are set
forth in a ''Restricted Rights Notice'' that the contractor is required
to affix to such computer software. When restricted computer software
delivered with such Notice is published copyrighted computer software,
it is acquired with a restricted copyright license, without disclosure
prohibitions, as also set forth in the Notice. The specific
restrictions in the Notice are set forth below.
(ii) Restricted computer software delivered with the Restricted
Rights Notice of subparagraph (g)(3) will not be used or reproduced by
the Government, or disclosed outside the Government, except that the
computer software may be:
(A) Used, or copied for use in or with the computer for which it was
acquired, including use at any Government installation to which such
computer or computers may be transferred;
(B) Used, or copied for use in or with a backup computer if the
computer or computers for which it is acquired is inoperative;
(C) Reproduced for safekeeping (archives) or backup purposes;
(D) Modified, adapted, or combined with other computer software,
provided that the modified, combined, or adapted portions of any
derivative software incorporating restricted computer software are made
subject to the same restricted rights; and
(E) Disclosed and reproduced by support contractors or their
subcontractors, subject to the same restrictions under which USIA
acquired the software.
(iii) The restricted rights set forth in 1927.403(b)(5)(ii) of this
part are the minimum rights the Government normally obtains with
restricted computer software and will automatically apply when such
software is acquired under the Restricted Rights Notice of paragraph
(g)(3) of the clause. However, either greater or lesser rights,
consistent with the purposes and needs for which the software is to be
acquired, may be specified in the contract. Any additions to, or
limitations on, the restricted rights set forth in the Restricted Rights
Notice of paragraph (g)(3) of the clause are to be expressly stated in
the contract; or, with approval of the contracting officer, in a
collateral agreement incorporated in and made part of the contract.
(See paragraph (d)(2) of this section.)
(iv) As an aid in determining whether the clause should be used with
its Alternate III, the provision at 1952.227-71, Notification of Limited
Rights Data and Restricted Computer Software, may be included in any
solicitation containing the clause at 1952.227-70, Rights in Data --
General. In addition, the need for Alternate III should be considered
during negotiations of a contract, particularly if negotations are based
on an unsolicited proposal. However, use of the clause at 1952.227-70,
Rights in Data -- General, without Alternate III does not preclude this
Alternate from being used subsequently by amendment during contract
performance, should the need arise for the delivery of restricted
computer software that has been withheld or identified as withholdable.
(6) Copyrighted data. (i) Data first produced in the performance of
a contract. (A) In order to enhance the transfer or dissemination of
information produced at Government expense, contractors may be permitted
to establish claim to copyright subsisting in data first produced in the
performance of work under a contract containing the clause at
1952.227-70, Rights in Data -- General. This right is granted in
subparagraph (c)(1) of the clause for any data first produced under the
contract. USIA may, however, specifically exclude items or categories
of data from the right of the contractor to establish claim to copyright
when appropriate; for example, where the data is to be disseminated in
useful form by the Government. Also, agencies having programs for the
transfer or dissemination of information resulting from its programs
may, by use of the clause, include a substitute subparagraph (c)(1) in
the clause to limit the right of the contractor granted in subparagraph
(c)(1) to establish claim of copyright to scientific and technical
articles based on or derived from work performed under the contract and
published in academic, professional, or technical journals. However,
permission may be granted to establish claim to copyright in all other
data in accordance with the procedures set forth below.
(B) Usually permission for a contractor to establish claim to
copyright for data first produced under the contract will be granted
when copyright protection will enhance the appropriate transfer or
dissemination of such data. The request for permission must be in
writing, and may be made either at the time of contracting or
subsequently during contract performance. It should identify the data
involved or furnish a copy of the data for which permission is
requested, as well as a statement as to the intended publication or
dissemination media or other purpose for which copyright is desired.
The request normally will be granted unless:
(1) The data consists of a report that represents the official views
of USIA or that USIA is required by statute to prepare;
(2) The data is intented primarily for internal use by the
Government;
(3) The data is of the type that USIA itself distributes to the
public under an established program; or
(4) USIA determines that limitation on distribution of the data is in
the national interest.
(C) Whenever a contractor establishes claim to copyright subsisting
in data first produced in the performance of a contract, the Government
normally is granted a paid-up, nonexclusive, irrevocable, worldwide
license to reproduce, prepare derivative works, distribute to the
public, perform publicly and display publicly by or on behalf of the
Government, for all such data, as set forth in subparagraph (c)(1) of
the clause at 1952.277-70, Rights in Data -- General. However, USIA may
on a case-by-case basis or on a class basis obtain on equitable terms a
license of lesser scope than set forth in subparagraph (c)(1) of the
clause if USIA determines that such lesser license will substantially
enhance the transfer or dissemination of any data first produced under
the contract.
(ii) Data not first produced in the performance of a contract. (A)
Contractors are not to incorporate in data delivered under contract any
data not first produced under the contract with the copyright notice of
17 U.S.C. 401 or 402 without either: Acquiring for, or granting to the
Government and others acting on its behalf, a paid-up, nonexclusive,
irrevocable, worldwide license to reproduce, prepare derivative works,
distribute copies to the public, and perform publicly and display
publicly, by or on behalf of the Government, for all such data; or
obtaining permission from the contracting officer to do otherwise.
However, if computer software not first produced under contract is
delivered with the copyright notice of 17 U.S.C. 401 or 402, the
Government's license will be as set forth in subparagraph (g)(3) if
included in the clause at 1952.277-70, Rights in Data -- General, or as
otherwise may be provided in a collateral agreement incorporated in or
made part of the contract.
(B) Contractors delivering data with an authorized limited rights or
restricted rights notice and a copyright notice of 17 U.S.C. 401 or 402
should modify the copyright notice to include the following (or similar)
statement: ''Unpublished -- all rights reserved under the copyright
laws.'' If this statement is omitted, the contractor may be afforded
opportunity to correct it in accordance with 1927.403(b)(8). Otherwise,
data delivered with a copyright notice 17 U.S.C. 401 or 402 may be
presumed to be published copyrighted data subject to the applicable
rights set forth in paragraph (b)(6)(i)(A) of this section, without
disclosure limitations or restrictions.
(C) If contractor action causes limited rights or restricted rights
data to be published with copyright notice after its delivery to the
Government, the Government is relieved of disclosure and use limitations
and restrictions regarding such data, and the contractor should advise
the Government and request that a copyright notice be placed on the
data, and acknowledge the applicable copyright license.
(7) Unauthorized marking of data. The Government has, in accordance
with paragraph (e) of the clause at 1952.227-70, Rights in Data --
General, the right either to return to the contractor data containing
markings not authorized by that clause or to cancel or ignore such
markings. However, markings will not be cancelled or ignored without
making written inquiry of the contractor and affording the contractor at
least 30 days to substantiate the propriety of the markings. The
contracting officer will also give the contractor notice of any
determination made based on any response by the contractor. Any such
determination to cancel or ignore the markings shall be a final decision
under the Contract Disputes Act. Failure of the contractor to respond
to the contracting officer's inquiry within the time afforded may,
however, result in Government action to cancel or ignore the markings.
The above procedures may be modified in accordance with USIA regulations
implementing the Freedom of Information Act (5 U.S.C. 552) if necessary
to respond to a request for data thereunder.
(8) Omitted or incorrect notices. (i) Data delivered under a
contract containing the clause at 1952.227-70, Rights in Data --
General, without a limited-rights notice or restricted rights notice, or
without a copyright notice, shall be presumed to have been delivered
with unlimited rights, and the Government assumes no liability for the
disclosure, use or reproduction of such data. However, to the extent
the data has not been disclosed without restriction outside the
Government, the contractor may within six months (or a longer period
approved by the contracting officer for good cause shown) request
permission of the contracting officer to have omitted limited rights or
restricted rights notices, as applicable, placed on qualifying data at
the contractor's expense, and the contracting officer may agree to so
permit if the contractor --
(A) Identifies the data for which a notice is to be added or
corrected;
(B) Demonstrates that the omission of the proposed notice was
inadvertent;
(C) Establishes that use of the proposed notice is authorized; and
(D) Acknowledges that the Government has no liability with respect to
any disclosure or use of any such data made prior to the addition of the
notice or resulting from omission of the notice.
(ii) The contracting officer may also (A) permit correction at the
contractor's expense of incorrect notices if the contractor identifies
the data on which correction of the notice is to be made and
demonstrates that the correct notice is authorized, or (B) correct any
incorrect notices.
(9) Release, publication and use of data. (i) In the clause at
1952.227-70, Rights in Data -- General, paragraph (d) provides that
contractors normally have the right to use, release to others,
reproduce, distribute, or publish data first produced or specifically
used by the contractor in the performance of a contract; however, to
the extent the contractor receives or is given access to data that is
necessary for the performance of the contract and the data contains
restrictive markings, the contractor agrees to treat the data in
accordance with such markings, unless otherwise specifically authorized
in writing by the contracting officer.
(ii) USIA may, on a case-by-case basis, or on a class basis, place
further limitations or restrictions on the contractor's right to use,
release to others, reproduce, distribute or publish any data first
produced (but not data specifically used) in the performance of the
contract. Such restrictions are not to be imposed on a class basis
unless they are pursuant to statutory requirements, determined to be
necessary in the furtherance of USIA mission objectives, or determined
to be necessary in support of specific USIA programs.
(10) Inspection of data at the contractor's facility. USIA may
obtain the right to inspect data at the contractor's facility by use of
paragraph (j) of the clause to provide that right in the clause at
1952.227-70, Rights in Data -- General. The data subject to inspection
may be data withheld or withholdable under subparagraph (g)(1) of the
clause, or any data specifically used in the performance of the
contract. Such inspection may be made by the contracting officer or
representative for the purpose of verifying a contractor's assertion
regarding the limited rights or restricted rights status of the data, or
for evaluating work performance under the contract. This right may be
exercised at all reasonable times up to three years after acceptance of
all items to be delivered under the contract. The contract may specify
data items that are not subject to inspection under paragraph (j) of the
clause. If the contractor demonstrates to the contracting officer that
there would be a possible conflict of interest if inspection were made
by a particular representative, the contracting officer shall designate
an alternate representative.
(c) Production of special works. (Reserved)
(d) Acquisition of existing data other than limited-rights data.
(Reserved)
(e) Specific Acquisition of Unlimited Rights in Technical Data. (1)
Notwithstanding any other provision of this subsection the Government
may acquire unlimited rights in any limited rights technical data by
means of negotiation with an individual contractor or subcontractor, or
as a part of a competition among several contractors or subcontractors.
Such individual negotiation or competition may be conducted either by
the Government, or upon Government request by the prime contractor or
higher-tier subcontractor. Such unlimited rights in technical data
shall be stated in the contract schedule as a separate item and shall be
separately priced. Unlimited rights in technical data shall not be
acquired under this paragraph unless it is determined after a finding
upon a documented record that --
(i) There is a clear need for reprocurement of the item, component,
or process to which the technical data pertains;
(ii) There is no suitable item, component or process of alternate
design or availability;
(iii) The item or component can be manufactured or the process
performed through the use of such technical data by other competent
manufacturers, without the need for additional technical data which
cannot be purchased reasonably or is not readily obtained by other
economic means; and
(iv) Anticipated net savings in reprocurements will exceed the
acquisition cost of the technical data and rights therein.
(2) The analysis and findings referred to in paragraph (b)(1) of this
section, shall specifically identify each item, component or process and
the particular technical data therefor which is to be purchased.
(3) When all technical data is to be acquired under any contract with
unlimited rights in accordance with the findings of paragraph (f)(1) of
this section, the clause at 1952.227-75, Rights in Technical Data --
Specific Acquisition, shall be used.
(f) Architect-engineer and construction contracts -- (1) General.
This section sets forth policies, procedures, implementing instructions,
solicitation provisions, and contract clauses pertaining to data,
copyrights, and designs unique to the acquisition of construction and
architect-engineer services.
(2) Acquisition and use of plans, specifications, and drawings -- (i)
Plans and specifications and as-built drawings. Insert the clause at
1952.227-76 Government Rights (Unlimited), in solicitations and
contracts calling for architect-engineer services or in contracts for
construction involving architect-engineer services.
(ii) Shop drawings for construction. In acquiring shop drawings for
construction, the Government shall obtain the unlimited rights to use
and reproduce such drawings, but shall not exclude a similar right in
the designer or others. Accordingly, in solicitations and contracts
calling for delivery of such drawings, insert the clause at 1952.227-77,
Rights in Shop Drawings.
(3) Contracts for construction supplies and research and development
work. The solicitation provisions and contract clauses in subpart
1927.4 relating to technical data, other data, computer software, and
copyrights and prescribed for use in solicitation and contracts for the
acquisition of other than construction or architect-engineer services
are applicable when the acquisition is limited to either (i)
construction supplies or materials as such, as distinguished from
construction as defined in FAR 36.102; (ii) experimental,
developmental, or research work, or test and evaluation studies of
structures, equipment, processes, or materials for use in construction;
or (iii) both. The right of the Government and others to use,
duplicate, or disclose such data or computer software will be determined
by the terminology of the applicable clauses in the contracts or the
terminology of agreements recited-in or made part of the contracts.
(4) Mixed contracts. When solicitations and resulting contracts call
for (i) supplies or materials, (ii) experimental, developmental or
research work, or (iii) both, in addition to either construction or
architect-engineer work, the solicitation provisions and contract
clauses in subpart 1927.4 relating to technical data, other data,
computer software, and copyrights and prescribed for use in
solicitations and contracts for the acquisition of other than
construction or architect-engineer services shall be included in such
solicitations and resultant contracts in addition to the appropriate
solicitation provisions and contract clauses prescribed for use in
solicitation and contracts for construction or architect-enginner
services. In such cases, the solicitations and resulting contracts
shall clearly indicate which of the solicitation provisions and contract
clauses apply only to the supplies or materials being acquired, or to
experimental, developmental, or research work, or to both, and which of
the solicitation provisions and contract clauses apply only to the
construction or architect-engineer work.
48 CFR 1927.404 Acquisition of data.
(a) General. (1) It is important to recognize and maintain the
conceptual distinction between contract terms whose purpose is to
identify the data required for delivery to, or made available to, the
Government (i.e., data requirements) and those contract terms whose
purpose is to define the respective rights of the Government and the
contractor in such data (i.e., data rights). This section relates to
data requirements; 1927.403 relates to the data rights.
(2) It is the Government's practice to determine, to the extent
feasible, its data requirements in time for inclusion in solicitations.
The data requirements are subject to revision during contract
negotiations. Since the preparation, reformatting, maintenance and
updating, cataloging, and storage of data represents an expense to both
the Government and the contractor, efforts should be made to keep the
contract data requirements to a minimum.
(3) To the extent feasible, all known data requirements, including
the time and place for delivery and any limitations and restriction to
be imposed on the contractor in the handling of the data, shall be
specified in the contract.
(b) Additional data requirements. Recognizing that in some
contracting situations, such as experimental, developmental, research,
or demonstration contracts, it may not be possible or appropriate to
ascertain all the data requirements at the time of contracting, the
clause at 1952.227-72, Additional Data Requirements, is provided to
enable the subsequent ordering by the Government of additional data
first produced or specifically used in the performance of such contracts
as the actual requirements become known. Data may be ordered under the
clause at any time during contract performance or within a period of
three years after acceptance of all items to be delivered under the
contract. The contractor is to be compensated for converting the data
into the prescribed form, for reproduction, and for delivery. In order
to minimize storage costs for the retention of data, the contractor may
be relieved of retention requirements for specified data items by the
contracting officer at any time during the retention period required by
the clause. Any data ordered under the clause will be subject to the
Rights in Data -- General clause in the contract and data authorized to
be withheld under that clause will not be required to be delivered under
this Additional Data Requirements clause.
48 CFR 1927.405 Solicitation provisions and contracts clauses.
(a) Rights in Data -- General. (1) The contracting officer shall
insert the clause at 1952.227-70, Rights in Data -- General, (see
1927.403(b)) in solicitations and contracts if it is contemplated that
data will be produced, furnished, or acquired under the contract, except
that such clause shall not be used in solicitations and contracts --
(i) For the production of special works. (Reserved)
(ii) For the separate acquisition of existing works. (Reserved)
(iii) When all technical data to be delivered is to be acquired with
unlimited rights pursuant to the policy at 1927.403(e) in which case the
clause at 1952.227-75, Rights in Technical Data -- Specific Acquisition
shall be used;
(iv) When performance will be limited solely to architect-engineer
services or construction pursuant to the policy at 1927.403(f), in which
case the clause at 1952.227-76, Government Rights (Unlimited) applies;
(v) To be performed outside the United States, its possessions, and
Puerto Rico, in which case the contracting officer may prescribe
different clauses (see paragraph (k) of this section).
(2) If the contracting officer determines, in accordance with
1927.403(b)(2), to adopt the alternate definition of ''Limited Rights
Data'' in paragraph (a) of the clause, the clause shall be used with its
Alternate I.
(3) If USIA needs to obtain the delivery of limited-rights data the
clause shall be used with its Alternate II (see 1927.403(b)(4)). The
contracting officer shall assure that the purposes, if any, for which
limited-rights data is to be disclosed outside the Government are
included in the ''Limited Rights Notice'' of paragraph (g)(2) of the
clause in accordance with 1927.403(b(4). The contract may exclude
identified items of data from delivery under paragraph (g)(2) of the
clause. Alternate II may be used at the time of contracting or
subsequently by amendment if the need to acquire limited-rights data
arises during contract performance.
(4) If USIA needs to obtain the delivery of restricted computer
software, the clause shall be used with its Alternate III (see
1927.403(b)(5).) Any greater or lesser rights regarding the use,
duplication, or disclosure of restricted computer software than those
set forth in the Restricted Rights Notice of paragraph (g)(3) of the
clause must be specified in the contract. Alternate III may be used at
the time of contracting or subsequently by amendment if the need to
acquire restricted computer software arises during contract performance.
(5) If USIA wishes to limit the automatic right of the contractor to
establish claim to copyright subsisting in data first produced in the
performance of the contract to scientific and technical articles based
on or derived from the work performed under the contract and published
in academic, technical, or professional journals, the clause shall be
used with its Alternate IV. (See 1927.403(b)(6).) Alternate IV provides
a substitute subparagraph (c)(1) in the clause with such limitation.
This subparagraph (c)(1) does, however, allow the contracting officer to
give permission to the contractor to establish claim to copyright
subsisting in other data first produced in the performance of the
contract, either at the time of contracting or subsequently during
contract performance, in accordance with 1927.403(b)(6).
(6) If USIA needs to have the right to inspect certain data at a
contractor's facility, the clause shall be used with its Alternate V.
(See 1927.403(b)(10).) Alternate V adds a paragraph (j) to the clause to
provide for such right, including the limitations thereon. Inspection
may be by the contracting officer or representative, and may be made at
all reasonable times up to 3 years after acceptance of all items to be
delivered under the contract. The contract may specify data items that
are not to be subject to inspection under paragraph (j) of the clause.
If the contractor demonstrates to the contracting officer that there
would be a possible conflict of interest if inspection were made by a
particular representative, the contracting officer shall designate an
alternate representative.
(b) If USIA desires to have an offeror state in response to a
solicitation, to the extent feasible, whether limited-rights data or
restricted computer software is likely to be used in meeting the data
requirements set forth in the solicitation, the contracting officer
shall insert the provision at 1952.227-71, Notification of
Limited-Rights Data and Restricted Computer Software, in any
solicitation containing the clause at 1952.227-70, Rights in Data --
General. The contractor's response will provide an aid in determining
whether the clause should be used with Alternate II and/or Alternate
III. (See 1927.403(b) (4) and (5).)
(c) The contracting officer shall insert the clause at 1952.227-72,
Additional Data Requirements, in solicitations and contracts involving
experimental, developmental, research, or demonstration work unless all
the requirements for data are believed to be known at the time of
contracting and specified in the contract. (See 1927.404.) This clause
may also be used in other contracts when considered appropriate. If the
clause at 1952.227-70, Rights in Data -- General, is used in the
contract with its Alternates II or III, the contracting officer may
permit the contractor to identify data the contractor does not wish to
deliver, and may specifically exclude in the contract any requirement
that such data be delivered under paragraph (g)(2) or (g)(3) of that
clause or ordered for delivery under the Additional Data Requirements
clause if such data is not necessary to meet the Government's
requirements for data. Also, the contracting officer may alter the
Additional Data Requirements clause by deleting the term ''or
specifically used''.
(d) Special Works. (Reserved)
(e) Existing Works. (Reserved)
(f) The contracting officer shall insert the clause at 1952.227-75,
Rights in Technical Data -- Specific Acquisition, in solicitations and
contracts when all technical data is to be acquired with unlimited
rights in accordance with 1927.403(e) (1), (2), and (3). The clause
shall also be included in subcontracts when the Government has
determined to acquire all technical data with unlimited rights from a
subcontractor in accordance with the authority and findings of
1927.403-2(e) (1), (2), and (3). The clause shall not be used under any
other circumstances.
(g) The contracting officer shall insert the clause at 1952.227-76,
Government Rights (Unlimited) in solicitations and contracts in
accordance with 1927.403(f)(2)(i).
(h) The contracting officer shall insert the clause at 1952.227-77,
Rights in Shop Drawings, in solicitations and contracts in accordance
with 1927.403(f)(2)(ii).
(i) While no specific clause of this subpart need be included in
contracts for the separate acquisition of existing computer software,
the contracting officer shall assure that the contract contains terms to
obtain sufficient rights for the Government to fulfill the need for
which the software is being acquired and is otherwise consistent with
1927.403(d)(2).
(j) While no specific clause of this subpart need be included in
contracts solely for the acquisition of books, publications and similar
items in the exact form in which such items exist prior to the request
for purchase (i.e., the off-the-shelf purchase of such items) (see
1927.403(d)(3)), if reproduction rights are to be acquired the contract
shall include terms addressing such rights. (See 1927.403(d)(3).)
(k) The contracting officer may prescribe, as appropriate, clauses
consistent with the policy of section 1927.402 in contracts to be
performed outside the United States, its possessions, and Puerto Rico.
(l) The Contracting Officer shall insert the clause at 1952.227-78,
Disposition of Prints and Videotape Recordings in License Agreements
which limit the period for distribution and exhibition of video-tape
programs and films.
48 CFR 1927.405 PART 1932 -- CONTRACT FINANCING
Authority: 40 U.S.C. 486(c).
Source: 50 FR 13212, Apr. 3, 1985, unless otherwise noted.
48 CFR 1927.405 Subpart 1932.1 -- General
48 CFR 1932.111 Contract clauses.
(a) The contracting officer shall insert one of the clauses at
1952.232-70 and 1952.232-71, Payment Due Date, in solicitations and
contracts. The contracting officer shall select the clause that is
applicable to the type of supplies or services being procured.
(b) The contracting officer shall insert the clauses 1952.232-72,
Interest on Overdue Payments, in solicitations and contracts.
(c) The contracting officer shall insert the clause at 1952.232-73,
Invoice Requirements, in solicitations and contracts for supplies or
services which require the submission of invoices.
(d) The contracting officer shall insert the clause at 1952.232-74,
Method of Payment, in all solicitations and contracts, except those
which are subject to simplified small purchase procedures.
48 CFR 1932.111 SUBCHAPTER G -- CONTRACT MANAGEMENT
48 CFR 1932.111 PART 1942 -- CONTRACT ADMINISTRATION
Authority: 40 U.S.C. 486(c).
Source: 50 FR 13212, Apr. 3, 1985, unless otherwise noted.
48 CFR 1932.111 Subpart 1942.2 -- Assignment of Contract Administration
48 CFR 1942.202-70 Authorized Representative of the Contracting Officer
(AR/CO).
The Contracting Officer may designate an appropriately qualified
Government employee to act as the Authorized Representative of the
Contracting Officer (AR/CO). Such designation shall apply to a single
contract, must be in writing, and shall define the scope and limitations
of the AR/CO's authority. The instrument designating an AR/CO shall not
contain authority to sign or agree to any contract or major modification
to a contract. Contractual commitments shall be made only by a duly
certified contracting officer. The Contracting Officer shall insert the
clause at 1952.242-70, Authorized Representative of the Contracting
Officer, in solicitations and contracts when an individual is to be
selected and designated by the Contracting Officer to perform
administration of a given contract(s).
48 CFR 1942.202-70 PART 1946 -- QUALITY ASSURANCE
Authority: 40 U.S.C. 486(c).
Source: 50 FR 13212, Apr. 3, 1985, unless otherwise noted.
48 CFR 1942.202-70 Subpart 1946.7 -- Warranties
48 CFR 1946.704 Authority for use of warranties.
(a) The procurement request initiator is responsible for preparing a
written recommendation for those purchases deemed to be appropriate for
application of warranty provisions. The recommendation shall state why
a warranty is appropriate by specifically addressing the criteria set
forth in FAR 46.703. The recommendation shall also identify the specific
parts, subassemblies, assemblies, systems, or contract line items to
which a warranty should apply.
(b) Prior to solicitation of the requirement, the contracting officer
shall make a written determination when a warranty provision is to be
included.
48 CFR 1946.704 SUBCHAPTER H -- CLAUSES AND FORMS
48 CFR 1946.704 PART 1952 -- SOLICITATION PROVISIONS AND CONTRACT
CLAUSES
Sec.
1952.000 Scope of part.
48 CFR 1946.704 Subpart 1952.1 -- Instructions for Using Provisions and
Clauses
1952.102-2 Incorporation in full text.
1952.104 Procedures for modifying and completing provisions and
clauses.
48 CFR 1946.704 Subpart 1952.2 -- Texts of Provisions and Clauses
1952.200 Scope of subpart.
1952.210-70 Brand name or equal.
1952.212-70 Notice of delay.
1952.215-70 Key personnel and facilities.
1952.222-70 Davis-Bacon Act (40 U.S.C. 276a-276a-7).
1952.222-71 Contract Work Hours and Safety Standards Act Overtime
Compensation (40 U.S.C. 327-333).
1952.222-72 Apprentices and trainees.
1952.222-73 Payrolls and basic records.
1952.222-74 Compliance with Copeland Act Requirement.
1952.222-75 Withholding.
1952.222-76 Subcontracts.
1952.222-77 Contract termination; debarment.
1952.222-78 Disputes concerning labor standards.
1952.222-79 Compliance with Davis-Bacon and Related Act Requirements.
1952.222-80 Certification of eligibility.
1952.222-81 Service Contract Act of 1965.
1952.222-82 Contract Work Hours and Safety Standard Act -- Overtime
Compensation (40 U.S.C. 327-333) (Nonconstruction only).
1952.222-83 Payrolls and basic records (Nonconstruction only).
1952.227-70 Rights in data -- General.
1952.227-71 Notification of limited-rights data and restricted
computer software.
1952.227-72 Additional data requirements.
1952.227-73 Rights in data -- Special works (Reserved).
1952.227-74 Rights in data -- Existing works (Reserved).
1952.227-75 Rights in technical data -- Specific acquisition.
1952.227-76 Government rights (unlimited).
1952.227-77 Rights in shop drawings.
1952.227-78 Disposition of prints and videotape recordings.
1952.232-70 Payment due date -- F.O.B. Destination or F.A.S. Vessel.
1952.232-71 Payment due date -- F.O.B. Origin.
1952.232-72 Interest on overdue payments.
1952.232-73 Invoice requirements.
1952.232-74 Method of payment.
1952.242-70 Authorized Representative of the Contracting Officer.
Authority: 40 U.S.C. 486(c).
Source: 50 FR 13212, Apr. 3, 1985, unless otherwise noted.
48 CFR 1952.000 Scope of part.
This part implements and supplements FAR part 52 which sets forth
solicitation provisions and contract clauses for use in the acquisition
of personal property and nonpersonal services (including construction).
48 CFR 1952.000 Subpart 1952.1 -- Instructions for Using Provisions and Clauses
48 CFR 1952.102-2 Incorporation in full text.
All IAAR provisions and clauses shall be incorporated in
solicitations and/or contracts in full text.
48 CFR 1952.104 Procedures for modifying and completing provisions and
clauses.
IAAR provisions and clauses shall not be modified (see FAR
1952.101(a) unless authorized by the Director, Office of Contracts, and
when so authorized, contracting officers must comply with the procedures
in FAR 1952.104.
48 CFR 1952.104 Subpart 1952.2 -- Texts of Provisions and Clauses
48 CFR 1952.200 Scope of subpart.
This subpart sets forth the full text of all IAAR provisions and
clauses.
48 CFR 1952.210-70 Brand name or equal.
As prescribed in 1910.011 insert the following provision when a
''brand name or equal'' purchase description is used in the
solicitation:
(As used in this provision the term ''brand name'' includes
identification of products by make and model.)
A. If items called for by this solicitation have been identified in
this schedule by a ''brand name or equal'' description, such
identification is intended to be descriptive, but not restrictive, and
is to indicate the quality and characteristics of products that will be
satisfactory. Solicitations offering ''equal'' products (including
products of the brand name manufacturer other than the one described by
brand name) will be considered for award if such products are clearly
identified in the offer and are determined by the Government to meet
fully the salient characteristics requirements listed in the
solicitation.
B. Unless the offeror clearly indicates in the offer that an
''equal'' product is being offered, the offer shall be considered as
offering a brand name product referenced in the solicitation.
C. 1. If the offeror proposes to furnish an ''equal'' product, the
brand name, if any, of the product to be furnished shall be inserted in
the space provided in the solicitation, or such product shall be
otherwise clearly identified in the offer. The evaluation of offers and
the determination as to equality of the product offered shall be the
responsibility of the Government and will be based on information
furnished by the offeror or identified in the offer as well as other
information reasonably available to the contracting activity. CAUTION
TO OFFERORS. The contracting activity is not responsible for locating
or securing any information which is not identified in the offer and
reasonably available to the contracting activity. Accordingly, to
insure that sufficient information is available, the offeror must
furnish as a part of the offer all descriptive material (such as cuts,
illustrations, drawings, or other information) necessary for the
contracting activity to (i) determine whether the product offered meets
the salient characteristics requirement of the solicitation, and (ii)
establish exactly what the offeror proposes to furnish and what the
Government would be binding itself to purchase by making an award. The
information furnished may include specific references to information
previously furnished or to information otherwise available to the
contracting activity.
2. If the offeror proposes to modify a product so as to make it
conform to the requirements of the solicitation, it shall (i) include in
the offer a clear description of such proposed modifications and (ii)
clearly mark any descriptive material to show the proposed
modifications.
3. Modifications proposed after date for receipt of offers to make a
product conform to a brand name product referenced in the solicitation
will not be considered.
48 CFR 1952.212-70 Notice of delay.
As prescribed at 1912.70, insert the following clause in all
contracts:
If the Contractor becomes unable to complete the contract work at the
time(s) specified because of technical difficulties, notwithstanding the
exercise of good faith and diligent efforts in the performance of the
work called for hereunder, the Contractor shall give the Contracting
Officer written notice of the anticipated delay and the reasons
therefor. Such notice and reasons shall be delivered promptly after the
condition creating the anticipated delay becomes known to the Contractor
but in no event less than forty-five (45) days before the completion
date specified in this contract, unless otherwise directed by the
Contracting Officer. When notice is so required, the Contracting
Officer may extend the time specified in the Schedule for such period as
deemed advisable.
48 CFR 1952.215-70 Key personnel and facilities.
As prescribed in 1915.106-70 insert the following clause in
appropriate contracts:
The personnel and/or facilities listed below (or as specified in the
Schedule of this contract) are considered essential to the work being
performed hereunder. Prior to removing, replacing, or diverting any of
the specified individuals or facilities, the Contractor shall notify the
Contracting Officer reasonably in advance and shall submit justification
(including proposed substitutions) in sufficient detail to permit
evaluation of the impact on this contract. No diversion shall be made
by the Contractor without the written consent of the Contracting
Officer; provided, that the Contracting Officer may ratify in writing
the change and such ratification shall constitute the consent of the
Contracting Officer required by this clause. The personnel and/or
facilities listed below (or as specified in the Schedule of this
contract) may, with the consent of the contracting parties, be amended
from time to time during the course of the contract to either add or
delete personnel and/or facilities, as appropriate.
48 CFR 1952.222-70 Davis-Bacon Act (40 U.S.C. 276a-276a-7).
As prescribed in 1922.403(a) the contracting officer shall insert the
following clauses:
(a) All laborers and mechanics employed or working upon the site of
the work (or under the United States Housing Act of 1937 or under the
Housing Act of 1949 in the construction or development of the project),
will be paid unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account (except such
payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CFR part 3)), the full
amount of wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less than those
contained in the wage determination of the Secretary of Labor which is
attached hereto and made a part hereof, regardless of any contractual
relationship which may be alleged to exist between the Contractor and
such laborers and mechanics. Contributions made or costs reasonably
anticipated for bona fide fringe benefits under section 1(b)(2) of the
Davis-Bacon Act on behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the provisions of
paragraph (d) of this clause; also, regular contributions made or costs
incurred for more than a weekly period (but not less often than
quarterly) under plans, funds, or programs which cover the particular
weekly period, are deemed to be constructively made or incurred during
such weekly period. Such laborers and mechanics shall be paid the
appropriate wage rate and fringe benefits on the wage determination for
the classification of work actually performed, without regard to skill,
except as provided in the clause entitled ''Apprentices and Trainees.''
Laborers or mechanics performing work in more than one classification
may be compensated at the rate specified for each classification for the
time actually worked therein: Provided, That the employer's payroll
records accurately set forth the time spent in each classification in
which work is performed. The wage determination (including any
additional classification and wage rates conformed under paragraph (b)
of this clause) and the Davis-Bacon poster (WH-1321) shall be posted at
all time by the Contractor and its subcontractors at the site of the
work in a prominent and accessible place where it can be easily seen by
the workers.
(b)(1) The Contracting Officer shall require that any class of
laborers or mechanics which is not listed in the wage determination and
which is to be employed under the contract shall be classified in
conformance with the wage determination. The Contracting Officer shall
approve an additional classification and wage rate and fringe benefits
therefor only when the following criteria have been met:
(i) The work to be performed by the classification requested is not
performed by a classification in the wage determination; and
(ii) The classification is utilized in the area by the construction
industry; and
(iii) The proposed wage rate, including any bond fide fringe
benefits, bears a reasonable relationship to the wage rates contained in
the wage determination.
(2) If the Contractor and the laborers and mechanics to be employed
in the classification (if known), or their representatives, and the
Contracting Officer agree on the classification and wage rate (including
the amount designated for fringe benefits where appropriate), a report
of the action taken shall be sent by the Contracting Officer to the
Administrator of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, DC 20210. The
Administrator of the Wage and Hour Division, or an authorized
representative, will approve, modify, or disapprove every additional
classification action within 30 days of receipt and so advise the
Contracting Officer or will notify the Contracting Officer within the
30-day period that additional time is necessary.
(3) In the event the Contractor, the laborers or mechanics to be
employed in the classification or their representatives, and the
Contracting Officer do not agree on the proposed classification and wage
rate (including the amount designated for fringe benefits, where
appropriate), the Contracting Officer shall refer the questions,
including the views of all interested parties and the recommendation of
the Contracting Officer, to the Administrator for determination. The
Administrator of the Wage and Hour Division, or an authorized
representative, will issue a determination within 30 days of receipt and
so advise the Contracting Officer or will notify the Contracting Officer
within the 30-day period that additional time is necessary.
(4) The wage rate (including fringe benefits where appropriate)
determined pursuant to subparagraph (b)(2) or (b)(3) of this clause,
shall be paid to all workers performing work in the classification under
this contract from the first day on which work is performed in the
classification.
(c) Whenever the minimum wage rate prescribed in the contract for a
class of laborers or mechanics includes a fringe benefit which is not
expressed as an hourly rate, the Contractor shall either pay the benefit
or an hourly cash equivalent thereof.
(d) If the Contractor does not make payments to a trustee or other
third person, the Contractor may consider as part of the wages of any
laborer or mechanic the amount of any costs reasonably anticipated in
providing bona fide fringe benefits under a plan or program. Provided,
That the Secretary of Labor has found, upon written request of the
Contractor, that applicable standards of the Davis-Bacon Act have been
met. The Secretary of Labor may require the Contractor to set aside in
a separate account assets for the meeting of obligations under the plan
or program.
(e) Paragraphs (a) through (d) of the clause shall apply to this
contract to the extent that it is (1) a prime contract with the
Government subject to the Davis-Bacon Act, or (2) a subcontract also
subject to the Davis-Bacon Act under such prime contract.
48 CFR 1952.222-71 Contract Work Hours and Safety Standards Act Overtime
Compensation (40 U.S.C. 327-333).
As prescribed at 1922.403(a), the contracting officer shall insert
the following clause:
(a) Overtime requirements. No Contractor or subcontractor
contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or permit
any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of 8 hours in any calendar day
or in excess of forty hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-half
times the basic rate of pay for all hours worked in excess of 8 hours in
any calendar day or in excess of forty hours in such workweek, whichever
is greater.
(b) Violation; liability for unpaid wages; liquidated damages. In
the event of any violation of the provisions set forth in paragraph (a)
of this clause, the Contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such
Contractor and subcontractor shall be liable to the United States (in
case of work done under contract for the District of Columbia or a
territory, to such District or to such territory) for liquidated
damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed
in violation of the provisions set forth in paragraph (a) of this
clause, in the sum of $10 for each calendar day for which such
individual was required or permitted to work in excess of 8 hours or in
excess of the standard workweek of 40 hours without payment of the
overtime wages required by provisions set forth in paragraph (a) of this
clause.
(c) Withholding for unpaid wages and liquidated damages. The
Contracting Officer shall upon his/her own action or upon written
request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys payable on account of
work performed by the Contractor or subcontractor under any such
contract or any other Federal contract with the same Prime Contractor,
or any other Federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act which is held by the same Prime
Contractor, such sums as may be determined to be necessary to satisfy
any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the provisions set forth in paragraph
(b) of this clause.
(d) Subcontracts. The Contractor of subcontractor shall insert in
any subcontracts the provisions set forth in paragraphs (a) through (d)
of this clause and also a clause requiring the subcontractors to include
these provisions in any lower tier subcontracts. The Prime Contractor
shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the provisions set forth in paragraphs (a) through
(d) of this clause.
48 CFR 1952.222-72 Apprentices and trainees.
As prescribed in 1922.403(a), the contracting officer shall insert
the following clause:
(a) Apprentices. Apprentices will be permitted to work at less than
the predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of Labor,
Employment and Training Administration, Bureau of Apprenticeship and
Training, or with a State Apprenticeship Agency recognized by the
Bureau, or if a person is employed in his or her first 90 days of
probationary employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but who has
been certified by the Bureau of Apprenticeship and Training or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft classification
shall not be greater than the ratio permitted to the Contractor as to
the entire work force under the registered program. Any worker listed
on a payroll at an apprentice wage rate, who is not registered or
otherwise employed as stated above shall be paid not less than the
applicable wage rate on the wage determination for the classification of
work actually performed. In addition, any apprentice performing work on
the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. Where a contractor is
performing construction on a project in a locality other than that in
which its program is registered, the ratios and wage rates (expressed in
percentages of the journeyman's hourly rate) specified in the
Contractor's or subcontractor's registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the
registered program for the hourly rate specified in the applicable wage
determination. Apprentices shall be paid fringe benefits in accordance
with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices
must be paid the full amount of fringe benefits listed on the wage
determination for the applicable classification. If the Administrator
determines that a different practice prevails for the applicable
apprentice classification, fringes shall be paid in accordance with that
determination.
In the event the Bureau of Apprenticeship and Training, or a State
Apprenticeship Agency recognized by the Bureau, withdraws approval of an
apprenticeship program, the Contractor will no longer be permitted to
utilize apprentices at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
(b) Trainees. Except as provided in 29 CFR 5.16, trainees will not
be permitted to work at less than the predetermined rate for the work
performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by
formal certification by the U.S. Department of Labor, Employment and
Training Administration. The ratio of trainees to journeymen on the job
site shall not be greater than permitted under the plan approved by the
Employment and Training Administration. Every trainee must be paid at
not less than the rate specified in the approved program for the
trainee's level of progress, expressed as a percentage of the journeyman
hourly rate specified in the applicable wage determination. Trainees
shall be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention fringe
benefits, trainees shall be paid the full amount of fringe benefits
listed on the wage determination unless the Administrator of the Wage
and Hour Division determines that there is an apprenticeship program
associated with the corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits for
apprentices. Any employee listed on the payroll at a trainee rate who
is not registered and participating in a training plan approved by the
Employment and Training administration shall be paid not less than the
applicable wage rate on the wage determination for the classification of
work actually performed. In addition, any trainee performing work on
the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on the wage
determination of the work actually performed. In the event the
Employment and Training Administration withdraws approval of a training
program, the Contractor will no longer be permitted to utilize trainees
at less than the applicable predetermined rate for the work performed
until an acceptable program is approved.
(c) Equal employment opportunity. The utilization of apprentices,
trainees and journeymen under this part shall be in conformity with the
equal employment opportunity requirements of Executive Order 11246, as
amended, and 29 CFR part 30.
48 CFR 1952.222-73 Payrolls and basic records.
As prescribed in 1922.403(a), the contracting officer shall insert
the following clause:
(a) Payrolls and basic records relating thereto shall be maintained
by the Contractor during the course of the work and preserved for a
period of 3 years thereafter for all laborers and mechanics working at
the site of the work (or under the United States Housing Act of 1937, or
under the Housing Act of 1949, in the construction or development of the
project). Such records shall contain the name, address, and social
security number of each such worker, his or her correct classification,
hourly rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents thereof of
the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily
and weekly number of hours worked, deductions made and actual wages
paid. Whenever the Secretary of Labor has found under paragraph (d) of
the clause entitled ''Davis-Bacon Act'' that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in section
1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records
which show that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the plan
or program has been communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the actual
cost incurred in providing such benefits. Contractors employing
apprentices or trainees under approved programs shall maintain written
evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices
and trainees, and the ratios and wage rates prescribed in the applicable
programs.
(b)(1) The Contractor shall submit weekly for each week in which any
contract work is performed a copy of all payrolls to the Contracting
Officer if the agency is a party to the contract, but if the agency is
not such a party, the Contractor will submit the payrolls to the
applicant, sponsor, or owner, as the case may be, for transmission to
the Contracting Officer. The payrolls submitted shall set out
accurately and completely all of the information required to be
maintained under paragraph (a) of this clause. The information may be
submitted in any form desired. Optional Form WH-347 is available for
this purpose and may be purchased from the Superintendent of Documents,
Government Printing Office. The Contractor is responsible for the
submission of copies of payrolls by all subcontractors.
(2) Each payroll submitted shall be accompanied by a ''Statement of
Compliance,'' signed by the Contractor or subcontractor or his or her
agent who pays or supervises the payment of the persons employed under
the contract and shall certify the following:
(i) That the payroll for the payroll period contains the information
required to be maintained under paragraph (a) of this clause entitled
''Payrolls and Basic Records'' and that such information is correct and
complete;
(ii) That each laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during the payroll
period has been paid the full weekly wages earned, without rebate,
either directly or indirectly, and that no deduction have been made
either directly or indirectly from the full wages earned, other than
permissible deductions as set forth in Regulations, 29 CFR Part 3;
(iii) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalents for the
classification of work performed, as specified in the applicable wage
determination incorporated into the contract.
(3) The weekly submission of a properly executed certification set
forth on the reverse side of Optional Form WH-347 shall satisfy the
requirement for submission of the ''Statement of Compliance'' required
by paragraph (b)(2) of this clause.
(4) The falsification of any of the above certifications may subject
the Contractor or subcontractor to civil or criminal prosecution under
section 1001 of title 18 and section 231 of title 31 of the United
States Code.
(c) The Contractor or subcontractor shall make the records required
under paragraph (a) of this clause available for inspection, copying, or
transcription by the Contracting Officer or the Department of Labor or
their authorized representatives. The Contractor and subcontractors
shall permit such representatives to interview employees during working
hours on the job. If the Contractor or subcontractor fails to submit
the required records or to make them available, the Contracting Officer
may, after written notice to the Contractor, take such action as may be
necessary to cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required records
upon request or to make such records available may be grounds for
debarment action pursuant to 29 CFR 5.12.
48 CFR 1952.222-74 Compliance with Copeland Act Requirement.
As prescribed in 1922.403(a), the contracting officer shall insert
the following clause:
The Contractor shall comply with the requirements of 29 CFR part 3,
which are incorporated by reference in this contract.
48 CFR 1952.222-75 Withholding.
As prescribed in 1922.403(a), the contracting officer shall insert
the following clause:
The Contracting Officer shall upon his/her own action or upon written
request of an authorized representative of the Department of Labor
withhold or cause to be withheld from the Contractor under this contract
or any other Federal contract with the same Prime Contractor, or any
other Federally-assisted contract subject to Davis-Bacon prevailing wage
requirements which is held by the same Prime Contractor, so much of the
accrued payments or advances as may be considered necessary to pay
laborers and mechanics, including apprentices, trainees, and helpers
employed by the Contractor or any subcontractor the full amount of wages
required by the contract. In the event of failure to pay any laborer or
mechanic, including any apprentices, trainee, or helper, employed or
working on the site of the work (or under the United States Housing Act
of 1937 or under the Housing Act of 1949 in the construction or
development of the project), all or part of the wages required by the
contract, the Contracting Officer may, after written notice to the Prime
Contractor, sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further payment, advance, or
guarantee of funds until such violations have ceased.
48 CFR 1952.222-76 Subcontracts.
As prescribed in 1922.403(a), the contracting officer shall insert
the following clause:
The Contractor or subcontractor shall insert in any subcontracts the
clauses entitled ''Davis-Bacon Act,'' ''Contract Work Hours and Safety
Standards Act-Overtime Compensation,'' ''Apprentices and Trainees,''
''Payrolls and Basic Records,'' ''Compliance with Copeland Act
Requirements,'' ''Withholding,'' ''Subcontracts,'' ''Contract
Termination-Debarment,'' ''Disputes Concerning Labor Standards,''
''Compliance With Davis-Bacon and Related Act Requirements,'' and
''Certification of Eligibility,'' and such other clauses as the
Contracting Officer may by appropriate instructions require, and also a
clause requiring the subcontractors to include these clauses in any
lower tier subcontracts. The Prime Contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with all the
contract clauses cited above.
48 CFR 1952.222-77 Contract termination; debarment.
As prescribed in 1922.403(a), the contracting officer shall insert
the following clause:
A breach of the contract clauses entitled ''Davis-Bacon Act,''
''Contract Work Hours and Safety Standards Act-Overtime Compensation,''
''Apprentices and Trainees,'' ''Payrolls and Basic Records,''
''Compliance with Copeland Act Requirements,'' ''Subcontracts,''
''Compliance With Davis-Bacon and Related Act Requirements,'' and
''Certification of Eligibility,'' may be grounds for termination of the
contract, and for debarment as a contractor and a subcontractor as
provided in 29 CFR 5.12.
48 CFR 1952.222-78 Disputes concerning labor standards.
As prescribed in 1922.403(a), the contracting officer shall insert
the following clause:
Disputes arising out of the labor standards provisions of this
contract shall not be subject to the general disputes clause of this
contract. Such disputes shall be resolved in accordance with the
procedures of the Department of Labor set forth in 29 CFR parts 5, 6 and
7. Disputes within the meaning of this clause include disputes between
the Contractor (or any of its subcontractors) and the contracting
agency, the U.S. Department of Labor, or the employees or their
representatives.
48 CFR 1952.222-79 Compliance with Davis-Bacon and Related Act
Requirements.
As prescribed in 1922.403(a), the contracting officer shall insert
the following clauses:
All rulings and interpretations of the Davis-Bacon and Related Acts
contained in 29 CFR parts 1, 3, and 5 are herein incorporated by
reference in this contract.
48 CFR 1952.222-80 Certification of eligibility.
As prescribed in 1922.403(a), the contracting officer shall insert
the following clause:
(a) By entering into this contract, the Contractor certifies that
neither it (nor he or she) nor any person of firm who has an interest in
the Contractor's firm is a person or firm ineligible to be awarded
Government contracts by virtue of section 3(a) of the Davis-Bacon Act or
29 CFR 5.12(a)(1).
(b) No part of this contract shall be subcontracted to any person or
firm ineligible for award of a Government contract by virtue of section
3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(c) The penalty for making false statements is prescribed in the U.S.
Criminal Code, 18 U.S.C. 1001.
48 CFR 1952.222-81 Service Contract Act of 1965.
As prescribed in 1922.1006 insert the following clause:
(a) This contract is subject to the Service Contract Act of 1965, as
amended (41 U.S.C. 351 et seq.) and is subject to the following
provisions and to all other applicable provisions of the Act and
regulations of the Secretary of Labor issued thereunder (29 CFR part 4).
(b)(1) Each service employee employed in the performance of this
contract by the contractor or any subcontractor shall be paid not less
than the minimum monetary wages and shall be furnished fringe benefits
in accordance with the wages and fringe benefits determined by the
Secretary of Labor or authorized representative, as specified in any
wage determination attached to this contract.
(2)(i) If there is such a wage determination attached to this
contract, the contracting officer shall require that any class of
service employee which is not listed therein and which is to be employed
under the contract (i.e., the work to be performed is not performed by
any classification listed in the wage determination), be classified by
the contractor so as to provide a reasonable relationship (i.e.,
appropriate level of skill comparison) between such unlisted
classifications and the classifications listed in the wage
determination. Such conformed class of employees shall be paid the
monetary wages and furnished the fringe benefits as are determined
pursuant to the procedures in this section.
(The information collection requirements contained in the following
paragraphs of this section have been approved by the Office of
Management and Budget under OMB control number 1215-0150)
(ii) Such conforming procedure shall be initiated by the contractor
prior to the performance of contract work by such unlisted class of
employee. A written report of the proposed conforming action, including
information regarding the agreement or disagreement of the authorized
representative of the employees involved or, where there is no
authorized representative of the employees themselves, shall be
submitted by the contractor to the contracting officer no later than 30
days after such unlisted class of employees performs any contract work.
The contracting officer shall review the proposed action and promptly
submit a report of the action, together with the agency's recommendation
and all pertinent information including the position of the contractor
and the employees, to the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, for review. The Wage and Hour
Division will approve, modify, or disapprove the action or render a
final determination in the event of disagreement within 30 days of
receipt or will notify the contracting officer within 30 days of receipt
that additional time is necessary.
(iii) The final determination of the conformance action by the Wage
and Hour Division shall be transmitted to the contracting officer who
shall promptly notify the contractor of the action taken. Each affected
employee shall be furnished by the contractor with a written copy of
such determination or it shall be posted as a part of the wage
determination.
(iv)(A) The process of establishing wage and fringe benefit rates
that bear a reasonable relationship to those listed in a wage
determination cannot be reduced to any single formula. The approach
used may vary from wage determination to wage determination depending on
the circumstances. Standard wage and salary administration practices
which rank various job classifications by pay grade pursuant to point
schemes or other job factors may, for example, be relied upon. Guidance
may also be obtained from the way different jobs are rated under Federal
pay systems (Federal Wage Board Pay System and the General Schedule) or
from other wage determinations issued in the same locality. Basic to
the establishment of any conformable wage rate(s) is the concept that a
pay relationship should be maintained between job classifications based
on the skill required and the duties performed.
(B) In the case of a contract modification, an exercise of an option
or extension of an existing contract, or in any other case where a
contractor succeeds a contract under which the classification in
question was previously conformed pursuant to this section, a new
conformed wage rate and fringe benefits may be assigned to such
conformed classification by indexing (i.e., adjusting) the previous
conformed rate and fringe benefits by an amount equal to the average
(mean) percentage increase (or decrease, where appropriate) between the
wages and fringe benefits specified for all classifications to be used
on the contract which are listed in the current wage determination, and
those specified for the corresponding classifications in the previously
applicable wage determination. Where conforming actions are
accomplished in accordance with this paragraph prior to the performance
of contract work by the unlisted class of employees, the contractor
shall advise the contracting officer of the action taken but the other
procedures in paragraph (b)(2)(ii) of this section need not be followed.
(C) No employee engaged in performing work on this contract shall in
any event be paid less than the currently applicable minimum wage
specified under section 6(a)(1) of the Fair Labor Standards Act of 1938,
as amended.
(v) The wage rate and fringe benefits finally determined pursuant to
paragraphs (b)(2)(i) and (ii) of this section shall be paid to all
employees performing in the classification from the first day on which
contract work is performed by them in the classification. Failure to
pay such unlisted employees the compensation agreed upon by the
interested parties and/or finally determined by the Wage and Hour
Division retroactive to the date such class of employees commenced
contract work shall be a violation of the Act and this contract.
(vi) Upon discovery of failure to comply with paragraphs (b)(2)(i)
through (v) of this section, the Wage and Hour Division shall make a
final determination of conformed classification, wage rate and/or fringe
benefits which shall be retroactive to the date such class of employees
commenced contract work.
(3) If, as authorized pursuant to section 4(d) of the Service
Contract Act of 1965 as amended, the term of this contract is more than
1 year, the minimum monetary wages and fringe benefits required to be
paid or furnished thereunder to service employees shall be subject to
adjustment after 1 year and not less often than once every 2 years,
pursuant to wage determinations to be issued by the Wage and Hour
Division, Employment Standards Administration of the Department of Labor
as provided in such Act.
(c) The contractor or subcontractor may discharge the obligation to
furnish fringe benefits specified in the attachment or determined
conformably thereto by furnishing any equivalent combinations of bona
fide fringe benefits, or by making equivalent or differential payments
in cash in accordance with the applicable rules set forth in subpart D
of 29 CFR part 4, and not otherwise.
(d)(1) In the absence of a minimum wage attachment for this contract,
neither the contractor nor any subcontractor under this contract shall
pay any person performing work under the contract (regardless of whether
they are service employees) less than the minimum wage specified by
section 6(a)(1) of the Fair Labor Standards Act of 1938. Nothing in
this provision shall relieve the contractor or any subcontractor of any
other obligation under law or contract for the payment of a higher wage
to any employee.
(2) If this contract succeeds a contract, subject to the Service
Contract Act of 1965 as amended, under which substantially the same
services were furnished in the same locality and service employees were
paid wages and fringe benefits provided for in a collective bargaining
agreement, in the absence of the minimum wage attachment for this
contract setting forth such collectively bargained wage rates and fringe
benefits, neither the contractor nor any subcontractor under this
contract shall pay any service employee performing any of the contract
work (regardless of whether or not such employee was employed under the
predecessor contract), less than the wages and fringe benefits provided
for in such collective bargaining agreement, to which such employee
would have been entitled if employed under the predecessor contract,
including accrued wages and fringe benefits and any prospective
increases in wages and fringe benefits provided for under such
agreement. No contractor or subcontractor under this contract may be
relieved of the foregoing obligation unless the limitations of 4.1b(b)
of 29 CFR part 4 apply or unless the Secretary of Labor or his
authorized representative finds, after hearing as provided in 4.10 of 29
CFR part 4 that the wages and/or fringe benefits provided for in such
agreement are substantially at variance with those which prevail for
services of a character similar in the locality, or determines, as
provided in 4.11 of 29 CFR part 4, that the collective bargaining
agreement applicable to service employees employed under the predecessor
contract was not entered into as a result of arm's-length negotiations.
Where it is found in accordance with the review procedures provided in
29 CFR 4.10 and/or 4.11 and parts 6 and 8 that some or all of the wages
and/or fringe benefits contained in a predecessor contractor's
collective bargaining agreement are substantially at variance with those
which prevail for services of a character similar in the locality,
and/or that the collective bargaining agreement applicable to service
employees employed under the predecessor contract was not entered into
as a result of arm's-length negotiations, the Department will issue a
new or revised wage determination setting forth the applicable wage
rates and fringe benefits. Such determination shall be made part of the
contract or subcontract, in accordance with the decision of the
Administrator, the Administrative Law Judge, or the Board of Service
Contract Appeals, as the case may be, irrespective of whether such
issuance occurs prior to or after the award of a contract or
subcontract. 53 Comp. Gen. 401 (1973). In the case of a wage
determination issued solely as a result of a finding of substantial
variance, such determination shall be effective as of the date of the
final administrative decision.
(e) The contractor and any subcontractor under this contract shall
notify each service employee commencing work on this contract of the
minimum monetary wage and any fringe benefits required to be paid
pursuant to this contract, or shall post the wage determination attached
to this contract. The poster provided by the Department of Labor
(Publication WH 1313) shall be posted in a prominent and accessible
place at the worksite. Failure to comply with this requirement is a
violation of section 2(a)(4) of the Act and of this contract. (Approved
by the Office of Management and Budget under control number 1215-0150)
(f) The contractor or subcontractor shall not permit any part of the
services called for by this contract to be performed in buildings or
surroundings or under working conditions provided by or under the
control or supervision of the contractor or subcontractor which are
unsanitary or hazardous or dangerous to the health or safety of service
employees engaged to furnish these services, and the contractor or
subcontractor shall comply with safety and health standards applied
under 29 CFR part 1925.
(g)(1) The contractor and each subcontractor performing work subject
to the Act shall make and maintain for 3 years from the completion of
the work records containing the information specified in paragraphs
(g)(1) (i) through (vi) of this section for each employee subject to the
Act and shall make them available for inspection and transcription by
authorized representatives of the Wage and Hour Division, Employment
Standards Administration of the U.S. Department of Labor. (Sections
4.6(g)(1) (i) through (iv) approved by the Office of Management and
Budget under control number 1215-0017 and sections 4.6(g)(1) (v) and
(vi) approved under control number 1215-0150)
(i) Name and address and social security number of each employee.
(ii) The correct work classification or classifications, rate or
rates of monetary wages paid and fringe benefits provided, rate or rates
of fringe benefit payments in lieu thereof, and total daily and weekly
compensation of each employee.
(iii) The number of daily and weekly hours so worked by each
employee.
(iv) Any deductions, rebates, or refunds from the total daily or
weekly compensation of each employee.
(v) A list of monetary wages and fringe benefits for those classes of
service employees not included in the wage determination attached to
this contract but for which such wage rates or fringe benefits have been
determined by the interested parties or by the Administrator or
authorized representative pursuant to the labor standards clause in
paragraph (b) of this section. A copy of the report required by the
clause in paragraph (b)(2)(ii) of this section shall be deemed to be
such a list.
(vi) Any list of the predecessor contractor's employees which had
been furnished to the contractor pursuant to 4.6(l)(2).
(2) The contractor shall also make available a copy of this contract
for inspection or transcription by authorized representatives of the
Wage and Hour Division.
(3) Failure to make and maintain or to make available such records
for inspection and transcription shall be a violation of the regulations
and this contract, and in the case of failure to produce such records,
the contracting officer, upon direction of the Department of Labor and
notification of the contractor, shall take action to cause suspension of
any further payment or advance of funds until such violation ceases.
(4) The contractor shall permit authorized representatives of the
Wage and Hour Division to conduct interviews with employees at the
worksite during normal working hours.
(h) The contractor shall unconditionally pay to each employee subject
to the Act all wages due free and clear and without subsequent deduction
(except as otherwise provided by law or Regulations, 29 CFR part 4),
rebate, or kickback on any account. Such payments shall be made no
later than one pay period following the end of the regular pay period in
which such wages were earned or accrued. A pay period under this Act
may not be of any duration longer than semi-monthly.
(i) The contracting officer shall withhold or cause to be withheld
from the Government prime contractor under this or any other Government
contract with the prime contractor such sums as an appropriate official
of the Department of Labor requests or such sums as the contracting
officer decides may be necessary to pay underpaid employees employed by
the contractor or subcontractor. In the event of failure to pay any
employees subject to the Act all or part of the wages or fringe benefits
due under the Act, the agency may, after authorization or by direction
of the Department of Labor and written notification to the contractor,
take action to cause suspension of any further payment or advance of
funds until such violations have ceased. Additionally, any failure to
comply with the requirements of these clauses relating to the Service
Contract Act of 1965, may be grounds for termination of the right to
proceed with the contract work. In such event, the Government may enter
into other contracts or arrangements for completion of the work,
charging the contractor in default with any additional cost.
(j) The contractor agrees to insert these clauses in this section
relating to the Service Contract Act of 1965 in all subcontracts subject
to the Act. The term ''contractor'' as used in these clauses in any
subcontract, shall be deemed to refer to the subcontractor, except in
the term ''Government prime contractor.''
(k)(1) As used in these clauses, the term ''service employee'' means
any person engaged in the performance of this contract other than any
person employed in a bona fide executive, administrative, or
professional capacity, as those terms are defined in part 541 of title
29, Code of Federal Regulations, as of July 30, 1976, and any subsequent
provision of those regulations. The term ''service employee'' includes
all such persons regardless of any contractual relationship that may be
alleged to exist between a contractor or subcontractor and such persons.
(2) The following statement is included in contracts pursuant to
section 2(a)(5) of the Act and is for informational purposes only:
The following classes of service employees expected to be employed
under the contract with the Government would be subject, if employed by
the contracting agency, to the provisions of 5 U.S.C. 5341 or 5 U.S.C.
5332 and would, if so employed, be paid not less than the following
rates of wages and fringe benefits:
(l)(1) If wages to be paid or fringe benefits to be furnished any
service employees employed by the Government prime contractor or any
subcontractor under the contract are provided for in a collective
bargaining agreement which is or will be effective during any period in
which the contract is being performed, the Government prime contractor
shall report such fact to the contracting officer, together with full
information as to the application and accrual of such wages and fringe
benefits, including any prospective increases, to service employees
engaged in work on the contract, and a copy of the collective bargaining
agreement. Such report shall be made upon commencing performance of the
contract, in the case of collective bargaining agreements effective at
such time, and in the case of such agreements or provisions or
amendments thereof effective at a later time during the period of
contract performance, such agreements shall be reported promptly after
negotiation thereof. (Approved by the Office of Management and Budget
under control number 1215-0150)
(2) Not less than 10 days prior to completion of any contract being
performed at a Federal facility where service employees may be retained
in the performance of the succeeding contract and subject to a wage
determination which contains vacation or other benefit provisions based
upon length of service with a contractor (predecessor) or successor
(section 4.173 of Regulations, 29 CFR part 4), the incumbent prime
contractor shall furnish to the contracting officer a certified list of
the names of all service employees on the contractor's or
subcontractor's payroll during the last month of contract performance.
Such list shall also contain anniversary dates of employment on the
contract either with the current or predecessor contractors of each such
service employee. The contracting officer shall turn over such list to
the successor contractor at the commencement of the succeeding contract.
(Approved by the Office of Management and Budget under control number
1215-0150)
(m) Rulings and interpretations of the Service Contract Act of 1965,
as amended, are contained in Regulations, 29 CFR part 4.
(n)(1) By entering into this contract, the contractor (and officials
thereof) certifies that neither it (nor he or she) nor any person or
firm who has a substantial interest in the contractor's firm is a person
or firm ineligible to be awarded Government contracts by virtue of the
sanctions imposed pursuant to section 5 of the Act.
(2) No part of this contract shall be subcontracted to any person or
firm ineligible for award of a Government contract pursuant to section 5
of the Act.
(3) The penalty for making false statements is prescribed in the U.S.
Criminal Code, 18 U.S.C. 1001.
(o) Notwithstanding any of the clauses in paragraphs (b) through (m)
of this section relating to the Service Contract Act of 1965, the
following employees may be employed in accordance with the following
variations, tolerances, and exemptions, which the Secretary of Labor,
pursuant to section 4(b) of the Act prior to its amendment by Pub. L.
92-473, found to be necessary and proper in the public interest or to
avoid serious impairment of the conduct of Government business:
(1) Apprentices, student-learners, and workers whose earning capacity
is impaired by age, physical, or mental deficiency or injury may be
employed at wages lower than the minimum wages otherwise required by
section 2(a)(1) or 2(b)(1) of the Service Contract Act without
diminishing any fringe benefits or cash payments in lieu thereof
required under section 2(a)(2) of that Act, in accordance with the
conditions and procedures prescribed for the employment of apprentices,
student-learners, handicapped persons, and handicapped clients of
sheltered workshops under section 14 of the Fair Labor Standards Act of
1938, in the regulations issued by the Administrator (29 CFR parts 520,
521, 524, and 525).
(2) The Administrator will issue certificates under the Service
Contract Act for the employment of apprentices, student-learners,
handicapped persons, or handicapped clients of sheltered workshops not
subject to the Fair Labor Standards Act of 1938, or subject to different
minimum rates of pay under the two acts, authorizing appropriate rates
of minimum wages (but without changing requirements concerning fringe
benefits or supplementary cash payments in lieu thereof), applying
procedures prescribed by the applicable regulations issued under the
Fair Labor Standards Act of 1938 (29 CFR parts 520, 521, 524, and 525).
(3) The Administrator will also withdraw, annul, or cancel such
certificates in accordance with the regulations in parts 525 and 528 of
title 29 of the Code of Federal Regulations.
(p) Apprentices will be permitted to work at less than the
predetermined rate for the work they perform when they are employed and
individually registered in a bona fide apprenticeship program registered
with a State Apprenticeship Agency which is recognized by the U.S.
Department of Labor, or if no such recognized agency exists in a State,
under a program registered with the Bureau of Apprenticeship and
Training, Employment and Training Administration, U.S. Department of
Labor. Any employee who is not registered as an apprentice in an
approved program shall be paid the wage rate and fringe benefits
contained in the applicable wage determination for the journeyman
classification of work actually performed. The wage rates paid
apprentices shall not be less than the wage rate for their level of
progress set forth in the registered program, expressed as the
appropriate percentage of the journeyman's rate contained in the
applicable wage determination. The allowable ratio of apprentices to
journeymen employed on the contract work in any craft classification
shall not be greater than the ratio permitted to the contractor as to
his entire work force under the registered program.
(q) An employee engaged in an occupation in which he or she
customarily and regularly receives more than $30 a month in tips may
have the amount of tips credited by the employer against the minimum
wage required by section 2(a)(1) or section 2(b)(1) of the Act in
accordance with section 3(m) of the Fair Labor Standards Act and
Regulations, 29 CFR part 531: Provided, however, That the amount of
such credit may not exceed $1.24 per hour beginning January 1, 1980, and
$1.34 per hour after December 31, 1980. To utilize this proviso:
(1) The employer must inform tipped employees about this tip credit
allowance before the credit is utilized;
(2) The employees must be allowed to retain all tips (individually or
through a pooling arrangement and regardless of whether the employer
elects to take a credit for tips received);
(3) The employer must be able to show by records that the employee
receives at least the applicable Service Contract Act Minimum wage
through the combination of direct wages and tip credit; (Approved by
the Office of Management and Budget under control number 1215-0017)
(4) The use of such tip credit must have been permitted under any
predecessor collective bargaining agreement applicable by virtue of
section 4(c) of the Act.
(r) Disputes concerning labor standards. Disputes arising out of the
labor standards provisions of this contract shall not be subject to the
general disputes clause of this contract. Such disputes shall be
revolved in accordance with the procedures of the Department of Labor
set forth in 29 CFR parts 4, 6 and 8, Disputes within the meaning of
this clause include disputes between the contractor (or any of its
subcontractors) and the contracting agency, the U.S. Department of
Labor, or the employees or their representatives.
48 CFR 1952.222-82 Contract Work Hours and Safety Standards Act --
Overtime Compensation (40 U.S.C. 327-333) (Nonconstruction only).
As prescribed in 1922.305 insert the following clause:
This contract, to the extent that it is of a character specified in
the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333),
is subject to the following provisions and to all other applicable
provisions and exceptions of such Act and the regulations of the
Secretary of Labor thereunder.
(a) Overtime requirements. No Contractor or subcontractor
contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or permit
any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of 8 hours in any calendar day
or in excess of forty hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-half
times the basic rate of pay for all hours worked in excess of 8 hours in
any calendar day or in excess of forty hours in such workweek, whichever
is greater.
(b) Violation; liability for uppaid wages; liquidated damages. In
the event of any violation of the provisions set forth in paragraph (a)
of this clause, the Contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in
case of work done under contract for the District of Columbia or a
territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen, and guards, employed
in violation of the provisions set forth in paragraph (a) of this clause
in the sum of $10 for each calendar day for which such individual was
required or permitted to work in excess of 8 hours or in excess of the
standard workweek of 40 hours without payment of the overtime wages
required by provisions set forth in paragraph (a) of this clause.
(c) Withholding for unpaid wages and liquidated damages. The
Contracting Officer shall upon his/her own action or upon written
request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys payable on account of
work performed by the Contractor or subcontractor under any such
contract or any other Federal contract with the same Prime Contractor,
or any other Federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same Prime
Contractor such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the provisions set forth in paragraph
(b) of this clause.
(d) Subcontracts. The Contractor or subcontractor shall insert in
any subcontracts the provisions set forth in paragraphs (a) through (d)
of this clause and also a clause requiring the subcontractors to include
these provisions in any lower tier subcontracts. The Prime Contractor
shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the provisions set forth in paragraphs (a) through
(d) of this clause.
48 CFR 1952.222-83 Payrolls and basic records (Nonconstruction only).
As prescribed in 1922.305 insert the following clause:
(a) The Contractor or subcontractor shall maintain payrolls and basic
payroll records during the course of the contract work and shall
preserve them for a period of three years from the completion of the
contract for all laborers and mechanics, including guards and watchmen,
working on the contract. Such records shall contain the name and
address of each such employee, social security number, correct
classification, hourly rates of wages paid, daily and weekly number of
hours worked, deductions made, and actual wages paid.
(b) The records to be maintained under paragraph (a) of this clause
shall be made available by the Contractor or subcontractor for
inspection, copying, and transcription by the Contracting Officer or the
Department of Labor or their authorized representatives. The Contractor
and subcontractors will permit such representatives to interview
employees during working hours on the job.
48 CFR 1952.227-70 Rights in data -- General.
(a) As prescribed in 1927.405(a)(1) insert the following clause:
(a) Definitions:
Data, as used in this clause, means recorded information, regardless
of form or the media on which it may be recorded. The term shall be
construed broadly; it includes all writings within the scope of Article
1, Section 8, Clause 8 of the United States Constitution, as well as all
works subject to copyright under title 17, United States Code. The term
does not include information incidental to contract administration, such
as contract cost analysis or financial, business, and management
information required for contract administration purposes.
Computer software, as used in this clause, means computer programs,
computer data bases, and documentation thereof.
Form, fit, and function data, as used in this clause, means data
describing, and sufficient to enable, physical and functional
interchangeability; as well as data identifying source, size,
configuration, mating and attachment characteristics, functional
characteristics, and performance requirements.
Limited-rights data, as used in this clause, means data that embodies
trade secrets or is commercial or financial and confidential or
privileged, but only to the extent that the data pertains to items,
components, or processes developed at private expense, including minor
modifications thereof.
Restricted computer software, as used in this clause, means computer
software developed at private expense and that is a trade secret, is
commercial or financial data which is confidential or privileged, or is
published copyrighted computer software.
Unlimited rights, as used in this clause, means the right to use,
disclose, reproduce, prepare derivative works, distribute copies to the
public, and perform publicly and display publicly, in any manner and for
any purpose, and to have or permit others to do so.
Limited rights, as used in this clause, means the rights of the
Government in limited-rights data as set forth in the Limited Rights
Notice of subparagraph (g)(2) if included in this clause.
Restricted rights, as used in this clause, means the rights of the
Government in restricted computer software, as set forth in a Restricted
Rights Notice of subparagraph (g)(3) if included in a this clause, or as
otherwise may be provided in a collateral agreement incorporated in and
made part of this contract.
(b) Allocation of rights. (1) Except as provided in paragraph (c) of
this clause regarding copyright, the Government shall have unlimited
rights in --
(i) Data first produced in the performance of this contract;
(ii) Form, fit, and function data delivered under this contract;
(iii) Data delivered under this contract (except for restricted
computer software) that constitutes manuals or instructional and
training material for installation, operation, or routine maintenance
and repair, and
(iv) All other data delivered under this contract unless otherwise
provided for limited-rights data or restricted computer software in
accordance with paragraph (g) of this clause.
(2) The contractor shall have the right to --
(i) Use, release to others, reproduce, distribute, or publish any
data first produced or specifically used by the Contractor in the
performance of this contract unless provided otherwise in paragraph (d)
of this clause;
(ii) Protect form unauthorized disclosure and use that data which is
limited-rights data or restricted computer software to the extent
provided in paragraph (g) of this clause;
(iii) Substantiate use of, add, or correct limited rights or
restricted rights notices, and to take other appropriate action, in
accordance with paragraphs (e) and (f) of this clause; and
(iv) Establish claim to copyright subsisting in data first produced
in the performance of this contract to the extent provided in paragraph
(c)(1) of this clause.
(c) Copyright. (1) Data first produced in the performance of this
contract. Except as otherwise specifically provided in this contract,
the Contractor may establish claim to copyright subsisting in any data
first produced in the performance of this contract. When claim to
copyright is made, the contractor shall affix the applicable copyright
notice of 17 U.S.C. 401 or 402 to the data when such data is delivered
to the Government, and include that notice as well as acknowledgement of
Government sponsorship on the data when published or deposited in the
U.S. Copyright Office. The contractor grants to the Government, and
others acting on its behalf, a paid-up nonexclusive, irrevocable,
worldwide license to reproduce, prepare derivative works, distribute
copies to the public, and perform publicly and display publicly, by or
on behalf of the Government, for all such data.
(2) Data not first produced in the performance of this contract. The
contractor shall not, without prior written permission of the
contracting officer, incorporate into data delivered under this contract
any data not first produced in the performance of this contract and
which contains the copyright notice of 17 U.S.C. 401 or 402 unless the
contractor identifies such data and grants to the Government, or
acquires on its behalf, a license of the same scope as set forth in
paragraph (a)(1) of this clause; provided, however, that if such data
is computer software, the Government shall acquire a copyright license
as set forth in paragraph (g)(3) of this clause if included in this
contract, or as otherwise may be provided in a collateral agreement
incorporated in or made part of this contract.
(3) The Government agrees not to remove any copyright notices placed
on data pursuant to this paragraph (c), and to include such notices on
all reproductions of the data.
(d) Release, publication and use of data. (1) The contractor shall
have the right to use, release to others, reproduce, distribute, or
publish any data first produced or specifically used by the contractor
in the performance of this contract, except as may be provided otherwise
below in this paragraph.
(2) The contractor agrees that to the extent it receives or is given
access to data necessary for the performance of this contract which
contains restrictive markings, the contractor shall treat the data in
accordance with such markings unless otherwise specifically authorized
in writing by the contracting officer.
(e) Unauthorized marking of data. (1) Notwithstanding any other
provisions of this contract concerning inspection or acceptance, if any
data delivered under this contract is marked with the notices specified
in paragraph (g)(2) or (g)(3) of this clause and use of such is not
authorized by this clause, the contracting officer may either return the
data to the contractor, or cancel or ignore the markings. However,
markings will not be cancelled or ignored unless --
(i) The contracting officer makes written inquiry to the contractor
concerning the propriety of the markings, providing the contractor 30
days to respond; and
(ii) The contractor fails to respond within the 30 day period (or
such longer time approved by the contracting officer for good cause
shown), or the contractor's response fails to substantiate the propriety
of the markings.
(2) The contracting officer shall consider the contractor's response,
if any, and determine whether the markings shall be cancelled or
ignored. The contracting officer shall furnish written notice to the
contractor of the determination, which shall be a final decision under
the Contract Disputes Act.
(3) The above procedures may be modified in accordance with
regulations implementing the Freedom of Information Act (5 U.S.C. 552)
if necessary to respond to a request for data thereunder.
(f) Omitted or incorrect markings. (1) Data delivered to the
Government without any notice authorized by paragraph (g) of this
clause, or without a copyright notice, shall be deemed to have been
furnished with unlimited rights, and the Government assumes no liability
for the disclosure, use, or reproduction of such data. However, to the
extent the data has not been disclosed without restriction outside the
Government, the contractor may request, within six months (or such
longer time approved by the contracting officer for good cause shown)
after delivery of such data, permission to have notices placed on
qualifying data at the contractor's expense, and the contracting officer
may agree to do so if the contractor --
(i) Identifies the data to which the omitted notice is to be applied;
(ii) Demonstrates that the omission of the notice was inadvertent;
(iii) Establishes that the use of the proposed notice is authorized;
and
(iv) Acknowledges that the Government has no liability with respect
to the disclosure or use of any such data made prior to the addition of
the notice or resulting from the omission of the notice.
(2) The contracting officer may also (i) permit correction, at the
contractor's expense, of incorrect notices if the contractor identifies
the data on which correction of the notice is to be made and
demonstrates that the correct notice is authorized, or (ii) correct any
incorrect notices.
(g) Protection of limited-rights data and restricted computer
software. (1) When data other than that listed in paragraphs (b)(2)
(i), (ii), and (iii) of this clause, is specified to be delivered under
this contract and qualifies as either limited-rights data or restricted
computer software, the contractor, if it desires to continue protection
of such data, shall withhold such data and not furnish it to the
Government under this contract. As a condition to this withholding the
contractor shall identify the data being withheld and furnish form, fit
and function data in lieu thereof. Limited-rights data that is
formatted as a computer data base for delivery to the Government is to
be treated as limited-rights data and not restricted computer software.
(2)-(3) (Reserved)
(h) Subcontracting. The contractor has the responsibility to obtain
from its subcontractors all data and right therein necessary to fulfill
the contractor's obligations to the Government under this contract. If
a subcontractor refuses to accept terms affording the Government such
rights, the contractor shall promptly bring such refusal to the
attention the contracting officer and not proceed with subcontract award
without further authorization.
(i) Relationship to patents. Nothing contained in this clause shall
imply a license to the Government under any patent or be construed as
affecting the scope of any license or other right otherwise granted to
the Government.
(b) Alternate I. As prescribed in 1927.405(a)(2) substitute the
following definition for Limited Rights Data in paragraph (a) of the
clause:
Limited-rights data, as used in this clause, means data produced at
private expense that embodies trade secrets or is commercial or
financial and confidential or privileged.
(c) Alternate II. As prescribed in 1927.405(a)(3) insert the
following subparagraph (g)(2) in the clause:
(g)(2) Notwithstanding paragraph (g)(1) of this clause, the contract
may identify and specify the delivery of limited-rights data, or the
contracting officer may require by written request the delivery of
limited-rights data that has been withheld or would otherwise by
withholdable. If delivery of such data is so required, the contractor
may affix the following ''Limited Rights Notice'' to the data and the
Government will thereafter treat the data, subject to the provisions of
paragraphs (e) and (f) of this clause, in accordance with such Notice:
(a) This data is submitted with limited rights under Government
contract No ------ (subcontract ------ , if appropriate). It may be
reproduced and used by the Government with the express limitation that
it will not, without permission of the contractor, be used for purposes
of manufacture or disclosed outside the Government; except that the
Government may disclose this data outside the Government for the
following purposes, if any, provided that the Government makes such
disclosure subject to prohibition against further use and disclosure:
(The contracting officer may list additional purposes as set forth in
1927.403(b)(4).)
(b) This Notice shall be marked on any reproduction of this data, in
whole or in part.
(d) Alternate III. As prescribed in 1927.405 (a)(4) insert the
following subparagraph (g)(3) in the clause:
(g)(3) Notwithstanding paragraph (g)(1) of this clause, the contract
may identify and specify the delivery of restricted computer software,
or the contracting officer may require by written request the delivery
of restricted computer software that has been withheld. If delivery of
such computer software is so required, the contractor may affix the
following ''Restricted Rights Notice'' to the computer software and the
Government will thereafter treat the computer software, subject to
paragraphs (e) and (f) of this clause, in accordance with the Notice:
(a) This computer software is submitted with restricted rights under
Government Contract No. ------ (and subcontract ------ if appropriate).
It may not be used, reproduced, or disclosed by the Government except
as provided below or as otherwise expressly stated in the contract.
(b) This computer software may be --
(1) Used or copied for use in or with the computer for which it was
acquired, including use at any Government installation to which such
computer may be transferred;
(2) Used with a backup computer if the computer for which it was
acquired is inoperative;
(3) Reproduced for safekeeping (archives) or backup purposes;
(4) Modified, adapted, or combined with other computer software,
provided that the modified, combined, or adapted portions of the
derivative software incorporating restricted computer software shall be
subject to the same restricted rights; and
(5) Disclosed and reproduced for use by support contractors or their
subcontractors in accordance with paragraphs (b)(1) through (4) of this
clause, provided the Government makes such disclosure subject to these
restricted rights.
(d) Any other rights or limitations regarding the use, duplication or
disclosure of this computer software are to be expressly stated in the
contract.
(e) This Notice shall be marked on any reproduction of this computer
software, in whole or in part.
(ii) Where it is impractical to include the above Notice on
restricted computer software, the following short-form Notice may be
used in lieu thereof:
Use, reproduction, or disclosure is subject to restrictions set forth
in Contract No. ------ (and subcontract ------ if appropriate) with
------ (name of contractor and subcontractor).
(e) Alternate IV. As prescribed in 1927.405(a)(5) substitute the
following subparagraph (c)(1) in the clause:
(c)(1) Data first produced in the performance of this contract.
Unless provided otherwise in paragraph (d) of this clause, the
contractor may establish claim to copyright subsisting in scientific and
technical, or professional journals. The prior, express written
permission of the contracting officer is required to establish claim to
copyright subsisting in all other data first produced in the performance
of this contract in accordance with USIA Acquisition Regulation
1927.403(b)(8). When claim, to copyright is made, the contractor shall
affix the applicable copyright notices of 17 U.S.C. 401 or 402 to the
data when such data is delivered to the Government, and include that
notice as well as acknowledgement of Government sponsorship on the data
when published or deposited in the U.S. Copyright Office. The
contractor grants to the Government, and others acting on its behalf, a
paid-up, nonexclusive, irrevocable worldwide license to reproduce,
prepare derivative works, distribute copies to the public, and perform
publicly and display publicly, by or on behalf of the Government, for
all such data.
(f) Alternate V. as prescribed in 1927.405(a)(6), add the following
paragraph (j) to the clause:
(j) The contractor agrees, except as may be otherwise specified in
this contract for specific data items listed as not subject to this
paragraph, that the contracting officer or an authorized representative
may, at all reasonable times up to three years after acceptance of all
items to be delivered under this contract, inspect at the contractor's
facility any data withheld under subparagraph (g)(1) of this clause, or
any data specifically used in the performance or verifying the
contractor's assertion pertaining to the limited rights or restricted
rights status of the data. Where the contractor whose data is to be
inspected demonstrates to the contracting officer that there would be a
possible conflict of interest if the inspection were made by a
particular representative, the contracting officer shall designate an
alternate inspector.
48 CFR 1952.227-71 Notification of limited-rights data and restricted
computer software.
As prescribed in 1927.405(b) insert the following provision in
solicitations that include the clause at 1952.227-70, Rights in Data --
General:
(a) This solicitation sets forth the work to be performed and the
Government's known requirements for data (as defined in USIA Acquistion
Regulation, 1927.401). Any resulting contract may also provide the
Government the option to order additional data under the Additional Data
Requirements clause (USIA Acquisition Regulation 1952.227-73) if
included in the contract. Any data delivered under the resulting
contract will be subject to the Rights in Data -- General clause (USIA
Acquisition Regulation 1952.227-71) that is to be included in this
contract. Under this clause, a contractor may withhold from delivery
data that qualifies as limited-rights data or restricted computer
software, and delivered form, fit, and function data in lieu thereof.
This clause also may be used with Alternates II and/or III to obtain
delivery of limited-rights data or restricted computer software with
limited rights or restricted rights. In addition, use of alternate V
with this clause provides the Government with the right to inspect such
data at the contractor's facility.
(b) As an aid in determining the Government's need to include any of
the above Alternates in the clause at 1952.227-70, Rights in Data --
General, the offeror's response to this solicitation shall, to the
extent feasible, either state that none of the data qualifies as
limited-rights data or restricted computer software, or identify which
of the data qualifies as limited-rights data or restricted computer
software. Any identification of limited-rights data or restricted
computer software in the offeror's response is not determinative of the
status of such data should a contract be awarded to the offeror.
48 CFR 1952.227-72 Additional data requirements.
As prescribed in 1927.405(c), insert the following clause in
solicitations and contracts involving experimental, developmental or
research work, except those awards using small purchase procedures.
This clause may be used in solicitations and contracts for other types
of work after consultation with legal counsel:
(a) In addition to the data (as defined in the Rights in Data --
General clause included in this contract) specified elsewhere in this
contract to be delivered, the contracting officer may at any time during
contract performance or within a period of three years after acceptance
of all items to be delivered under this contract, order any data first
produced or specifically used in the performance of this contract.
(b) The Rights in Data -- General clause included in this contract is
applicable to all data ordered under this Additional Data Requirements
clause. Nothing contained in this clause shall require the contractor
to deliver any data: (1) The withholding of which is authorized by the
Rights in Data -- General clause of this contract; or (2) which is
specifically identified in this contract as not subject to this clause.
(c) When data is to be delivered under this clause, the contractor
will be compensated for: (1) Converting the data into the prescribed
form, (2) reproduction; and (3) delivery.
(d) The contracting officer may release the contractor from the
requirements of this clause for specifically indentified data items at
any time during the three-year period set forth in paragraph (a) of this
clause.
1952.227-73 Rights in data -- Special works. (Reserved)
1952.227-74 Rights in data -- Existing works. (Reserved)
48 CFR 1952.227-75 Rights in technical data -- Specific acquisition.
As prescribed in 1927.405(f), insert the following clause:
(a) Definition. Technical Data means recorded information,
regardless of form or characteristic, of a scientific or technical
nature. It may, for example, document research, experimental,
developmental or engineering work; or be able or used to define a
design or process or to procure, produce, support, maintain, or operate
material. The Data may be graphic or pictorial delineations in media
such as drawings or photographs; text in specifications or related
performance or design type documents; or computer printouts. Examples
of technical data include research and engineering data, engineering
drawings and associated lists, specifications, standards, process
sheets, manuals, technical reports, catalog item identifications, and
related information, and documentation related to computer software.
Technical data does not include computer software or financial,
administrative, cost and pricing, and management data, or other
information incidental to contract administration.
(b) Government Rights. The Government may duplicate, use and
disclose in any manner and for any purpose whatsoever, and have others
so do, all or any part of the technical data delivered by the Contractor
to the Government under this contract.
(c) Copyright. (1) In addition to the rights granted under the
provisions of paragraph (b) of this clause, the Contractor hereby grants
to the Government a nonexclusive, paid-up license throughout the world
under any copyright owned by the Contractor, in any work of authorship
prepared for or acquired by the Government under this contract, to
reproduce the work in copies or phonorecords, to distribute copies of
phonorecords to the public, to perform or display the work publicly, and
to prepare derivative works thereof, and to have others do so for
Government purposes.
(2) Unless written approval of the Contracting Officer is obtained,
the Contractor shall not include in technical data prepared for or
acquired by the Government under this contract any works of authorship
in which copyright is not owned by the Contractor without acquiring for
the Government any rights necessary to perfect a copyright license of
the scope specified in paragraph (c)(1) of this clause.
(3) As between the Contractor and the Government, the Contractor
shall be considered the ''person for whom the work was prepared'' for
the purpose of determining authorship under section 201(b) of title 17,
United States Code.
(4) Technical data delivered under this contract which carries a
copyright notice shall also include the following statement which shall
be placed thereon by the Contractor, or should the contractor fail, by
the Government:
This material may be reproduced by or for the U.S. Government
pursuant to the copyright license under the clause at 1952.227-75 (Feb.
85).
(d) Relation to Patents. Nothing contained in this clause shall
imply a license to the Government under any patent, or be construed as
affecting the scope of any license or other right otherwise granted to
the Government under any patent.
(e) Limitation on Charges for Data. The Contractor recognizes that
the Government may contract for property or services with respect to
which the vendor may be liable to the Contractor for charges for the use
of technical data on account of such a contract. The Contractor further
recognizes that it is the policy of the Government not to pay in
connection with its contracts, or to allow to be paid in connection with
contracts made with funds derived through the United States Government,
charges for data which the Government has a right to use and disclose to
others, which is in the public domain, which the Government has been
given without restrictions upon its use and disclosure to others. This
policy does not apply to reasonable reproduction, handling, mailing, and
similar administrative costs incident to the furnishing of such data.
In recognition of this policy, the Contractor agrees to participate in
and make appropriate arrangements for the exclusion of such charges from
such contracts, or for the refund of amounts received by the Contractor
with respect to any such charges not so excluded.
48 CFR 1952.227-76 Government rights (unlimited).
As prescribed in 1927.405(g), insert the following clause:
The Government shall have unlimited rights, in all drawings, designs,
specifications, notes and other works developed in the performance of
this contract, including the right to use same on any other Government
design or construction without additional compensation to the
Contractor. The Contractor hereby grants to the government a paid-up
license throughout the world to all such works to which he may assert or
establish any claim under design patent or copyrights laws. The
Contractor for a period of three years after completion of the project
agrees to furnish the original or copies of all such works on the
request of the Contracting Officer.
48 CFR 1952.227-77 Rights in shop drawings.
As prescribed in 1927.405(h), insert the following clause:
(a) Shop drawings for construction means drawings, submitted to the
Government by the Construction Contractor, subcontractor or any lower
tier subcontractor pursuant to a construction contract, showing in
detail (i) the proposed fabrication and assembly of structural elements
and (ii) the installation (i.e., form, fit, and attachment details) of
materials or equipment. The Government may duplicate, use, and disclose
in any manner and for any purpose shop drawings delivered under this
contract.
(b) This clause, including this paragraph (b), shall be included in
all subcontracts hereunder at any tier.
48 CFR 1952.227-78 Disposition of prints and videotape recordings.
As prescribed in 1927.405(j) insert the following clause in License
Agreements:
If the Agency elects to discontinue distribution and exhibition
hereunder, or upon expiration of the term of this License Agreement, the
Agency will destroy all prints and erase all videotape recordings of the
Film. A certificate(s) attesting to such destruction and/or erasure
will be furnished the Licensor upon its written request.
48 CFR 1952.232-70 Payment due date -- F.O.B. Destination or F.A.S.
Vessel.
As prescribed in 1932.111(a), insert a clause substantially the same
as the following in contracts for supplies when delivery is on an F.O.B.
Destination of F.A.S. Vessel basis or in service contracts for
nonrecurring work payable upon completion of performance. Contracts
providing advance payments or contracts for utilities covered by tariff
are excluded:
A. Payments under the contract will be due on the ------ * calendar
day after the later of:
(1) The date of actual receipt of a proper invoice in the office
designated to receive the invoice, or
(2) The date the supplies or services are accepted by the Government.
B. For the purpose of determining the due date for payment and for no
other purpose, acceptance will be deemed to occur on the ------ **
calendar day after the date of delivery of the supplies or completion of
service performance in accordance with the terms of the contract.
C. If the supplies or services are rejected for failure to conform to
the technical requirements of the contract, such as damage in transit or
otherwise, the provisions in paragraph (b) of this clause will apply to
the new delivery of replacement supplies or satisfactory completion of
the services.
D. The date of the check issued in payment or the date of payment by
wire transfer through the Treasury Financial Communications System shall
be considered to be the date payment is made.
*The contracting officer should insert an appropriate number (e.g.,
30 days, unless some other number of days is necessary).
**The contracting officer should insert a number (e.g., 15 days,
unless some other number of days is necessary).
48 CFR 1952.232-71 Payment due date -- F.O.B. Origin.
As prescribed in 1932.111(a), insert a clause substantially the same
as the following in contracts for supplies when delivery is on as F.O.B.
Origin basis with inspection and acceptance at source and proof of
shipment (e.g., a GBL) is to be required to be furnished with the
invoice and in nonpersonal service contracts when the contractor's
invoice covers services performed on a recurring basis with periodic
billings:
A. Payments under this contract will be due on the ------ * calendar
day after the date of actual receipt of a proper invoice in the office
designated to receive the invoice. The invoice must include proper
documentation that the supplies have been delivered to and accepted for
shipment by an approved carrier; or in the case of services, that the
services have been rendered and accepted.
B. However, when the contract specifies that inspection and
acceptance will take place at the ultimate destination point, payment
for items shipped F.O.B. Origin will not constitute final acceptance.
C. The date of the check issued in payment or the date of payment by
wire transfer through the Treasury Financial Communications System shall
be considered to be the date payment is made.
*The contracting officer should insert an appropriate number (e.g.,
30 days, unless some other number of days is necessary).
48 CFR 1952.232-72 Interest on overdue payments.
As prescribed in 1932.111(b), insert the following clause in
solicitations and contracts for supplies and services, including
construction, and in leases of real property.
(a) The Prompt Payment Act, Pub. L. 97-177 (96 Stat. 85, 31 U.S.C.
1801) is applicable to payments under this contract, except contracts
providing advance payments or contracts for utilities covered by tariff,
and requires the payment to contractors of interest on overdue payments
and improperly taken discounts.
(b) Determinations of interest due will be made in accordance with
the provisions of the Prompt Payment Act and Office of Management and
Budget Circular A-125.
48 CFR 1952.232-73 Invoice requirements.
As prescribed in 1932.111(c), insert the following clause in
solicitations and contracts for supplies or services which require the
submission of invoices:
Invoices shall be submitted in an original and one (1) copy to the
Government office designated in this contract or on the delivery order
to receive invoices. To constitute a proper invoice, the invoice must
include the following information and/or attached documentation:
(1) Name of the business concern and invoice date.
(2) Contract number, or other authorization for delivery of property
or services.
(3) Description, price, and quantity of property and services
actually delivered or rendered.
(4) Shipping and payment terms, and such other substantiating
documentation or information as required by the contract.
(5) Name (where practicable), title, phone number, and complete
mailing address of responsible official to whom payment is to be sent.
48 CFR 1952.232-74 Method of payment.
As prescribed in 1932.111(d), insert the following clause in
solicitations and contracts:
A. Payments under this contract will be made either by check or by
wire transfer through the Treasury Financial Communications System at
the option of the Government.
B. The Contractor shall forward the following information in writing
to the Contracting Officer not later than 7 days after receipt of notice
of award:
(1) Full name (where practicable), title, phone number, and complete
mailing address of responsible official(s) (i) to whom check payments
are to be sent, and (ii) who may be contacted concerning the bank
account information requested below.
(2) The following bank account information required to accomplish
wire transfers:
(i) Name, address, and telegraphic abbreviation of the receiving
financial institution.
(ii) Receiving financial institution's 9-digit American Bankers
Association (ABA) identifying number for routing transfer of funds.
(Provide this number only if the receiving financial institution has
access to the Federal Reserve Communications System.)
(iii) Recipient's name and account number at the receiving financial
institution to be credited with the funds.
(iv) If the receiving financial institution does not have access to
the Federal Reserve Communications System, provide the name of the
correspondent financial institution through which the receiving
financial institution receives electronic funds transfer messages. If a
correspondent financial institution is specified, also provide:
(a) Address and telegraphic abbreviation of the correspondent
financial institution.
(b) The correspondent financial institution's 9-digit ABA identifying
number for routing transfer of funds.
C. Any changes to the information furnished under paragraph B. of
this clause shall be furnished to the Contracting Officer in writing at
least 30 days before the effective date of the change. It is the
Contractor's responsibility to furnish these changes promptly to avoid
payments to erroneous addresses or bank accounts.
D. The document furnishing the information required in paragraphs B.
and C. must be dated and contain the signature, title, and telephone
number of the Contractor official authorized to provide it, as well as
the Contractor's name and contract number.
48 CFR 1952.242-70 Authorized Representative of the Contracting Officer.
As prescribed in 1942.202-70 insert the following clause in
solicitations and contracts:
The Contracting Officer will appoint by letter an Authorized
Representative of the Contracting Officer (AR/CO) who will be given the
responsibility of ensuring that the work conforms to the requirements of
the contract and such other responsibilities as are specifically
identified in the letter of authorization, unless specifically delegated
such authority, in writing, by the Contracting Officer. The AR/CO shall
not have the authority to make changes in the scope or terms and
conditions of the contract; only the Contracting Officer has such
authority. the resultant contractor is hereby forewarned that it may be
held fully responsible for any changes not authorized in advance, in
writing, by the contracting officer, any may be denied compensation for
any additional work performed which is not so authorized.
48 CFR 1952.242-70 PART 1953 -- FORMS
Editorial Note: IAAR forms referenced in this subpart do not appear
in the Code of Federal Regulations. The list of forms following
1953.370 is set forth for the convenience of the user. Forms may be
obtained by writing: Office of Contracts, United States Information
Agency, Washington, DC 20547.
Subpart 1953.3 -- Illustrations of Forms
Sec.
1953.300 Scope of subpart.
1953.370 USIA forms.
List of IAAR Forms
Authority: 40 U.S.C. 486(c).
Source: 50 FR 13224, Apr. 3, 1985, unless otherwise noted.
48 CFR 1952.242-70 Subpart 1953.3 -- Illustrations of Forms
48 CFR 1953.300 Scope of subpart.
This subpart contains illustrations of some forms referenced in this
IAAR.
48 CFR 1953.370 USIA forms.
This section contains illustrations of USIA forms references in this
IAAR.
48 CFR 1953.370 List of IAAR Forms
1953.370-21 USIA Form IA-21, Abstract of Quotations.
1953.370-44 USIA Form IA-44, Requisition-Purchase -- Order-Invoice
for Professional Services.
48 CFR 1953.370 48 CFR Ch. 20 (10-1-92 Edition)
48 CFR 1953.370 Nuclear Regulatory Commission
48 CFR 1953.370 CHAPTER 20 -- NUCLEAR REGULATORY COMMISSION
48 CFR 1953.370 (Parts 2000 to 2099)
Part
Page
2009 Contractor qualifications
48 CFR 1953.370
48 CFR 1953.370 48 CFR Ch. 20 (10-1-92 Edition)
48 CFR 1953.370 Nuclear Regulatory Commission
48 CFR 1953.370 PART 2009 -- CONTRACTOR QUALIFICATIONS
Sec.
48 CFR 1953.370 Subpart 2009.4 -- Debarment, Suspension, and
Ineligibility
2009.403 Definitions.
2009.404 Consolidated list of parties excluded from Federal
procurement or non-procurement programs.
2009.405 Effect of listing.
2009.405-1 Continuation of current contracts.
2009.405-2 Restrictions on subcontracting.
2009.406 Debarment.
2009.406-3 Procedures.
2009.407 Suspension.
2009.407-3 Procedures.
2009.470 Appeals.
Authority: 42 U.S.C. 2201, sec. 201, 88 Stat. 1242; as amended 42
U.S.C. 5841; and 41 U.S.C. 418(b).
Source: 57 FR 29221, July 1, 1992, unless otherwise noted.
48 CFR 1953.370 Subpart 2009.4 -- Debarment, Suspension, and Ineligibility
48 CFR 2009.403 Definitions.
As used in 2009.4:
Debarring official means the Procurement Executive.
Initiating official means the contracting officer, the Head of the
Contracting Activity (HCA), the Procurement Executive, or the Inspector
General.
Suspending official means the Procurement Executive.
48 CFR 2009.404 Consolidated list of parties excluded from Federal
procurement or non-procurement programs.
The contracting officer responsible for the contract affected by the
debarment or suspension shall perform the actions required by FAR
9.404(c) (1)-(3).
48 CFR 2009.405 Effect of listing.
Compelling reasons are considered to be present where failure to
contract with the debarred or suspended contractor would seriously harm
the agency's programs and prevent accomplishment of mission
requirements. The Procurement Executive is authorized to make the
determinations under FAR 9.405. Requests for these determinations must
be submitted through the HCA to the Procurement Executive.
48 CFR 2009.405-1 Continuation of current contracts.
The HCA is authorized to make the determinations under FAR 9.405-1.
48 CFR 2009.405-2 Restrictions on subcontracting.
The HCA is authorized to approve subcontracts with debarred or
suspended subcontractors under FAR 9.405-2.
2009.406 Debarment.
48 CFR 2009.406-3 Procedures.
(a) Investigation and referral. When a contracting officer becomes
aware of possible irregularities or any information which may be
sufficient cause for debarment, the case must be referred through the
HCA to the Procurement Executive immediately. The case must be
accompanied by a complete statement of the facts (including a copy of
any criminal indictments, if applicable) along with a recommendation for
action. Where the statement of facts indicates the irregularities to be
possible criminal offenses, or for any other reason further
investigation is considered necessary, the matter must first be referred
to the HCA who will consult with the Office of the Inspector General to
determine if further investigation is required prior to referring to the
debarring official.
(b) Decision-making process. If, after reviewing the recommendations
and consulting with the Office of the General Counsel and, if
appropriate, the Office of the Inspector General, the debarring official
determines debarment is justified, the debarring official shall initiate
the proposed debarment in accordance with FAR 9.406-3(c) and notify the
HCA of the action taken. If the contractor fails to submit a timely
written response within 30 days after receipt of the notice, the
debarring official may notify the contractor in accordance with FAR
9.406-3(d) that the contractor is debarred.
(c) Fact-finding proceedings. For actions listed under FAR
9.406-3(b)(2), the contractor shall be given the opportunity to appear
at an informal hearing. The hearing should be held at a location and
time that is convenient to the parties concerned, and no later than 30
days after the contractor received the notice, if at all possible. The
contractor and any specifically named affiliates may be represented by
counsel or any duly authorized representative. Witnesses may be called
by either party. The proceedings must be conducted expeditiously and in
such a manner that each party will have an opportunity to present all
information considered pertinent to the proposed debarment.
2009.407 Suspension.
48 CFR 2009.407-3 Procedures.
(a) Investigation and referral. When a contracting officer becomes
aware of possible irregularities or any information which may be
sufficient cause for suspension, the case must be referred through the
HCA to the Procurement Executive immediately. The case must be
accompanied by a complete statement of the facts along with a
recommendation for action. Where the statement of facts indicates the
irregularities to be possible criminal offenses, or for any other reason
further investigation is considered necessary, the matter must first be
referred to the HCA who will consult with the Office of the Inspector
General to determine if further investigation is required prior to
referring the matter to the suspending official.
(b) Decision-making process. If, after reviewing the recommendations
and consulting with the Office of the General Counsel and, if
appropriate, the Office of the Inspector General, the suspending
official determines suspension is justified, the suspending official
shall initiate the proposed suspension in accordance with FAR
9.407-3(b)(2). The contractor shall be given the opportunity to appear
at an informal hearing, similar in nature to the hearing for debarments
as discussed in FAR 9.406-3(b)(2). If the contractor fails to submit a
timely written response within 30 days after receipt of the notice, the
suspending official may notify the contractor in accordance with
9.407-3(d) that the contractor is suspended.
48 CFR 2009.470 Appeals.
A debarred or suspended contractor may appeal the
debarring/suspending official's decision by mailing or otherwise
furnishing a written notice within 90 days from the date of the decision
to the Executive Director for Operations. A copy of the notice of
appeal must be furnished to the debarring/suspending official from whose
decision the appeal is taken.
48 CFR 2009.470 48 CFR Ch. 22 (10-1-92 Edition)
48 CFR 2009.470 Small Business Administration
48 CFR 2009.470 CHAPTER 22 -- SMALL BUSINESS ADMINISTRATION
48 CFR 2009.470 (Parts 2200 to 2299)
48 CFR 2009.470 SUBCHAPTER B -- ACQUISITION PLANNING
Part
Page
2209 Contractor qualifications
48 CFR 2009.470
48 CFR 2009.470 48 CFR Ch. 22 (10-1-92 Edition)
48 CFR 2009.470 Small Business Administration
48 CFR 2009.470 SUBCHAPTER B -- ACQUISITION PLANNING
48 CFR 2009.470 PART 2209 -- CONTRACTOR QUALIFICATIONS
48 CFR 2009.470 Subpart 2209.4 -- Debarment, Suspension, and
Ineligibility
Sec.
2209.400 Scope.
2209.401 Applicability.
2209.402 Policy.
2209.403 Definitions.
2209.405 Effect of listing.
2209.405-1 Continuation of current contracts.
2209.405-2 Restrictions on subcontracting.
2209.406 Debarment.
2209.406-1 General.
2209.406-2 Causes for debarment.
2209.406-3 Procedures.
2209.406-4 Period of debarment.
2209.406-5 Scope of debarment.
2209.407 Suspension.
2209.407-1 General.
2209.407-2 Causes for suspension.
2209.407-3 Procedures.
2209.407-4 Period of suspension.
2209.407-5 Scope of suspension.
Authority: Sec. 5(b)(6) of the Small Business Act, 15 U.S.C.
634(b)(6).
Source: 49 FR 28849, July 17, 1984, unless otherwise noted.
48 CFR 2009.470 Subpart 2209.4 -- Debarment, Suspension, and Ineligibility
48 CFR 2209.400 Scope.
(a) These regulations:
(1) Prescribe policies and procedures governing the debarment and
suspension of contractors by SBA for the causes given in 2209.406-2 and
2209.407-2;
(2) Provide for the listing of these debarred and suspended
contractors, and of contractors declared ineligible (see the definition
of ''ineligible'' in 2209.403; and
(3) Set forth the consequences of this listing.
(b) These regulations do not prescribe policies and procedures
governing declaration of ineligibility. However, they do cover the
listing of ineligible contractors and the effect of this listing.
48 CFR 2209.401 Applicability.
These regulations apply to contractors doing business directly with
SBA. They do not apply to recipients of SBA financial or guarantee
assistance, nor do they apply to SBA's small business set aside or
Section 8(a) programs.
48 CFR 2209.402 Policy.
(a) SBA shall solicit offers from, award contracts to, and consent to
subcontracts with responsible business concerns and individuals only.
Debarment and suspension by SBA are discretionary actions that, taken in
accordance with these regulations, are appropriate means to effectuate
this policy.
(b) The serious nature of debarment and suspension requires that
these sanctions be imposed only in the public interest, for the
Government's protection and not for purposes of punishment. SBA shall
impose debarment or suspension to protect the Government's interest and
only for the causes and in accordance with the procedures set forth in
these regulations.
48 CFR 2209.403 Definitions.
(a) Adequate evidence means information sufficient to support the
reasonable belief that a particular act or omission has occurred.
(b) Affiliates. Business concerns or individuals are affiliates if,
directly or indirectly, (1) either one controls or can control the other
or (2) a third party controls or can control both.
(c) Agency, as used in these regulations means, SBA, or any other
agency of the Executive Branch consistent with the context in which the
term is used.
(d) Consolidated list of debarred, suspended, and ineligible
contractors means a list compiled, maintained, and distributed by the
General Services Administration containing the names of contractors
debarred or suspended by agencies under the procedures of OMB Policy
Letter 82-1 (June 24, 1982), as well as contractors declared ineligible
under other statutory or regulatory authority.
(e) Contractor, as used in these regulations, means any individual or
other legal entity that:
(1) Submits offers for or is awarded, or reasonably may be expected
to submit offers for or be awarded, a contract by SBA or a subcontract
under a contract with SBA, or
(2) Conducts business with SBA as an agent or representative of
another contractor.
(f) Conviction means a judgment or conviction of a criminal offense
by any court of competent jurisdiction, whether entered upon a verdict
or a plea, and includes a conviction entered upon a plea of nolo
contendere.
(g) Debarment, as used in these regulations, means action taken by a
debarring official under 2209.406 to exclude a contractor from
Government contracting for a reasonable, specified period; a contractor
so excluded is ''debarred.''
(h) Debarring official means (1) the SBA Administrator or (2) a
designee authorized by the SBA Administrator to impose debarment. That
designated official is the SBA's Associate Administrator for Procurement
and Technical Assistance.
(i) Indictment means indictment for a criminal offense. An
information or other filing by competent authority charging a criminal
offense shall be given the same effect as an indictment.
(j) Ineligible, as used in these regulations, means excluded from
Government contracting (and subcontracting, if appropriate) pursuant to
statutory, Executive Order, or regulatory authority other than these
regulations; for example, the Davis-Bacon Act and its related statutes
and implementing regulations, the Service Contract Act, the Equal
Employment Opportunity Acts and Executive orders, the Walsh-Healey
Public Contracts Act, the Buy American Act, and the Environmental
Protection Acts and Executive orders.
(k) Legal Proceedings means any civil judicial proceeding to which
the Government is a party or any criminal proceeding. The term includes
appeals from such proceedings.
(l) Preponderance of the evidence means proof by information that,
compared with that opposing it, leads to the conclusion that the fact at
issue is more probably true than not.
(m) Suspending official means (1) the SBA Administrator or (2) a
designee authorized by the SBA Administrator to impose suspension. That
designated official is SBA's Associate Administrator for Procurement and
Technical Assistance.
(n) Suspension, as used in these regulations, means action taken by a
suspending official under 2209.407 to disqualify a contractor
temporarily from Government contracting; a contractor so disqualified
is ''suspended.''
48 CFR 2209.405 Effect of listing.
(a) Contractors debarred or suspended by SBA, under 2209.406 or
2209.407 of these regulations, or by any other executive agency are
excluded from receiving contracts, and SBA shall not solicit offers
from, award contracts to, or consent to subcontracts with these
contractors, unless SBA determines that there is a compelling reason for
such action (see 2009.405-2, 2209.406-1(c) and 2209.407-1(d)).
(b) SBA will establish a list of its debarred or suspended
contractors, and the Associate Administrator for Procurement and
Technical Assistance will distribute this list to the General Services
Administration within five working days after the action becomes
effective.
(c) Contractors listed as having been declared ineligible on the
basis of statutory or other regulatory procedures are excluded from
receiving contracts and, if applicable, subcontracts, under the
conditions and for the period set forth in the statute or regulation.
SBA shall not solicit offers from, award contracts to, or consent to
subcontracts with these contractors under those conditions and for that
period.
48 CFR 2209.405-1 Continuation of current contracts.
(a) Notwithstanding the listing of a contractor for the causes set
forth in these regulations, SBA may continue contracts or subcontracts
in existence at the time the contractor was debarred or suspended,
unless SBA's Administrator directs otherwise. A decision as to the type
of termination action, if any, to be taken will be made only after
review by agency contracting and technical personnel and by counsel to
ensure the propriety of the proposed action.
(b) SBA shall not renew current contracts or subcontracts of debarred
or suspended contractors, or otherwise extend their duration, unless
SBA's Administrator or the Associate Administrator for Procurement and
Technical Assistance states in writing the compelling reasons for
renewal or extension.
48 CFR 2209.405-2 Restrictions on subcontracting.
When a debarred or suspended contractor is proposed as a
subcontractor for any subcontract subject to SBA's consent, approval
shall not be given unless the SBA Administrator or SBA's Associate
Administrator for Procurement and Technical Assistance states in writing
the compelling reasons for this approval.
2209.406 Debarment.
48 CFR 2209.406-1 General.
(a) The debarring official may, in the public interest, debar a
contractor for any of the causes in 2209.406-2, using the procedures in
2209.406-3. The existence of a cause for debarment under 2209.406-2,
however, does not necessarily require that the contractor be debarred;
the seriousness of the contractor's acts or omissions and any mitigating
factors will be considered in making any debarment decision.
(b) Debarment constitutes debarment of all divisions or other
organizational elements of the contractor, unless the debarment decision
is limited by its terms to specific divisions, organizational elements,
or commodities. The debarring official may extend the debarment
decision to include any affiliates of the contractor if they are (1)
specifically named and (2) given written notice of the proposed
debarment and an opportunity to respond (see 2209.406-3(c)).
(c) A contractor's debarment shall be effective throughout the
Executive Branch of the Government, unless an acquiring agency's head or
a designee states in writing the compelling reasons justifying continued
business dealings between that agency and the contractor.
48 CFR 2209.406-2 Causes for debarment.
The debarring official may debar a contractor for any of the causes
listed in paragraphs (a) through (c) of this section:
(a) Conviction of or civil judgment for --
(1) Commission of fraud or a criminal offense in connection with (i)
obtaining, (ii) attempting to obtain, or (iii) performing a public
contract or subcontract;
(2) Violation of Federal or State antitrust statutes relating to the
submission of offers;
(3) Commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or
receiving stolen property; or
(4) Commission of any other offense indicating a lack of business
integrity or business honesty that seriously and directly affects the
present responsibility of a Government contractor or subcontractor.
(b) Violation of the terms of a Government contract or subcontract so
serious as to justify debarment, such as --
(1) Willful failure to perform in accordance with the terms of one or
more contracts; or
(2) A prolonged history of failure to perform, or of extremely
unsatisfactory performance of, one or more contracts.
(c) Any other cause so serious or compelling that it affects the
present responsibility of a Government contractor or subcontractor.
48 CFR 2209.406-3 Procedures.
(a) Investigation and referral. Whenever cause for debarment becomes
known to a contracting officer, the matter shall be referred through the
Assistant Administrator for Administration to the Associate
Administrator for Procurement and Technical Assistance. Information
concerning actual or suspected fraudulent or criminal conduct and other
irregularities which might serve as the basis for debarment of a concern
or an individual shall be forwarded by the Associate Administrator for
Procurement and Technical Assistance to SBA's Office of Inspector
General. Upon receipt of such reports, or upon otherwise becoming aware
of such actual or suspected conduct and irregularities, the Office of
Inspector General will conduct, supervise, or coordinate such
investigation as that Office deems necessary and, pursuant to any such
investigation, will forward a report or findings to the Associate
Administrator for Procurement and Technical Assistance.
(b) Decisionmaking process. (1) SBA has established procedures
governing the debarment decisionmaking process that are as informal as
practicable, consistent with principles of fundamental fairness and due
process of law. These procedures afford the contractor (and any
specifically named affiliates) an opportunity to submit, in person, in
writing, or through a representative, information and argument in
opposition to the proposed debarment.
(2) In actions not based upon a conviction or judgment, if it is
found that the contractor's submission in opposition raises a genuine
dispute over facts material to the proposed debarment, SBA shall also --
(i) Afford the contractor an opportunity to appear before its Office
of Hearings and Appeals with counsel and consistent with the procedures
established by that Office, submit documentary evidence, present
witnesses, and confront any person the agency presents; and
(ii) Make a transcribed record of the proceedings and make it
available at cost to the contractor upon request, unless the contractor
and the agency, by mutual agreement, waive the requirement for a
transcript.
(c) Notice of proposal to debar. Debarment shall be initiated by the
debarring official advising the contractor and any specifically named
affiliates, by certified mail, return receipt requested --
(1) That debarment is being proposed;
(2) Of the reasons for the proposed debarment in terms sufficient to
put the contractor on notice of the conduct or transaction(s) upon which
it is based;
(3) Of the cause(s) relied upon under 2209.406-2;
(4) That, within 30 days after receipt of the notice, the contractor
may submit, in person, in writing, or through a representative,
information and argument in opposition to the proposed debarment,
including any additional specific information that raises a genuine
dispute over the material facts;
(5) Of SBA's procedures governing debarment decisionmaking;
(6) of the potential effect of the proposed debarment; and
(7) If no suspension is in effect under 2209.407, that no contracts
will be awarded to the contractor pending a debarment decision.
(d) Debarring official's decision. (1) In actions based upon a
conviction or judgment, or in which there is no genuine dispute over
material facts, the debarring official shall make a decision on the
basis of all the information in the administrative record, including any
submission made by the contractor. If no suspension is in effect under
2209.407, the decision shall be made within 30 working days after
receipt of any information and argument submitted by the contractor,
unless the debarring official extends this period for good cause.
(2)(i) In actions in which additional proceedings are necessary as to
disputed material facts, the debarring official shall refer the matter
to SBA's Office of Hearings and Appeals for findings of fact and a
recommended decision. The debarring official may adopt, reject, modify
or remand such decision for further appropriate findings. The debarring
official shall then base the final decision on the facts as found,
together with any information and argument submitted by the contractor
and any other information in the administrative record.
(ii) In actions in which there are no material facts in dispute, a
final decision and written findings of fact shall be prepared by the
debarring official which shall be concurred in by the SBA's General
Counsel. The final decision will be based upon the facts as found in
the administrative record, together with any information and argument
submitted by the contractor and any other information in the
administrative record.
(3) In any action in which the proposed debarment is not based upon a
conviction or civil judgment, the cause for debarment must be
established by a preponderance of the evidence.
(e) Notice of debarring official's decision. (1) If the debarring
official decides to impose debarment, the contractor and any affiliates
involved shall be given prompt notice by certified mail, return receipt
requested --
(i) Referring to the notice of proposed debarment;
(ii) Specifying the reasons for debarment;
(iii) Stating the period of debarment, including effective dates (see
2209.406-4); and
(iv) Advising that the debarment is effective throughout the
Executive Branch of the Government unless the head of an acquiring
agency or a designee makes the statement called for by 2209.406-1(c).
(2) If debarment is not imposed, the debarring official shall
promptly notify the contractor and any affiliates involved, by certified
mail, return receipt requested.
48 CFR 2209.406-4 Period of debarment.
(a) Debarment shall be for a period commensurate with the seriousness
of the cause(s). Generally, a debarment should not exceed 3 years. If
suspension precedes a debarment, the suspension period shall be
considered in determining the debarment period.
(b) The debarring official may extend the debarment for an additional
period, if that official determines that an extension is necessary to
protect the Government's interest. However, a debarment may not be
extended solely on the basis of the facts and circumstances upon which
the initial debarment action was based. If debarment for an additional
period is determined necessary, the procedures of 2209.406-3 of this
subpart shall be followed to extend the debarment.
(c) The debarring official may reduce the period or extent of
debarment, upon the contractor's request, supported by documentation,
for reasons such as --
(1) Newly discovered material evidence;
(2) Reversal of the conviction or judgment upon which the debarment
was based;
(3) Bona fide change in ownership or management of the debarred
concern;
(4) Elimination of other causes for which the debarment was imposed;
or
(5) Other reasons the debarring official deems appropriate.
48 CFR 2209.406-5 Scope of debarment.
(a) The fraudulent, criminal, or other seriously improper conduct of
any officer, director, shareholder, partner, employee, or other
individual associated with a contractor may be imputed to the contractor
when the conduct occurred in connection with the individual's
performance of duties for or on behalf of the contractor, or with the
contractor's knowledge, approval, or acquiescence. The contractor's
acceptance of the benefits derived from the conduct shall be evidence of
such knowledge, approval, or acquiescence.
(b) The fraudulent, criminal, or other seriously improper conduct of
a contractor may be imputed to any officer, director, shareholder,
partner, employee, or other individual associated with the contractor
who participated in, knew if, or had reason to know of the contractor's
conduct.
(c) The fraudulent, criminal, or other seriously improper conduct of
one contractor participating in a joint venture or similar arrangment
may be imputed to other participating contractors if the conduct
occurred for or on behalf of the joint venture or similar arrangment or
with the knowledge, approval, or acquiescence of these contractors.
Acceptance of the benefits derived from the conduct shall be evidence of
such knowledge, approval, or acquiescence.
2209.407 Suspension.
48 CFR 2209.407-1 General.
(a) The suspending official may, in the public interest, suspend a
contractor for any of the causes in 2209.407-2, using the procedures in
2209.407-3.
(b) Suspension is a serious action to be imposed on the basis of
adequate evidence, pending the completion of investigation or legal
proceedings, when it has been determined that immediate action is
necessary to protect the Government's interest. In assessing the
adequacy, of the evidence, SBA will consider how much information is
available, how credible it is given the circumstances, whether or not
important allegations are corroborated, and what inferences can
reasonably be drawn as a result. This assessment will include an
examination of basic documents such as contracts, inspection reports,
and correspondence.
(c) Suspension constitutes suspension of all divisions or other
organizational elements of the contractor, unless the suspension
decision is limited by its terms to specific divisions, organizational
elements, or commodities. The suspending official may extend the
suspension decision to include any affiliates of the contractor if they
are (1) specifically named and (2) given written notice of the
suspension and an opportunity to respond (see 2209.407-3(c)).
(d) A contractor's suspension shall be effective throughout the
Executive Branch of the Government, unless an acquiring agency's head or
a designee states in writing the compelling reasons justifying continued
business dealings between that agency and the contractor.
48 CFR 2209.407-2 Causes for suspension.
(a) The suspending official may suspend a contractor suspected, upon
adequate evidence, of --
(1) Commission of fraud or a criminal offense in connection with
obtaining, (i) attempting to obtain, or (ii) performing a public
contract or subcontract;
(2) Violation of Federal or State antitrust statutes relating to the
submission of offers;
(3) Commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or
receiving stolen property; or
(4) Commission of any other offense indicating a lack of business
integrity or business honesty that seriously and directly affects the
present responsibility of a Government contractor or subcontractor.
(b) Indictment for any of the causes in paragraph (a) of this
section, constitutes adequate evidence for suspension.
(c) Violation of the terms of a Government contract or subcontract so
serious as to justify suspension, such as --
(1) Willful failure to perform in accordance with the terms of one or
more contracts; or
(2) A prolonged history of failure to perform or of extremely
unsatisfactory performance of, one or more contracts.
(d) The suspending official may upon adequate evidence also suspend a
contractor for any other cause so serious or compelling that it affects
the present responsibility of a Government contractor or subcontractor.
48 CFR 2209.407-3 Procedures.
(a) Investigation and referral. Whenever cause for suspension
becomes known to a contracting officer, the matter shall be referred
through the Assistant Administrator for Administration to the Associate
Administrator for Procurement and Technical Assistance. Information
concerning actual or suspected fraudulent or criminal conduct and other
irregularities which might serve as the basis for suspension of a
concern or an individual shall be forwarded by the Associate
Administrator for Procurement and Technical Assistance to SBA's Office
of Inspector General. Upon receipt of such reports, or upon otherwise
becoming aware of such actual or suspected conduct and irregularities,
the Office of Inspector General will conduct, supervise, or coordinate
such investigation as that Office deems necessary and, pursuant to any
such investigation, will forward a report or findings to the Associate
Administrator for Procurement and Technical Assistance.
(b) Decisionmaking process. (1) SBA has established procedures
governing the suspension decisionmaking process that are as informal as
is practicable, consistent with principles of fundamental fairness and
due process. These procedures afford the contractor (and any
specifically named affiliates) an opportunity, following the imposition
of suspension, to submit, in person, in writing or through a
representative, information and argument in opposition to the
suspension.
(2) In actions not based on an indictment, if it is found that the
contractor's submission in opposition raises a genuine dispute over
facts material to the suspension and if no determination has been made,
on the basis of the Department of Justice advice, that substantial
interests of the Government in pending or contemplated legal proceedings
based on the same facts as the suspension would be prejudiced, SBA will
also --
(i) Afford the contractor an opportunity to appear before SBA's
Office of hearings and Appeals with counsel, submit documentary
evidence, present witnesses and confront any person SBA presents; and
(ii) Make a transcribed record of the proceedings and make it
available at cost to the contractor upon request, unless the contractor
and the agency, by mutual agreement, waive the requirement for a
transcript.
(c) Notice of suspension. When a contractor and any specifically
named affiliates are suspended, they shall be immediately advised by the
suspending official by certified mail, return receipt requested --
(1) That they have been suspended and that the suspension is based on
an indictment or other adequate evidence that the contractor has
committed irregularities (i) of a serious nature in business dealings
with the Government or (ii) seriously reflecting on the propriety of
further Government dealings with the contractor; any such
irregularities shall be described in terms sufficient to place the
contractor on notice without disclosing the Government's evidence;
(2) That the suspension is for a temporary period pending the
completion of an investigation and such legal proceeding as may ensue.
(3) Of the cause(s) relied upon under 2209.407-2 for imposing
suspension;
(4) Of the effect of the suspension;
(5) That, within 30 days after receipt of the notice, the contractor
may submit, in person, in writing or through a representative,
information and argument in opposition to the suspension, including any
additional specific information that raises a genuine dispute over
material facts; and
(6) That additional proceedings to determine disputed material facts
will be conducted unless (i) the action is based on an indictment or
(ii) a determination is made, on the basis of Department of Justice
advice, that the substantial interests of the Government in pending or
contemplated legal proceedings based on the same facts as the
suspensions would be prejudiced.
(d) Suspending official's decision. (1) In actions (i) based on an
indictment, (ii) in which the contractor's submission does not raise a
genuine dispute over material facts; or (iii) in which additional
proceedings to determine disputed material facts have been denied on the
basis of Department of Justice advice, the suspending official's
decision shall be based on all the information in the administrative
record, including any submission made by the contractor.
(2)(i) In actions in which additional proceedings are necessary as to
disputed material facts, the suspending official shall refer such
matters to SBA's Office of Hearings and Appeals for findings of fact and
a recommended decision. The suspending official may adopt, reject,
modify or remand any such decision for further appropriate findings.
The suspending official shall then base the final Agency decision on the
facts as found, together with any information and argument submitted by
the contractor and any other information in the administrative record.
(ii) In actions in which there are no material facts in dispute, a
final decision and written findings of fact shall be prepared by the
suspending official which shall be concurred in by the SBA's General
Counsel. The final decision will be based upon the facts as found in
the administrative record, together with any information and argument
submitted by the contractor and any other information in the
administrative record.
(3) The suspending official may modify or terminate the suspension or
leave it in force (for example, see 2209.407-4(c) for the reasons for
reducing the period or extent of debarment). However, a decision to
modify or terminate the suspension shall be without prejudice to the
subsequent imposition of suspension by any other agency or the
imposition of debarment by any agency.
(4) Prompt written notice of the suspending official's decision shall
be sent to the contractor by certified mail, return receipt requested.
48 CFR 2209.407-4 Period of suspension.
(a) Suspension shall be for a temporary period pending the completion
of investigation and any ensuing legal proceedings, unless sooner
termination by the suspending official or as provided in this section.
(b) If legal proceedings are not initiated within 12 months after the
date of the suspension notice, the suspension shall be terminated unless
an Assistant Attorney General requests its extension, in which case it
may be extended for an additional 6 months. In no event may a
suspension extend beyond 18 months, unless legal proceedings have been
initiated within that period.
(c) The suspending official shall notify the Department of Justice of
the proposed termination of the suspension, at least 30 days before the
suspension period expires, to give that Department an opportunity to
request an extension.
48 CFR 2209.407-5 Scope of suspension.
The scope of suspension shall be the same as that for debarment (see
2209.406-5), except that the procedures of 2209.407-3 shall be used in
imposing suspension.
48 CFR 2209.407-5 48 CFR Ch. 24 (10-1-92 Edition)
48 CFR 2209.407-5 Department of Housing and Urban Development
48 CFR 2209.407-5 CHAPTER 24 -- DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
48 CFR 2209.407-5 (Parts 2400 to 2499)
48 CFR 2209.407-5 SUBCHAPTER A -- GENERAL
Part
Page
2401 Federal Acquisition Regulation System
2402 Definitions of words and terms
2403 Improper business practices and personal conflicts of interest
2404 Administrative matters
48 CFR 2209.407-5
48 CFR 2209.407-5 SUBCHAPTER B -- COMPETITION AND ACQUISITION PLANNING
2405 Publicizing contract actions
2406 Competition requirements
2407 Acquisition planning
2409 Contractor qualifications
2412 Contract delivery or performance
48 CFR 2209.407-5
48 CFR 2209.407-5 SUBCHAPTER C -- CONTRACTING METHODS AND CONTRACTING
TYPES
2413 Small purchase and other simplified purchase procedures
2414 Sealed bidding
2415 Contracting by negotiation
2416 Types of contracts
2417 Special contracting methods
48 CFR 2209.407-5
48 CFR 2209.407-5 SUBCHAPTER D -- SOCIOECONOMIC PROGRAMS
2419 Small business and small disadvantaged business concerns
2420 Labor surplus area concerns
2422 Application of labor laws to government acquistions
2424 Protection of privacy and freedom of information
2426 Other socioeconomic programs
2427 Patents, data, and copyrights
48 CFR 2209.407-5
48 CFR 2209.407-5 SUBCHAPTER E -- GENERAL CONTRACTING REQUIREMENTS
2428 Bonds and insurance
2429 Taxes
2432 Contract financing
2433 Protests, disputes, and appeals
2434 Major system acquisitions
48 CFR 2209.407-5
48 CFR 2209.407-5 SUBCHAPTER F -- SPECIAL CATEGORIES OF CONTRACTING
2436 Construction and architect-engineer contracts
2437 Service contracting
48 CFR 2209.407-5
48 CFR 2209.407-5 SUBCHAPTER G -- CONTRACT MANAGEMENT
2442 Contract adminstration
2446 Quality assurance
2449 Termination of contracts
2451 Use of government sources by contractors
48 CFR 2209.407-5
48 CFR 2209.407-5 SUBCHAPTER H -- CLAUSES AND FORMS
2452 Solicitation provisions and contract clauses
2453 Forms
48 CFR 2209.407-5
48 CFR 2209.407-5 48 CFR Ch. 24 (10-1-92 Edition)
48 CFR 2209.407-5 Department of Housing and Urban Development
48 CFR 2209.407-5 SUBCHAPTER A -- GENERAL
48 CFR 2209.407-5 PART 2401 -- FEDERAL ACQUISITION REGULATION SYSTEM
Sec.
2401.000 Scope of part.
48 CFR 2209.407-5 Subpart 2401.1 -- Purpose, Authority, Issuance
2401.100 Scope of subpart.
2401.101 Purpose.
2401.102 Authority.
2401.103 Applicability.
2401.104 Issuance.
2401.104-2 Arrangement of regulations.
2401.105 OMB approval under the Paperwork Reduction Act.
48 CFR 2209.407-5 Subpart 2401.3 -- Agency Acquisition Regulations
2401.301 Policy.
2401.302 Limitations.
48 CFR 2209.407-5 Subpart 2401.4 -- Deviations From the FAR
2401.403 Individual deviations.
2401.404 Class deviations.
48 CFR 2209.407-5 Subpart 2401.6 -- Contracting Authority and
Responsibilities
Sec.
2401.601 General.
2401.601-70 Senior Procurement Executive.
2401.601-71 Office of Procurement and Contracts.
2401.601-72 Acquired Property Program of the Office of Housing.
2401.601-73 Government National Mortgage Association (GNMA).
2401.601-74 Regional Offices.
2401.602 Contracting Officers.
2401.602-3 Ratification of unauthorized commitments.
2401.603 Selection, appointment and termination of appointment.
2401.603-2 Selection.
2401.603-3 Appointment.
Authority: Sec. 205(c) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 486(c)); sec. 7(d) of the Department of
Housing and Urban Development Act (42 U.S.C. 3535(d)).
Source: 49 FR 7697, Mar. 1, 1984, unless otherwise noted.
48 CFR 2401.000 Scope of part.
This part describes the method by which the Department of Housing and
Urban Development (HUD) implements, supplements and deviates from the
Federal Acquisition Regulation (FAR) through the establishment of the
HUD Acquisition Regulation (HUDAR), which prescribes the Department's
procurement policies and procedures under the FAR System.
48 CFR 2401.000 Subpart 2401.1 -- Purpose, Authority, Issuance
48 CFR 2401.100 Scope of subpart.
This subpart describes the HUDAR and states its relationship to the
FAR System. This subpart also provides the explanation of the purpose
and the authorities under which the HUDAR is issued.
48 CFR 2401.101 Purpose.
The Department of Housing and Urban Development Acquisition
Regulation is hereby established as chapter 24 of the Federal
Acquisition Regulation System (48 CFR chapter 24). It is issued to
provide uniform Departmental policies and procedures for the acquisition
of supplies, personal property and non-personal services by the
Department's contracting activities and to make these policies and
procedures readily available to Departmental personnel and to the
public.
48 CFR 2401.102 Authority.
The HUDAR is prescribed by the Assistant Secretary for Administration
under section 7(d) of the Department of HUD Act (42 U.S.C. 3535(d)),
section 205(c) of the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 486(c)), the Secretary's delegation effective January
19, 1976, 41 FR 2665, and the general authorization in FAR 1.301.
48 CFR 2401.103 Applicability.
All acquisition of personal property and non-personal services
(including construction) by HUD, except as may be otherwise authorized
by law, must be accomplished in accordance with the HUDAR and the FAR.
2401.104 Issuance.
48 CFR 2401.104-2 Arrangement.
(a) General. Chapter 24 is divided into parts, subparts, sections,
subsections, paragraphs and further subdivisions as necessary.
(b) Numbering. Generally, the numbering system and part, subpart,
and section titles used in the HUDAR conform with those used in the FAR
or as follows:
(1) When the HUDAR implements or deviates from a parallel part,
subpart, section, subsection, or paragraph of the FAR, that
implementation or deviation will be numbered and captioned where
possible to correspond to the FAR part, subpart, section, subsection, or
paragraph. For example, FAR subpart 1.4, Deviations, is implemented in
HUD's acquisition regulations at subpart 2401.4, Deviations. (The ''24''
in the number indicates what chapter of title 48 contains the HUDAR.)
(2) When HUD supplements material contained in the FAR, it is given a
unique number containing the numerals ''70'' or higher. The rest of the
number will parallel the FAR part, subpart, section, subsection or
paragraph it is supplementing. For example, FAR 1.602, Contracting
Officers, does not contain a provision for ratifying unauthorized
contract awards. The HUDAR does provide for this. Since the subject
matter supplements what is contained in FAR 1.602, the HUDAR section
supplementing the FAR is numbered 2401.602-70.
(3) Where material in the FAR requires no implementation or
deviation, there is no corresponding numbering in the HUDAR. Therefore,
there may be gaps in the HUDAR sequence of numbers where the FAR, as
written, is applicable to the HUDAR and requires no further
implementation.
(c) Citation. The HUDAR will be cited in accordance with Federal
Register standards approved for the FAR. Thus, this section when
referred to in the HUDAR is cited as 2401.104-2(c). When this section is
referred to formally in official documents, such as legal briefs, it
should be cited as ''48 CFR 2401.104-2(c).'' Any section of the HUDAR
may be formally identified by the section number, e.g., ''HUDAR
2401.104-2.'' In the HUDAR, any reference to the FAR will be indicated
by ''FAR'' followed by the section number, for example FAR 37.108.
48 CFR 2401.105 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 10 or more persons. HUD
has received approval from OMB to collect information under the
provisions of its Acquisition Regulation. The OMB Approval Number is
2535-0091.
(50 FR 46575, Nov. 8, 1985)
48 CFR 2401.105 Subpart 2401.3 -- Agency Acquisition Regulations
48 CFR 2401.301 Policy.
(a)(1) Implementation. The HUDAR implements and supplements the FAR.
Implementation material is that which expands upon related FAR
material. Supplementing material is that for which there is no
counterpart in the FAR.
48 CFR 2401.302 Limitations.
(c) Exclusions. Certain HUD policies and procedures which come
within the scope of this chapter are not included in the HUDAR. Not
included is a policy or procedure of an internal nature or which is
expected to be effective for a period of less than six months.
48 CFR 2401.302 Subpart 2401.4 -- Deviations
48 CFR 2401.403 Individual deviations.
In individual cases, proposed deviations from the FAR or HUDAR shall
be submitted to the Senior Procurement Executive (see 2401.601-70) for
approval or other necessary or appropriate action. A supporting
statement shall be submitted with the proposed deviation indicating
briefly the nature of the deviation and the reasons for granting the
deviation, consistent with FAR 1.402. The contract file shall include a
copy of the request submitted and the approval. In emergency situations
involving individual cases, deviation approvals may be processed by
telephone and later confirmed in writing.
(49 FR 7697, Mar. 1, 1984, as amended at 51 FR 7948, Mar. 7, 1986;
53 FR 46533, Nov. 17, 1988)
48 CFR 2401.404 Class deviations.
For deviations which affect more than one contracting action,
proposed deviations from the FAR or HUDAR shall be submitted to the
Senior Procurement Executive for approval or other necessary or
appropriate action. Requests for deviations shall be supported by
statements which fully disclose the nature of the deviation and the need
there of. The Senior Procurement Excutive will consider the proposal on
an expedited basis and in the case of a proposed FAR deviation will
comply with FAR 1.404.
(49 FR 7697, Mar. 1, 1984, as amended at 51 FR 7948, Mar. 7, 1986)
48 CFR 2401.404 Subpart 2401.6 -- Contracting Authority and
Responsibilities
2401.601 General.
48 CFR 2401.601-70 Senior Procurement Executive.
The Assistant Secretary for Administration is the Department's Senior
Procurement Executive and is responsible for all Departmental
procurement policy, regulations, and procedures, except for internal
procedures related to programmatic procurements of the Government
National Mortgage Association and the Acquired Property program under
the Assistant Secretary for Housing-Federal Housing Commissioner. The
Senior Procurement Executive also is responsible for the development of
procurement systems, evaluation of systems in accordance with approved
criteria, enhancement of career management of the procurement work
force, and certification to the Secretary that the Department's
procurement systems meet approved criteria.
(52 FR 47396, Dec. 14, 1987)
48 CFR 2401.601-71 Office of Procurement and Contracts.
The Office of Procurement and Contracts, in the Office of the
Assistant Secretary for Administration, is responsible for all
Departmental procurement except as specified below. The Office of
Procurement and Contracts also is responsible for awarding all contracts
and agreements in support of the Department's Consolidated Supply
Program. Such awards will be made under the regulations found at 24 CFR
part 965, subpart G. These contracts are established for voluntary use
by Public Housing Agencies and Indian Housing Authorities in their
purchase of certain supplies and equipment necessary for the operation
and maintenance of low-income housing.
(50 FR 46575, Nov. 8, 1985. Redesignated at 52 FR 47396, Dec. 14,
1987)
48 CFR 2401.601-72 Acquired Property Program of the Office of Housing.
The Office of Housing, headed by the Assistant Secretary for
Housing-Federal Housing Commissioner, awards and manages procurement
actions for HUD-owned property and property held by HUD as
mortgagee-in-possession under the National Housing Act (12 U.S.C.
1701-1749). This includes all contract actions associated with property
disposition, such as the procurement of goods and services for the
management, repair, improvement, alteration, demolition, maintenance,
operation, rental, sale or other disposal of such properties. This
function also includes the award and management of procurement actions
incidental to a foreclosure or the taking of a deed-in-lieu of
foreclosure on property with HUD-held mortgages, including purchase
money mortgages. Operational contracting for the program is
decentralized to specific positions at HUD Field Offices. In addition,
the Office of Housing, through its Headquarters staff:
(a) Awards contracts for the above-described functions when the
contracts have national applicability;
(b) Provides technical assistance and operational contracting support
to Housing Field Office personnel, as needed;
(c) Issues internal procedures for the above, which are consistent
with and not duplicative of the FAR or HUDAR.
(50 FR 46575, Nov. 8, 1985. Redesignated at 52 FR 47396, Dec. 14,
1987)
48 CFR 2401.601-73 Government National Mortgage Association (GNMA).
The President, GNMA, exercises statutory procurement authority with
respect to requirements related to GNMA's programmatic functions. The
HUDAR does not apply to these procurement actions. The President, GNMA
is responsible for issuing and complying with appropriate GNMA
procurement guidelines not inconsistent with standards established by
the Senior Procurement Executive.
(50 FR 46575, Nov. 8, 1985. Redesignated at 52 FR 47396, Dec. 14,
1987)
48 CFR 2401.601-74 Regional Offices.
Procurement of supplies and services for HUD Regional requirements is
accomplished at each Regional Office by the Regional Contracting Officer
and the Director of the Administrative Services Division, Office of
Administration.
(50 FR 46575, Nov. 8, 1985. Redesignated at 52 FR 47396, Dec. 14,
1987)
2401.602 Contracting Officers.
48 CFR 2401.602-3 Ratification of unauthorized commitments.
(b)(4) A request for ratification shall be sent to the Contracting
Officer through the Head of the Contracting Activity (HCA). The request
will include an explanation as to the need for the service, the reason
why normal procurement procedures were not followed, to what extent
price competition was received or the price otherwise justified, and,
corrective management actions to avoid ratifications in the future. If
the justification is adequate, the ratification will be signed by the
Contracting Officer and approved by the HCA. When circumstances
warrant, the HCA may establish more stringent ratification procedures.
(c)(5) If the amount involved is less than $1,000, the Contracting
Officer shall recommend payment. If the amount involved exceeds $1,000,
the HCA shall recommend payment. In either case, legal concurrence may
be requested if there is concern regarding the propriety of the funding
source, appropriateness of the expense, or when a legal issue is
involved.
(53 FR 46533, Nov. 17, 1988)
2401.603 Selection, appointment and termination of appointment.
48 CFR 2401.603-2 Selection.
In selecting Contracting Officers, the appointing authorities shall
consider experience, education, training, business acumen, judgment,
character, reputation and ethics. In the area of experience, education
and training, the following shall be required unless contracting
authority is limited to simplified small purchase procedures:
(a) Experience, for appointment of an individual to a position having
Contracting Officer authority, shall consist of a minimum of two years
experience performing contracting, procurement or purchasing operations
in a government or commercial procurement office. Alternatively, where
appointment of a Contracting Officer involves a specialized procurement
field, experience in that field may be considered as a criterion for the
appointment.
(b) Educational requirements for an individual in a position having
Contracting Officer authority shall be, as a minimum, the equivalent of
a Bachelor's Degree from an accredited college or institution preferably
with major studies in Business Administration, Law, Accounting or
related fields. Experience related to the field of procurement involved
(e.g., supply construction, etc.), gained in a government or
nongovernment contracting office, may be substituted for educational
requirements when it is determined in writing and made a part of the
appointment files (as stipulated in 2401.603-3(b)) that a potential
appointee is otherwise qualified by virtue of extensive contract-related
experience or training.
(c) Training requirements of an individual Contracting Officer or an
individual appointed to a position having contracting authority shall
include successful completion of training courses in Government Basic
Procurement of not less than 80 hours and Government Contract
Administration of not less than 80 hours. These requirements may be
temporarily waived by the Field Office Manager/Supervisor for
Contracting Officers serving the Acquired Property Program. Appointees
or incumbents not meeting the special training requirements shall be
given 24 months to acquire the minimum qualification standards.
(d) The selection requirements specified in paragraphs (a) through
(c) of this section are applicable to all full-time permanent (FTP)
personnel whose primary duties are performed as a Contracting Officer as
opposed to the individuals who supervise Contracting Officers, or to
individuals who normally spend less than 10 percent of their time in the
capacity of a Contracting Officer.
(49 FR 7697, Mar. 1, 1984; 49 FR 10930, Mar. 23, 1984)
48 CFR 2401.603-3 Appointment.
(a) Appointments below the level of Assistant Secretary shall be made
in writing by the Head of the Contracting Activity on a ''Certificate of
Appointment,'' SF 1402. Limitations on the scope of the authority to be
exercised by the Contracting Officer, other than those contained in
applicable laws and regulations shall be entered on the face of the
appointment notification.
(b) Field Office Managers or Supervisors will execute a written
affirmative statement that the individual, placed in the position to
commit the Government as Contracting Officer, meets the selection
criteria of the Federal Acquisition Regulation and HUDAR. If a
temporary waiver (see 2401.603-2) is to be granted concerning the
training requirements, the written statement should include the waiver
and the statement that the training requirements must be met within 24
months. This statement shall be made part of the official personnel
file of the Contracting Officer or the individual so selected or
designated. The designation and statement shall be based on the size
and complexity of contracts the individual will be required to execute
and administer, and also shall consider any limitations on the scope of
the authority to be exercised.
48 CFR 2401.603-3 PART 2402 -- DEFINITIONS OF WORDS AND TERMS
Sec.
2402.000 Scope of part.
48 CFR 2401.603-3 Subpart 2402.1 Definitions
2402.101 Definitions.
Authority: Sec. 205(c) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 486(c)); sec. 7(d) of the Department of
Housing and Urban Development Act (42 U.S.C. 3535(d)).
48 CFR 2402.000 Scope of part.
This part contains definitions of terms used generally throughout the
HUDAR, in addition to those set forth in FAR part 2. Additional
definitions will be found in individual subparts of the FAR and HUDAR
covering terms used in those subparts only.
(49 FR 7699, Mar. 1, 1984)
48 CFR 2402.000 Subpart 2402.1 -- Definitions
48 CFR 2402.101 Definitions.
Department -- means The Department of Housing and Urban Development,
which may also be designated as ''HUD''.
Head of Contracting Activity is defined in accordance with the FAR.
The following HUD officials are designated HCAs:
(1) Director, Office of Procurement and Contracts, for HUD
Headquarters procurement and the Consolidated Supply Program;
(2) The Regional Directors, Offices of Administration for Regional
Office procurements;
(3) The Chief, Management Branch, Office of Multifamily Housing
Management, for Headquarters acquired properties operations;
(4) The Regional Director, Office of Housing, for decentralized
procurement for acquired properties in co-located Regional/Field
Offices;
(5) The Managers, HUD Field Offices, for decentralized procurement in
Field Offices for acquired properties; and
(6) The President, Government National Mortgage Association (GNMA),
for procurements related to GNMA's programmatic functions.
Primary Organization Heads -- are those officials of the Department
who are responsible for the major organizational components of HUD and
who report directly to the Secretary or Under Secretary. The Primary
Organization Heads of HUD are: the Assistant Secretaries, the General
Counsel, the Deputy Under Secretaries, the President of GNMA, the
President of the Solar Energy and Energy Conservation Bank, the
Inspector General, and the Regional Administrators.
Secretary -- means the Secretary of the Department of Housing and
Urban Development, or his or her designee.
Senior Procurement Executive -- means the Assistant Secretary for
Administration. The Senior Procurement Executive's responsibilities are
stated in HUDAR 2401.601-70.
(50 FR 46575, Nov. 8, 1985, as amended at 52 FR 47396, Dec. 14, 1987;
53 FR 46534, Nov. 17, 1988)
48 CFR 2402.101 PART 2403 -- IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST
48 CFR 2402.101 Subpart 2403.1 -- Safeguards
Sec.
2403.101 Standards of conduct.
48 CFR 2402.101 Subpart 2403.2 -- Contractor Gratuities to Government
Personnel
2403.203 Reporting procedures.
2403.204 Treatment of violations.
48 CFR 2402.101 Subpart 2403.3 -- Reports of Identical Bids and
Suspected Antitrust Violations
2403.303-70 Reporting requirements.
48 CFR 2402.101 Subpart 2403.4 -- Contingent Fees
2403.408 Evaluation of the SF 119.
2403.408-1 Responsibilities.
2403.409 Misrepresentations or violations of the Covenant Against
Contingent Fees.
48 CFR 2402.101 Subpart 2403.5 -- Other Improper Business Practices
2403.502 Subcontractor kickbacks.
48 CFR 2402.101 Subpart 2403.6 -- Contracts With Government Employees or
Organizations Owned or Controlled by Them
2403.601 Policy.
Authority: Sec. 7(d) of the Department of Housing and Urban
Development Act (42 U.S.C. 3535(d)).
Source: 49 FR 7700, Mar. 1, 1984, unless otherwise noted.
48 CFR 2402.101 Subpart 2403.1 -- Safeguards
48 CFR 2403.101 Standards of conduct.
Detailed rules which apply to the conduct of HUD employees are set
forth in 24 CFR part 0.
48 CFR 2403.101 Subpart 2403.2 -- Contractor Gratuities to Government Personnel
48 CFR 2403.203 Reporting procedures.
Suspected violations of the gratuities clause (FAR 52.203-3) shall be
reported to the Head of the Contracting Activity (HCA) in writing. The
HCA will request the Office of Inspector General (OIG) to conduct any
necessary investigation. Upon receipt of the OIG report, the HCA will
evaluate the circumstances to determine if a violation has occurred.
The HCA will refer violations and recommended corrective actions to the
Senior Procurement Executive for disposition.
(49 FR 7700, Mar. 1, 1984, as amended at 51 FR 7948, Mar. 7, 1986)
48 CFR 2403.204 Treatment of violations.
The Senior Procurement Executive will process violations in
accordance with FAR 3.204.
(49 FR 7700, Mar. 1, 1984, as amended at 51 FR 7948, Mar. 7, 1986)
48 CFR 2403.204 Subpart 2403.3 -- Reports of Identical Bids and Suspected Antitrust Violations
48 CFR 2403.303-70 Reporting requirements.
Potential anti-competitive practices such as described in FAR subpart
3.3, evidenced in bids or proposals, shall be reported to the Office of
General Counsel through the Head of the Contracting Activity with a copy
to the Senior Procurement Executive and the Inspector General. The
Office of General Counsel will provide reports to the Attorney General
as appropriate.
(49 FR 7700, Mar. 1, 1984, as amended at 51 FR 7948, Mar. 7, 1986)
48 CFR 2403.303-70 Subpart 2403.4 -- Contingent Fees
48 CFR 2403.408-1 Responsibilities.
(b) The contracting officer's documentation of the evaluation,
conclusion, and any proposed actions shall be submitted for the review
and approval of the Head of the Contracting Activity and the Office of
General Counsel.
48 CFR 2403.409 Misrepresentations or violations of the Covenant Against
Contingent Fees.
(a) Government personnel who suspect or have evidence of attempted or
actual exercise of improper influence, misrepresentation of a contingent
fee arrangement, or other violation of the Covenant against Contingent
Fees shall report the matter promptly to the Head of the Contracting
Activity.
(b) When there is specific evidence or other reasonable basis to
suspect one or more of the violations in paragraph (a) of this section,
the Head of the Contracting Activity shall review the facts and, if
appropriate, take or direct one or more of the following, or other,
actions:
(1) If before award, reject the bid or proposal.
(2) If after award, enforce the government's right to void the
contract or to recover the fee.
(3) Initiate suspension or debarment action.
(4) Refer suspected fraudulent or criminal matters to the Office of
Inspector General for possible referral to the Department of Justice.
48 CFR 2403.409 Subpart 2403.5 -- Other Improper Business Practices
48 CFR 2403.502 Subcontractor kickbacks.
(b) Contracting Officers shall report suspected violations of the
Anti-Kickback Act through the Head of the Contracting Activity to the
Office of Inspector General consistent with the procedures for reporting
any violation of law contained in HUD Handbook 2000.3, REV. 2, Office
of Inspector General Activities (1983).
48 CFR 2403.502 Subpart 2403.6 -- Contracts With Government Employees or Organizations Owned or Controlled by Them
48 CFR 2403.601 Policy.
The Senior Procurement Executive must approve exceptions to the
restriction against contracts with Government employees under FAR
subpart 3.6. In addition, the Contracting Officer shall comply with FAR
subpart 9.5 before awarding any such contract.
(49 FR 7700, Mar. 1, 1984, as amended at 51 FR 7948, Mar. 7, 1986)
48 CFR 2403.601 PART 2404 -- ADMINISTRATIVE MATTERS
Authority: Sec. 7(d) of the Department of Housing and Urban
Development Act (42 U.S.C. 3535(d)).
48 CFR 2403.601 Subpart 2404.8 -- Contract Files
48 CFR 2404.805-1 Disposal of contract files.
Unsuccessful bids and proposals shall be disposed of as follows:
(a) By the contracting activity. Unsuccessful cost and technical
proposals shall be retained in the contracting activity for a period of
two months following the contract award as reference material for
debriefings. Upon expiration of the two month period, the contracting
office shall ship one copy of each unsuccessful bid or proposal to the
Federal Records Center unless (1) a debriefing has been requested but
not held or (2) a protest is pending concerning the procurement. In no
event shall these documents be destroyed before expiration of the
retention periods in FAR 4.805.
(b) By the program office. Unsuccessful proposals shall be retained
on file in the program office which conducted the technical evaluation
for a period of two months following the contract award. Upon
expiration of the two month period, the program office shall return one
copy of each unsuccessful bid or proposal not required for the conduct
of debriefings to the contracting activity for proper disposition. The
remaining copies will be destroyed.
(49 FR 7700, Mar. 1, 1984; 49 FR 10930, Mar. 23, 1984)
48 CFR 2404.805-1 SUBCHAPTER B -- COMPETITION AND ACQUISITION PLANNING
48 CFR 2404.805-1 PART 2405 -- PUBLICIZING CONTRACT ACTIONS
48 CFR 2404.805-1 Subpart 2405.2 -- Synopses of Proposed Contract
Actions
Sec.
2405.202 Exceptions.
48 CFR 2404.805-1 Subpart 2405.5 -- Paid Advertisements
2405.502 Authority.
Authority: Sec. 205(c) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 486(c)); sec. 7(d) of the Department of
Housing and Urban Development Act (42 U.S.C. 3535(d)).
48 CFR 2404.805-1 Subpart 2405.2 -- Synopses of Proposed Contract Actions
48 CFR 2405.202 Exceptions.
(b) The Senior Procurement Executive shall make the written
determination in accordance with FAR 5.202(b) that advance notice of
proposed contract actions is not appropriate or reasonable.
(50 FR 46576, Nov. 8, 1985)
48 CFR 2405.202 Subpart 2405.5 -- Paid Advertisements
48 CFR 2405.502 Authority.
Use of paid advertisements in newspapers, trade journals, and other
media are authorized by Delegations or Redelegations of Authority,
subject to the availability of funds.
(49 FR 7701, Mar. 1, 1984)
48 CFR 2405.502 PART 2406 -- COMPETITION REQUIREMENTS
48 CFR 2405.502 Subpart 2406.2 -- Full and Open Competition After
Exclusion of Sources
Sec.
2406.202 Establishing or maintaining alternative sources.
48 CFR 2405.502 Subpart 2406.3 -- Other Than Full and Open Competition
2406.304 Approval of the justification.
2406.304-70 Approval of the justification -- Headquarters acquired
property program.
2406.304-71 Approval of the justification -- Field Office
procurements.
2406.304-72 Approval of the justification -- Procurement Review
Board.
48 CFR 2405.502 Subpart 2406.5 -- Competition Advocates
2406.501 Requirement.
Authority: Competition in Contracting Act of 1984 (41 U.S.C. 253);
sec. 205(c) of the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 486(c)); sec. 7(d) of the Department of Housing and
Urban Development Act (42 U.S.C. 3535(d)).
Source: 50 FR 46576, Nov. 8, 1985, unless otherwise noted.
48 CFR 2405.502 Subpart 2406.2 -- Full and Open Competition After Exclusion of Sources
48 CFR 2406.202 Establishing or maintaining alternative sources.
(b)(1) The HCA shall sign the Determination and Finding (D&F)
required by FAR 6.202(b)(1).
48 CFR 2406.202 Subpart 2406.3 -- Other Than Full and Open Competition
48 CFR 2406.304 Approval of the justification.
(c) A class justification for other than full and open competition
shall be approved in writing by the Senior Procurement Executive.
48 CFR 2406.304-70 Approval of the justification -- Headquarters
acquired property program.
(a) The justification for other than full and open competition for
the Headquarters acquired property program shall be approved in writing
--
(1) For a proposed contract not exceeding $100,000, by the Chief,
Management Branch, Office of Multifamily Housing Management.
(3) For a proposed contract more than $1 million but not exceeding
$10 million, by the Director, Office of Multifamily Housing Management.
(50 FR 46576, Nov. 8, 1985, as amended at 53 FR 46534, Nov. 17, 1988)
48 CFR 2406.304-71 Approval of the justification -- Field Office
procurements.
(a) The justification for other than full and open competition for
Field Office procurements shall be approved in writing --
(3) For a proposed contract more than $1 million but not exceeding
$10 million, by the Deputy Regional Administrator.
48 CFR 2406.304-72 Approval of the justification -- Procurement Review
Board.
(a) The Senior Procurement Executive shall provide for the operation
of a Procurement Review Board (PRB) to review and approve all
Headquarters-proposed sole-source awards in excess of the small purchase
limitation that are based upon FAR exceptions 6.302-1, 6.302-2, or
6.302-3. The PRB shall be comprised of senior departmental managers and
shall use criteria consistent with those in the FAR in evaluating
proposed sole-source awards.
(b) PRB review and approval shall be in addition to that required by
FAR 6.304(a)(1-3). No justification for other than full and open
competition proposing a sole-source award as specified in 2406.304-72(a)
of this subpart, shall be considered final and approved by the
Department until it has been reviewed and approved by the PRB, and in
the case of a sole-source award in excess of $10 million, by the Senior
Procurement Executive.
(c) Regional Administrators-Regional Housing Commissioners shall
provide for the operation of Regional Procurement Review Boards based
upon directions received from the Senior Procurement Executive.
48 CFR 2406.304-72 Subpart 2406.5 -- Competition Advocates
48 CFR 2406.501 Requirement.
The Deputy Assistant Secretary for Administration is designated as
the Department's competition advocate. The authority to approve
replacements for all HUD competition advocates is delegated to the
Senior Procurement Executive.
48 CFR 2406.501 PART 2407 -- ACQUISITION PLANNING
Authority: Sec. 7(d) of the Department of Housing and Urban
Development Act (42 U.S.C. 3535(d)).
48 CFR 2406.501 Subpart 2407.1 -- Acquisition Plans
48 CFR 2407.102 Policy.
The Senior Procurement Executive is responsible for establishing and
maintaining internal procedures to implement the Department's Advance
Procurement Planning System (APPS). The APPS should generally meet the
criteria contained in FAR subpart 7.1.
(49 FR 7701, Mar. 1, 1984, as amended at 51 FR 7948, Mar. 7, 1986)
48 CFR 2407.102 PART 2409 -- CONTRACTOR QUALIFICATIONS
48 CFR 2407.102 Subpart 2409.5 -- Organizational Conflicts of Interest
Sec.
2409.500 Scope of subpart.
2409.501 Definition.
2409.502 Applicability.
2409.504 Contracting Officer responsibilities.
2409.508 Solicitation provisions and contract clause.
2409.508-1 Solicitation provisions.
2409.508-2 Contract clause.
48 CFR 2407.102 Subpart 2409.70 -- Debarment, Suspension, and
Ineligibility
2409.701 HUD regulations on debarment, suspension, and ineligibility.
Authority: Sec. 205(c) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 486(c)); sec. 7(d) of the Department of
Housing and Urban Development Act (42 U.S.C. 3535(d)).
Source: 49 FR 7701, Mar. 1, 1984, unless otherwise noted.
48 CFR 2407.102 Subpart 2409.5 -- Organizational Conflicts of Interest
48 CFR 2409.500 Scope of subpart.
This subpart prescribes responsibilities, general rules, and
procedures for identifying, evaluating, and resolving organizational
conflicts of interest.
48 CFR 2409.501 Definition.
Organizational conflict of interest is a situation in which the
nature of work under a proposed Government contract and a prospective
contractor's organizational financial, contractual, or other interests
are such that (a) award of the contract may result in an unfair
competitive advantage to the contractor or (b) impair the contractor's
objectivity in performing the contract work.
48 CFR 2409.502 Applicability.
The procedures described in this section shall be used for all
consulting services contracts and for any other procurement involving
the acquisition of services when the Contracting Officer determines that
the nature of the procurement presents a potential for an organizational
conflict of interest.
48 CFR 2409.504 Contracting officer responsibilities.
The following actions are required whenever it is determined that
this section is applicable:
(a) Disclosure or Representation. (1) Each solicitation shall
contain a provision which requires a potential offeror to provide a
statement which describes in a concise manner all relevant facts
concerning any present or current planned interest (financial,
contractual, organizational, or otherwise) relating to the work to be
performed under this section and bearing on whether the offeror and any
proposed subcontractor or consultant has a possible organizational
conflict of interest with respect to:
(i) Being able to render impartial, technically sound, and objective
assistance or advice; or
(ii) Being given an unfair competitive advantage.
The offeror also may provide relevant facts that show how its
organizational structure or management systems limit its knowledge of
possible organizational conflicts of interest relating to other
divisions or sections of the organizations and how that structure or
system would eliminate or neutralize such organizational conflict.
(2) In the absence of any interest referred to above, the offeror
shall submit a statement certifying that to the best of its knowledge
and belief no such interest exists.
(3) The Contracting Officer will review the statement submitted and
may require additional relevant information from the offeror. All such
information and any other relevant information known to the Contracting
Officer will be used to determine whether an award to the offeror may
create any organizational conflict of interest. If such organizational
conflict of interest is found to exist, the Contracting Officer may:
(i) Impose appropriate conditions which eliminate or neutralize such
conflict;
(ii) Disqualify the offeror; or,
(iii) Determine that it is otherwise in the best interests of the
United States to contract with the offeror by including appropriate
conditions mitigating such conflict in the contract awarded.
(4) Failure to provide the disclosure or execute the representation
will be deemed to be a minor infraction and the offeror or contractor
will be permitted to correct the omission within a time frame
established by the Contracting Officer.
(5) Refusal to provide the disclosure or representation and any
additional information as required, or the willful nondisclosure or
misrepresentation of any relevant interest shall disqualify the offeror
or contractor for award or provide the rationale for post-award default
action if the exercise of due diligence would have disclosed an apparent
conflict. This provision applies equally to post-award disclosure
requirements contained in the clause required by HUDAR 2409.508-2.
(b) Administrative requirements. (1) The disclosure or certification
required by HUDAR 2409.508-1 and 2409.508-2 is designed to alert the
Contracting Officer to situations or relationships which may constitute
either present or anticipated organizational conflicts of interest with
respect to a particular offeror or contractor. However, this disclosure
or representation may not identify a potential organizational conflict
of interest involving a successful offeror that could affect his or her
participation in subsequent procurements arising out of or related to
work performed under a contract that results from the solicitation
currently under consideration. Accordingly, whenever such potential
conflicts are foreseeable, a special notice also shall be included in
the solicitation informing offerors of the fact that such a potential
conflict is foreseen and that a special contract clause designed to
eliminate or neutralize such conflict will be included in any resultant
contract. Such notice shall specify the proposed extent and duration of
restrictions to be imposed with respect to participation in subsequent
procurements. A fixed term of reasonable duration is measured by the
time required to eliminate what otherwise would constitute an unfair
competitive advantage. This is a variable. However, in no event shall
an exclusion be stated which is not related to a specific expiration
date or a certain event. The Government shall not determine without
notice on an after-the-fact basis that performance of a contract created
an organizational conflict of interest with respect to procurements
arising out of or related to work performed under that contract.
(2) Whenever an organizational conflict of interest is found to
exist, it shall be adequately eliminated, or neutralized through the use
of an appropriate special contract clause. Examples of the types of
clauses which may be employed include, but are not limited, to the
following:
(i) Hardware exclusion clauses which prohibit the acceptance of
production contracts following a related nonproduction contract
previously performed by the Contractor.
(ii) Software exclusion clauses which:
(A) Require the contractor, members of his or her Board of Directors,
or his or her chief executives to eliminate, or neutralize an
organizational conflict of interest:
(B) Provide for the protection of the confidentiality of data and
guard against its unauthorized use; or
(C) Prohibit other segments or divisions of the contractor from
becoming involved in the performance of the contract work or being in a
position to influence such work.
(iii) The prospective contractor shall be given the opportunity to
negotiate the terms and conditions of the clause and its application.
The extent and time period of any restrictions shall be specified in the
clause.
(c) Contract award when an organizational conflict of interest is
present. (1) No contract or modification award shall be made to an
offeror or contractor having an organizational conflict of interest with
respect to that contract or modifications unless:
(i) The conflict has been eliminated or neutralized; or
(ii) The Contracting Officer determines that the award of the
contract would be otherwise in the best interests of the Government.
Where such a determination is made, an appropriate written finding and
determination shall be placed in the contract file.
(2) Examples of circumstances justifying such a determination include
but are not necessarily limited to:
(i) Situations where the public exigency will not otherwise permit;
or,
(ii) Situations where the requirement cannot otherwise be obtained.
(3) The Contracting Officer's determination shall be approved by the
Head of the Contracting Activity before award.
(d) Action in Lieu of Termination. If the Contracting Officer
determines that it would not be in the best interest of the Government
to terminate a contract as provided in the clause cited at HUDAR
2409.508-2, the Contracting Officer shall take every reasonable action
to eliminate, or otherwise neutralize the organizational conflict of
interest.
(49 FR 7701, Mar. 1, 1984; 49 FR 10930, Mar. 23, 1984, as amended at
53 FR 46534, Nov. 17, 1988)
2409.508 Solicitation provisions and contract clause.
48 CFR 2409.508-1 Solicitation provisions.
The Contracting Officer shall insert the provisions at 2452.209-70,
Organizational Conflicts of Interest Notification, and 2452.209-71,
Organizational Conflicts of Interest Certification, in all solicitations
over the small purchase limitation.
(53 FR 46534, Nov. 17, 1988)
48 CFR 2409.508-2 Contract clause.
The Contracting Officer shall insert the clause at 2452.209-72,
Organizational Conflicts of Interest, in all contracts.
(53 FR 46534, Nov. 17, 1988)
48 CFR 2409.508-2 Subpart 2409.70 -- Debarment, Suspension, and Ineligibility
48 CFR 2409.701 HUD regulations on debarment, suspension, and
ineligibility.
Departmental policies and procedures concerning debarment and
suspension are contained in 24 CFR part 24.
48 CFR 2409.701 PART 2412 -- CONTRACT DELIVERY OR PERFORMANCE
Authority: Sec. 205(c) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 486(c)); sec. 7(d) of the Department of
Housing and Urban Development Act (42 U.S.C. 3535(d)).
Source: 53 FR 46534, Nov. 17, 1988, unless otherwise noted.
48 CFR 2409.701 Subpart 2412.1 -- Delivery or Performance Schedules
48 CFR 2412.104 Contract clause.
(a) The Contracting Officer may insert the clause at 2452.212-70,
Contract Period, in all term form cost-reimbursement and fixed-price
service solicitations and contracts.
(b) (Reserved)
48 CFR 2412.104 SUBCHAPTER C -- CONTRACTING METHODS AND CONTRACTING TYPES
48 CFR 2412.104 PART 2413 -- SMALL PURCHASE AND OTHER SIMPLIFIED PURCHASE PROCEDURES
48 CFR 2412.104 Subpart 2413.1 -- General
Sec.
2413.107 Solicitation and evaluation of quotations.
48 CFR 2412.104 Subpart 2413.4 -- Imprest Fund
Sec.
2413.403 Agency responsibilities.
2413.404 Conditions for use.
48 CFR 2412.104 Subpart 2413.5 -- Purchase Orders
2413.505 Purchase order and related forms.
2413.505-2 Agency order forms in lieu of Optional Forms 347 and 348.
Authority: Sec. 205(c) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 486(c)); sec. 7(d) of the Department of
Housing and Urban Development Act (42 U.S.C. 3535(d)).
48 CFR 2412.104 Subpart 2413.1 -- General
Source: 53 FR 46535, Nov. 17, 1989, unless otherwise noted.
48 CFR 2413.107 Solicitation and evaluation of quotations.
(a)(4) Contracting Officers may use HUD Form 24007, Purchase/Delivery
Order Data File, to record all relevant data pertaining to a small
purchase, including recording written and oral quotations received and
documenting orders against GSA contracts.
48 CFR 2413.107 Subpart 2413.4 -- Imprest Fund
48 CFR 2413.403 Agency responsibilities.
(d) If imprest funds are to be used, the procedures established by
HUD Handbook 1925.2, Establishment and Operation of Imprest Funds
(April, 1981) will be followed.
(49 FR 7702, Mar. 1, 1984)
48 CFR 2413.404 Conditions for use.
(a) The transaction does not exceed $500 or such other limits as have
been approved by the Senior Procurement Executive.
(51 FR 40333, Nov. 6, 1986)
48 CFR 2413.404 Subpart 2413.5 -- Purchase Orders
Source: 53 FR 46534, Nov. 17, 1988, unless otherwise noted.
2413.505 Purchase order and related forms.
48 CFR 2413.505-2 Agency order forms in lieu of Optional Forms 347 and
348.
(a) Contracting Officers may use the HUD Form 24001, Order for
Supplies or Services, in lieu of Optional Form 347 for individual
purchases not exceeding the small purchase limit.
(b) For small purchases under the Acquired Property Program,
Contracting Officers shall use HUD Form 2542, Purchase Order and Payment
Authorization. This form shall not be used for construction purchases
expected to exceed $2,000. It shall not be used for purchases above the
small purchase limit.
48 CFR 2413.505-2 PART 2414 -- SEALED BIDDING
48 CFR 2413.505-2 Subpart 2414.4 -- Opening of bids and Award of
Contract
Sec.
2414.404 Rejection of bids.
2414.404-1 Cancellation of invitations after opening.
2414.406 Mistakes in bid.
2414.406-3 Other mistakes disclosed before award.
2414.406-4 Mistakes after award.
2414.407 Award.
2414.407-2 Responsible bidder-reasonableness of price.
Authority: Competition in Contracting Act of 1984 (41 U.S.C. 253);
sec. 205(c) of the Federal Property and Administrative Service Act of
1949 (42 U.S.C. 486(c)); sec. 7(d) of the Department of Housing and
Urban Development Act (42 U.S.C. 3535(d)).
Source: 49 FR 7702, Mar. 1, 1984, unless otherwise noted.
48 CFR 2413.505-2 Subpart 2414.4 -- Opening of Bids and Award of
Contracts
2414.404 Rejection of bids.
48 CFR 2414.404-1 Cancellation of invitations after opening.
(c) Invitations may be cancelled and all bids rejected before award
but after opening when the Head of the Contracting Activity, as
described in subpart 2402.1, determines in writing that cancellation is
appropriate and consistent with FAR 14.404-1.
(50 FR 46577, Nov. 8, 1985)
2414.406 Mistakes in bids.
48 CFR 2414.406-3 Other mistakes disclosed before award.
(e) Mistakes in bids disclosed before award (other than obvious
clerical errors) shall be submitted to the following authorities for
determinations:
(1) Director, Office of Procurement and Contracts for all
Departmental procurement except as stated in paragraphs (2) and (3) of
this section.
(2) Field Office Managers for the Acquired Property Program. The
Field Office Manager will obtain the concurrence of the Office of
General Counsel in Headquarters or the Regional Counsel for the
respective Field Office before notification to the bidder. The
Contracting Officer shall be notified promptly of the course of action
to be taken.
(3) Chief, Management Branch, Office of Multifamily Housing
Management for Headquarters acquired property operations.
(50 FR 46577, Nov. 8, 1985, as amended at 53 FR 46535, Nov. 17, 1988)
48 CFR 2414.406-4 Mistakes after award.
If a contractor's discovery and request for correction of a mistake
in bid is not made until after the award, it shall be processed in
accordance with FAR 14.406-4. For each determination, the Field Office
Manager will obtain the concurrence of the Office of General Counsel
(Headquarters) or Regional Counsel (field) before notification to the
bidder. The Contracting Officer shall be notified promptly of the
course of action to be taken.
48 CFR 2414.407-701 Award when only one bid is received.
When only one bid is received in response to an invitation for bids,
such bid may be considered and accepted if the Contracting Officer makes
a written determination that: (a) The specifications were clear and not
unduly restrictive; (b) adequate competition was solicited and it could
have been reasonably assumed that more than one bid would have been
submitted; (c) the price is reasonable; and (d) the bid is otherwise
in accordance with the invitation for bids. Such a determination shall
be placed in the file.
(49 FR 7702, Mar. 1, 1984; 51 FR 7948, Mar. 7, 1986)
48 CFR 2414.407-701 PART 2415 -- CONTRACTING BY NEGOTIATION
48 CFR 2414.407-701 Subpart 2415.4 -- Solicitation and Receipt of
Proposals and Quotations
Sec.
2415.407 Solicitation provisions.
2415.408 Issuing solicitations.
2415.411 Receipt of proposals and quotations.
2415.411-70 Recording of proposals.
2415.413 Disclosure and use of information before award.
2415.413-1 Alternate 1.
48 CFR 2414.407-701 Subpart 2415.5 -- Unsolicited Proposals
2415.505 Content of unsolicited proposals.
2415.505-70 Unsolicited research proposals.
48 CFR 2414.407-701 Subpart 2415.6 -- Source Selection
2415.604 Responsibilities.
2415.605 Evaluation factors.
2415.608 Proposal evaluation.
2415.609 Competitive range.
2415.610 Written or oral discussion.
2415.611 Best and final offers.
2415.611-70 Final selection.
2415.613 Alternative source selection procedures.
2415.613-70 Applicability.
2415.613-71 Evaluation and negotiation or procurements.
48 CFR 2414.407-701 Subpart 2415.10 -- Preaward, Award, and Postaward
Notifications, Protests, and Mistakes
2415.1004 Protests against award.
Authority: Competition in Contracting Act of 1984 (41 U.S.C. 253);
sec. 205(c) of the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 486(c)); sec. 7(d) of the Department of Housing and
Urban Development Act (42 U.S.C. 3535(d)).
Source: 49 FR 7703, Mar. 1, 1984, unless otherwise noted.
48 CFR 2414.407-701 Subpart 2415.4 -- Solicitation and Receipt of Proposals and Quotations
48 CFR 2415.407 Solicitation provisions.
(a) The Contracting Officer shall insert the provision at
2452.215-70, Proposal Content and Outline, in all negotiated
solicitations over the small purchase limitation.
(b) The Contracting Officer shall insert the provisions at
2452.215-71, DUNS Contractor Establishment Number, in all solicitations
that exceed the small purchase limitation.
(53 FR 46535, Nov. 17, 1988)
48 CFR 2415.408 Issuing solicitations.
(d) The FAR policy on bidding time for procurements that involve
sealed bids (FAR 14.202-1) is applicable to negotiated procurements
under this part.
(50 FR 46577, Nov. 8, 1985)
2415.411 Receipt of proposals and quotations.
48 CFR 2415.411-70 Recording of proposals.
HUD Form 4056, Abstract of Proposals, may be used to record the names
and addresses of offerors whose proposals are received before the stated
deadline. The offerors total price, including any estimated cost and
fixed fee are to be recorded after the deadline at the time the
proposals are opened.
(53 FR 46535, Nov. 17, 1988)
2415.413 Disclosure and use of information before award.
48 CFR 2415.413-1 Alternate 1.
The Department shall employ the procedures in FAR Alternate 1
regarding disclosure and use of information.
48 CFR 2415.413-1 Subpart 2415.5 -- Unsolicited Proposals
2415.505 Content of unsolicited proposals.
48 CFR 2415.505-70 Unsolicited research proposals.
FAR subpart 15.5 outlines the policies and procedures relating to
unsolicited proposals. In addition to these requirements, the
Department requires that each award made as the result of an unsolicited
proposal for research contain a commitment to provide actual
cost-sharing. This provision will be included in the award whether or
not cost-sharing was part of the unsolicited proposal.
48 CFR 2415.506 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.
(b) Unless otherwise specified in a Federal Register announcement
unsolicited proposals should be submitted to the following contact
points:
(1) For research -- Department of Housing and Urban Development,
Assistant Secretary for Policy Development and Research, Office of
Management and Program Control, 451 7th Street SW., Washington, DC
20410.
(2) For funding under the Secretary's Discretionary Fund Program --
Department of Housing and Urban Development, Assistant Secretary for
Community Planning and Development, Office of Program Policy
Development, 451 Seventh Street, SW., Washington, DC 20410.
(3) For all others -- Department of Housing and Urban Development,
Director, Office of Procurement and Contracts, 451 7th Street SW.,
Washington, DC 20410.
(49 FR 7703, Mar. 1, 1984, as amended at 51 FR 7948, Mar. 7, 1986)
48 CFR 2415.506 Subpart 2415.6 -- Source Selection
Source: 50 FR 46577, Nov. 8, 1985, unless otherwise noted.
48 CFR 2415.604 Responsibilities.
(b) The technical requirements related to source selection shall be
performed by a Technical Evaluation Panel (TEP) for procurements lower
than $500,000. The TEP shall be composed of one or more technical
personnel designated by the program or initiating office.
48 CFR 2415.605 Evaluation factors.
(e) Each technical evaluation factor and subfactor shall be assigned
a numerical weight which shall appear in the RFP. These factors will
serve as the standard against which all proposals will be evaluated.
48 CFR 2415.608 Proposal evaluation.
(a)(2) Technical evaluation. The TEP shall assign each proposal a
score on the basis of the factors specified in the solicitation. The
TEP shall identify each proposal as being either acceptable or
unacceptable. A proposal shall be considered unacceptable if it is so
clearly deficient that it cannot be corrected through written or oral
discussions. Predetermined cut-off scores designed to determine a
threshold level of acceptability of proposals shall not be employed. A
TEP report shall be prepared and signed by the technical evaluator or
evaluators, furnished to the Contracting Officer, and maintained as a
permanent record in the official procurement file.
(3) In addition to the documentation listed in FAR 15.608(a)(2)(i) --
(iv), the TEP report shall include --
(i) The score of each proposal;
(ii) A narrative evaluation specifying the strengths and weaknesses
of each proposal;
(iii) Any reservations or qualifications that may bear upon the
selection of a source or sources for negotiation and award;
(iv) Specific technical reasons supporting a determination of
unacceptability with respect to any proposal; and
(v) Score sheets of all TEP members.
(b) The HCA may reject all proposals received in response to a
solicitation. His or her written determination shall follow FAR
15.608(b).
2415.609 Competitive range.
48 CFR 2415.610 Written or oral discussion.
(b) Except as provided in FAR 15.610(a), the Contracting Officer (or
his or her designee) and the TEP shall conduct written or oral
discussions with all responsible offerors who submit proposals within
the competitive range.
2415.611 Best and final offers.
48 CFR 2415.611-70 Final selection.
(d) After the close of discussions and receipt of best and final
offers, the TEP shall perform a final evaluation and prepare its
selection recommendation or recommendations. Based on the EEP
evaluation and recommendations, the Contracting Officer shall select for
final contract negotiation the offeror(s) whose proposal promises the
greatest value to the Government in terms of cost, technical, and other
relevant factors.
2415.613 Alternative source selection procedures.
48 CFR 2415.613-70 Applicability.
For those procurements where the expected dollar amount will be
$500,000 or more, the procedures set out in 2415.613-71 will apply.
These procedures, which are more formal than those applying to
procurements of less than $500,000, may also be used at the request of
the funding Assistant Secretary for procurements of less than $500,000.
48 CFR 2415.613-71 Evaluation and negotiation of procurements.
(a) Evaluation. (1) Selection of the source or sources for final
contract negotiations shall be made by the Source Selection Official
(SSO) who is the head of the funding office, or by his or her designee.
To assist the SSO in evaluating proposals and making the selection, the
SSO shall designate a Source Evaluation Board (SEB) composed of a
chairperson, voting members, and advisors.
(2) After the deadline for receipt of proposals, the Contracting
Officer will forward copies of the technical portion of each proposal to
the SEB chairperson or his or her designee, who shall be responsible for
custody of the proposals throughout the evaluation process. The cost
portion of each proposal shall be retained by the Contracting Officer
pending initial technical evaluation by the SEB.
(3) The SEB shall evaluate each proposal in strict conformance with
the requirements in 2415.608(a)(2).
(4) After the initial technical evaluation, the Contracting Officer
and the SEB shall evaluate the cost portion of each proposal.
(b) Competitive range. Unless the SEB is prepared to recommend under
FAR 15.610(a)(3) that the award be made on the basis of the most
favorable initial proposal, the SEB shall establish a competitive range
based upon the evaluation of all the factors for award, including cost
or price.
(c) Written or oral discussions. The SEB shall conduct written or
oral discussions with all offerors within the competitive range as
required by FAR 15.610.
(d) Final SEB Report. After the close of discussions and receipt of
any revisions to proposals and any final adjustments to proposal scores,
the SEB shall prepare a written report of its findings and
recommendations and submit it to the SSO for action. The report shall
summarize all significant SEB actions in the solicitation and evaluation
phases and shall include (in addition to the requirements in FAR
15.608(a)(2)(i) -- (iv) and 2415.608(a)(2)(i) -- (v)) recommendations to
the SSO regarding selection in terms of: (1) A single source; (2) a
number of equal sources; (3) a number of sources in descending order;
or (4) options to be considered in arriving at the final decision.
(e) Selection and final negotiation. (1) Based upon the SEB report
and the SSO's review of the matter, the SSO shall select a source or
sources and document the basis for his or her selection. The SSO shall
communicate these findings and selection in a memorandum to the
Contracting Officer. The memorandum shall request the Contracting
Officer to negotiate with the selected sources(s) and may include
specific instructions and an alternate source(s) in the event the
conduct of final negotiations so warrants.
(2) After receipt of the SSO's selection, the Contracting Officer
shall undertake final negotiations. A proposal shall not be considered
accepted or a contract awarded until final negotiations are completed
with the source and a contract is executed.
48 CFR 2415.613-71 Subpart 2415.10 -- Preaward, Award, and Postaward Notifications, Protests, and Mistakes
48 CFR 2415.1004 Protests against award.
Protests against awards of negotiated procurements shall be processed
in accordance with FAR subpart 33.1 and HUDAR subpart 2433.1
(50 FR 46578, Nov. 8, 1985)
48 CFR 2415.1004 PART 2416 -- TYPES OF CONTRACTS
48 CFR 2415.1004 Subpart 2416.3 -- Cost-Reimbursement Contracts
Sec.
2416.301 General.
2416.301-3 Limitations.
48 CFR 2415.1004 Subpart 2416.4 -- Incentive Contracts
2416.405 Contract clauses.
2416.504 Indefinite-quantity contracts.
48 CFR 2415.1004 Subpart 2416.6 -- Time-and-Materials, Labor-Hour, and
Letter Contracts
2416.603 Letter contracts.
2416.603-2 Application.
Authority: Sec. 7(d) of the Department of Housing and Urban
Development Act, (42 U.S.C. 3535(d)).
Source: 49 FR 7706, Mar. 1, 1984, unless otherwise noted.
48 CFR 2415.1004 Subpart 2416.3 -- Cost-Reimbursement Contracts
2416.301 General.
48 CFR 2416.301-3 Limitations.
(c) The Head of the Contracting Activity, or designee, may approve
the determinations and findings required by FAR 16.301-3(c).
48 CFR 2416.301-3 Subpart 2416.4 -- Incentive Contracts
48 CFR 2416.405 Contract clauses.
(e)(1) The Contracting Officer shall insert the clauses at
2452.216-70, Estimated Cost, Base Fee, and Award Fee; 2452.216-71,
Payment of Base and Award Fee; 2452.216-72, Determination of Award Fee
Earned; 2452.216-73, Performance Evaluation Plan; and 2452.216-74,
Distribution of Award Fee, in all award fee contracts. The Contracting
Officer may modify the clauses to meet individual situations and any
clause or specific requirement therein may be deleted when it is not
applicable to a given contract.
(53 FR 46535, Nov. 17, 1988)
48 CFR 2416.504 Indefinite-quantity contracts.
(e) The Contracting Officer shall insert the clause at 2452.216-75,
Unpriced Task Orders, in all indefinite-quantity contracts.
(53 FR 46535, Nov. 17, 1988)
48 CFR 2416.504 Subpart 2416.6 -- Time-And-Materials, Labor-Hour, and
Letter Contracts
2416.603 Letter contracts.
48 CFR 2416.603-2 Application.
(c) In accordance with FAR 16.603-2(c), a letter contract shall be
made definite within 180 days of the date of award or after completion
of 40 percent of the work to be performed, whichever occurs first,
unless different terms are approved in advance by the Head of the
Contracting Activity.
48 CFR 2416.603-2 PART 2417 -- SPECIAL CONTRACTING METHODS
Authority: Economy Act (31 U.S.C. 1535); sec. 205(c) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 486(c));
sec. 7(d) of the Department of Housing and Urban Development Act (42
U.S.C. 3535(d)).
48 CFR 2416.603-2 Subpart 2417.5 -- Interagency Acquisitions Under the Economy Act
48 CFR 2417.504 Ordering procedures.
(b) The Contracting Officer shall use HUD Form 730,
Award/Modification of Interagency Agreement, when placing or modifying
an order for supplies or services from another Government agency.
(53 FR 46535, Nov. 17, 1988)
48 CFR 2417.504 SUBCHAPTER D -- SOCIOECONOMIC PROGRAMS
48 CFR 2417.504 PART 2419 -- SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS
48 CFR 2417.504 Subpart 2419.2 -- Policies
Sec.
2419.201 General policy.
2419.201-70 Regional Small Business Specialist.
48 CFR 2417.504 Subpart 2419.5 -- Set-Asides for Small Business
2419.503 Setting aside a class of acquisitions.
48 CFR 2417.504 Subpart 2419.9 -- Contracting Opportunities for
Women-Owned Small Business
2419.901 Policy.
Authority: Sec. 205(c) of the Federal Property and Administrative
Service Act of 1949 (40 U.S.C. 486(c)); sec. 7(d) of the Department of
Housing and Urban Development Act (42 U.S.C. 3535(d)).
48 CFR 2417.504 Subpart 2419.2 -- Policies
48 CFR 2419.201 General policy.
(c) The Director, Office of Small and Disadvantaged Business
Utilization (OSDBU), Headquarters, is responsible for the administration
of the HUD small and small disadvantaged business programs. This
includes Department-wide responsibility for developing, implementing,
executing, and managing these programs, providing advice on these
programs, and representing HUD before other government agencies on
matters primarily affecting small and small disadvantaged businesses.
(d) Each head of a contracting activity shall designate a small
business/small disadvantaged business specialist who shall perform the
following functions:
(1) Maintain a program designed to locate capable small/small
disadvantaged business sources for current and future procurements;
(2) Coordinate inquiries and requests for advice from small/small
disadvantaged business concerns on procurement matters;
(3) Review proposed requirements for supplies and services, ensure
that small/small disadvantaged business concerns will be afforded an
equitable opportunity to compete, and, as appropriate, initiate
recommendation for small business or Section 8a set-asides (under the
Small Business Act);
(4) Take action to ensure the availability of adequate specifications
and drawings, when necessary, to obtain small/small disadvantaged
business participation in a procurement;
(5) Review proposed procurements for possible breakout of items
suitable for procurement from small/small disadvantaged business
concerns;
(6) Advise small/small disadvantaged business concerns with respect
to the financial assistance available under existing laws and
regulations and assist such concerns in applying for financial
assistance;
(7) Ensure that adequate records are maintained and accurate reports
are prepared concerning small/small disadvantaged business participation
in the procurement program;
(8) Make available to SBA copies of solicitations, when requested,
and
(9) Act as liaison between the Contracting Officer and the
appropriate SBA office in connection with set-asides, certificates of
competency, size classification, and any other matter in which the
small/small disadvantaged business program may be involved.
(49 FR 7706, Mar. 1, 1984, as amended at 50 FR 46578, Nov. 8, 1985)
48 CFR 2419.201-70 Regional Small Business Specialist.
Each Regional Administrator shall designate a Regional Small Business
Specialist, who shall coordinate and monitor the activities of the small
business/small disadvantaged business specialists designated by each
Head of a Contracting Activity, as provided in paragraph (d) of
2419.201.
(50 FR 46578, Nov. 8, 1985)
48 CFR 2419.201-70 Subpart 2419.5 -- Set-Asides for Small Business
48 CFR 2419.503 Setting aside a class of acquisitions.
(a) Class set-aside for construction under the Acquired Property
Program. A class set-aside is hereby made for each proposed procurement
for construction under the Acquired Property Program with an estimated
cost of less than $1,000,000. Accordingly, Contracting Officers shall
set aside for small business each such proposed procurement. If a
Contracting Officer determines that any individual procurement falling
within the class set-aside requirements of this section is unsuitable
for such a set-aside in part or in total, the set-aside may be withdrawn
with the concurrence of the Head of the Contracting Activity. Proposed
procurements for construction which exceed an estimate of $1,000,000
shall be considered for set-aside on a case-by-case basis.
(49 FR 7706, Mar. 1, 1984; 49 FR 10930, Mar. 23, 1984, as amended at
53 FR 46535, Nov. 17, 1988)
48 CFR 2419.503 Subpart 2419.9 -- Contracting Opportunities for Woman-Owned Small Businesses
48 CFR 2419.901 Policy.
Executive Order 12138, May 18, 1979 (44 FR 29637, 3 CFR, 1979 Comp.,
P. 890) directs agencies to take appropriate action to facilitate,
preserve and strengthen women's business enterprise and to ensure full
participation by women in the free enterprise system. The Office of
Small and Disadvantaged Business Utilization is responsible for
establishing Department-wide goals for awards to women-owned businesses
and monitoring and reporting progress against those goals.
(49 FR 7706, Mar. 1, 1984)
48 CFR 2419.901 PART 2420 -- LABOR SURPLUS AREA CONCERNS
Authority: Sec. 7(d) of the Department of Housing and Urban
Development Act (42 U.S.C. 3535(d)).
Source: 49 FR 7707, Mar. 1, 1984, unless otherwise noted.
48 CFR 2419.901 Subpart 2420.1 -- General
48 CFR 2420.102 General policy.
It is the policy of the Department to award appropriate contracts to
eligible labor surplus area (LSA) concerns and encourage contractors to
place subcontracts with LSA concerns. Policies and procedures with
regard to the LSA program are set forth in FAR part 20. The Office of
Small and Disadvantaged Business Utilization is responsible for
establishing Department-wide goals for the LSA program and monitoring
and reporting progress against those goals.
48 CFR 2420.102 PART 2422 -- APPLICATION OF LABOR LAWS TO GOVERNMENT
ACQUISITIONS
Authority: Sec. 205(c) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 486(c)); sec. 7(d) of the Department of
Housing and Urban Development Act (42 U.S.C. 3535(d)).
Source: 53 FR 46535, Nov. 17, 1988, unless otherwise noted.
48 CFR 2420.102 Subpart 2422.14 -- Employment of the Handicapped
48 CFR 2422.1408 Contract clause.
(c) The Contracting Officer shall insert the clause at 2452.222-70,
Accessibility of Meetings, Conferences, and Seminars to Persons with
Disabilities, in all solicitations and contracts.
48 CFR 2422.1408 PART 2424 -- PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
48 CFR 2422.1408 Subpart 2424.1 -- Protection of Individual Privacy
Procedures
Sec.
2424.103 Procedures.
48 CFR 2422.1408 Subpart 2424.2 -- Freedom of Information Act
2424.202 Policy.
2424.202-70 Solicitation provision.
Authority: Freedom of Information Act (5 U.S.C. 552); Privacy Act
of 1974 (5 U.S.C. 552a); sec. 205(c) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 486(c)); sec. 7(d) of
the Department of Housing and Urban Development Act (42 U.S.C.
3535(d)).
Source: 49 FR 7708, Mar. 1, 1984, unless otherwise noted.
48 CFR 2422.1408 Subpart 2424.1 -- Protection of Individual Privacy
48 CFR 2424.103 Procedures.
(b)(2) See 24 CFR part 16 for the HUD regulations which implement the
Privacy Act.
48 CFR 2424.103 Subpart 2424.2 -- Freedom of Information Act
48 CFR 2424.202 Policy.
See 24 CFR part 15 for the HUD regulations which implement the
Freedom of Information Act.
48 CFR 2424.202-70 Solicitation provision.
The Contracting Officer shall insert the provisions at 2452.224-70,
Freedom of Information Act Notification, in all negotiated solicitations
exceeding the small purchase limitation.
(53 FR 46536, Nov. 17, 1988)
48 CFR 2424.202-70 PART 2426 -- OTHER SOCIOECONOMIC PROGRAMS
48 CFR 2424.202-70 Subpart 2426.1 -- Minority Business Enterprises
2426.101 Policy.
2426.102 Responsibility.
2426.103 Solicitation provision.
48 CFR 2424.202-70 Subpart 2426.2 -- Historically Black Colleges and
Universities
2426.201 Policy.
Source: 53 FR 46536, Nov. 17, 1988, unless otherwise noted.
48 CFR 2424.202-70 Subpart 2426.1 -- Minority Business Enterprises
48 CFR 2426.101 Policy.
It is the policy of the Department to foster and promote Minority
Business Enterprise (MBE) participation in its procurement program, to
the extent permitted by law and consistent with its primary mission. A
''minority business enterprise'' is a business which is at least 51
percent owned by one or more minority group members; or, in case of a
publicly-owned business, one in which at least 51 percent of its voting
stock is owned by one or more minority group members, and whose
management and daily business operations are controlled by one or more
such individuals. For this purpose, minority group members are Black
Americans, Hispanic Americans, Native Americans, Asian Pacific Americans
and Asian Indian Americans, and Hasidic Jewish Americans.
48 CFR 2426.102 Responsibility.
The Director of the Office of Small and Disadvantaged Business
Utilization (OSDBU) develops Departmental MBE plans and policies in
accordance with Executive Orders 11625 and 12432 and by directive from
the Secretary. He or she provides advice and guidance to the Secretary
and Primary Organization Heads on MBE functions, reviews and makes
recommendations to the Secretary on MBE annual plans and goals, monitors
and evaluates the Department's MBE program, and reports on MBE program
performance to the Department of Commerce.
48 CFR 2426.103 Solicitation provision.
All contracting activities shall request all interested contractors,
bidders, or offerors (including those responding to requests for
quotations) to complete the certification at 2452.226-70, Certification
of Status as a Minority Business Enterprise. Completion of this
certification is voluntary and is not a condition of eligibility for
contract award.
48 CFR 2426.103 Subpart 2426.2 -- Historically Black Colleges and Universities
48 CFR 2426.201 Policy.
Executive Order 12320, September 15, 1981 ((46 FR 46107), 3 CFR 1981
Comp., P.176), directed the Department to establish annual plans to
increase the ability of Historically Black Colleges and Universities to
participate in Federally sponsored programs including contracts, grants
and cooperative agreements. OSDBU is responsible for developing the
annual plans regarding the participation of Historically Black Colleges
and Universities in Departmental programs. OSDBU is responsible also
for ensuring that the reporting requirements are fulfilled.
48 CFR 2426.201 PART 2427 -- PATENTS, DATA, AND COPYRIGHTS
48 CFR 2426.201 Subpart 2427.3 -- Patent Rights Under Government
Contracts
Sec.
2427.305 Administration of patent rights clauses.
2427.305-2 Follow-up by contractor.
Authority: Sec. 205(c) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 486(c)); sec. 7(d) of the Department of
Housing and Urban Development Act (42 U.S.C. 3535(d)).
Source: 53 FR 46536, Nov. 17, 1988, unless otherwise noted.
48 CFR 2426.201 Subpart 2427.3 -- Patent Rights Under Government Contracts
48 CFR 2427.305 Administration of patent rights clauses.
48 CFR 2427.305-2 Follow-up by contractor.
(b) Contractor reports. Contractors shall complete and submit to the
Contracting Officer HUD Form 770, Report of Inventions and Subcontracts,
upon receipt of said form. The Contracting Officer shall send the form
to those contractors whose contract work may have required the
development of inventions upon physical completion of the contract.
48 CFR 2427.305-2 SUBCHAPTER E -- GENERAL CONTRACTING REQUIREMENTS
48 CFR 2427.305-2 PART 2428 -- BONDS AND INSURANCE
48 CFR 2427.305-2 Subpart 2428.1 -- Bonds
Sec.
2428.106 Administrative.
2428.106-6 Furnishing information.
48 CFR 2427.305-2 Subpart 2428.2 -- Sureties
2428.203 Options in lieu of sureties.
2428.203-70 Irrevocable letter of credit.
Authority: Sec. 205(c) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 486(c)); sec. 7(d) of the Department of
Housing and Urban Development Act (42 U.S.C. 3535(d)).
Source: 50 FR 46578, Nov. 8, 1985, unless otherwise noted.
48 CFR 2427.305-2 Subpart 2428.1 -- Bonds
2428.106 Administrative.
48 CFR 2428.106-6 Furnishing information.
(c) The HCA shall furnish the certified copy of the bond and the
contract for which it was given to any person who requests them in
accordance with FAR 28.106-6.
48 CFR 2428.106-6 Subpart 2428.2 -- Sureties
48 CFR 2428.203 Options in lieu of sureties.
48 CFR 2428.203-70 Irrevocable letter of credit.
In addition to the options provided in FAR 28.203, any person or
organization required to furnish a bond in connection with a contract
under the Acquired Property Program (see 2401.601-71) has the option of
furnishing an irrevocable letter of credit instead of furnishing surety
or sureties on the bonds.
48 CFR 2428.203-70 PART 2429 -- TAXES
Authority: Sec. 7(d) of the Department of Housing and Urban
Development Act (42 U.S.C. 3535(d)).
48 CFR 2428.203-70 Subpart 2429.1 -- General
48 CFR 2429.101 Resolving of tax problems.
In order to have uniformity in HUD's treatment of the tax aspects of
contracting and ensure effective cooperation with other Government
agencies on tax matters of mutual interest, the Office of General
Counsel has the responsibility within HUD for handling all those tax
problems. Therefore, the contracting activity will not engage in
negotiation with any taxing authority for the purpose of determining the
validity or applicability of, or obtaining exemptions from or refund of,
any tax. When a problem exists, the Contracting Officer shall request
in writing the Office of General Counsel's assistance. The request
shall detail the problem and be accompanied by appropriate backup data.
The Office of General Counsel shall report to the Contracting Officer as
to the necessary disposition of the tax problem. The Contracting
Officer will notify the contractor of the outcome of the tax problem.
The Office of General Counsel shall have the responsibility for
communications with the Department of Justice for representation or
intervention in proceedings concerning taxes.
(49 FR 7708, Mar. 1, 1984)
48 CFR 2429.101 PART 2432 -- CONTRACT FINANCING
48 CFR 2429.101 Subpart 2432.4 -- Advance Payments
Sec.
2432.402 General.
48 CFR 2429.101 Subpart 2432.9 -- Prompt Payment
2432.908 Contract clauses.
Authority: Prompt Payment Act (31 U.S.C. 3901-3906); sec. 205(c) of
the Federal Property and Administrative Services Act of 1949 (40 U.S.C.
486(c)); sec. 7(d) of the Department of Housing and Urban Development
Act (42 U.S.C. 3535(d)).
Source: 53 FR 46536, Nov. 17, 1988, unless otherwise noted.
48 CFR 2429.101 Subpart 2432.4 -- Advance Payments
48 CFR 2432.402 General.
(e)(1) The Determination and Findings required by FAR
32.402(c)(1)(iii) shall be made by the Director, Office of Procurement
and Contracts.
(2) Each advance payment situation shall be coordinated with the
Office of Finance and Accounting before authorization may be given.
48 CFR 2432.402 Subpart 2432.9 -- Prompt Payment
48 CFR 2432.908 Contract clauses.
(a) The Contracting Officer shall insert the clause at 2452.232-70,
Payment Schedule and Invoice Submission (Fixed-Price), in all
fixed-price solicitations and contracts. The clause with its Alternate
I shall be used for solicitations and contracts issued by the Regional
Contracting Officers.
(b) The Contracting Officer shall insert the clause at 2452.232-71,
Voucher Submission (Cost-Reimbursement), in all cost-reimbursement
solicitations and contracts when vouchers are to be sent directly to the
paying office. The clause with its Alternate I shall be used for
solicitations and contracts issued by the Regional Contracting Officers.
48 CFR 2432.908 PART 2433 -- PROTESTS, DISPUTES, AND APPEALS
Sec.
2433.000 Scope of part.
48 CFR 2432.908 Subpart 2433.1 -- Protests
2433.101-70 Definitions.
2433.102 General.
2433.102-70 Responsibility.
2433.103 Protests to the agency.
2433.103-70 Times for filing
2433.103-71 Agency decision.
2433.104 Protests to GAO.
2433.104-70 Notice to GAO on protests filed under the Acquired
Property Program.
2433.105 Protests to GSBCA.
Authority: Competition in Contracting Act of 1984 (31 U.S.C.
3551-3556); sec. 205(c) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 486(c)); sec. 7(d) of the Department of
Housing and Urban Development Act (42 U.S.C. 3535(d)).
Source: 50 FR 46578, Nov. 8, 1985, unless otherwise noted.
48 CFR 2433.000 Scope of part.
This part identifies the responsible agents and sets forth procedural
requirements for handling protests.
(51 FR 40333, Nov. 6, 1986)
48 CFR 2433.000 Subpart 2433.1 -- Protests
48 CFR 2433.101-70 Definitions.
Working day, as used in this part, means a working day of the
Agencies of the Federal Government, excluding Saturdays, Sundays, and
Federal holidays, as specified in 5 U.S.C. 6103.
2433.102 General.
48 CFR 2433.102-70 Responsibility.
The Office of General Counsel has responsibility for handling matters
relating to protests filed with the General Accounting Office (GAO) or
the General Services Board of Contract Appeals (GSBCA) against award of
contracts by the Department. All written communications from the
Department to the GAO or the GSBCA shall be by the Office of General
Counsel. The Contracting Officer has responsibility for furnishing the
Office of General Counsel with all information relating to a protest.
48 CFR 2433.103 Protests to the agency.
(a) When the Contracting Officer makes a determination to award a
contract notwithstanding a protest, as authorized by FAR
33.103(a)(1)-(3), that determination shall be approved by the HCA before
the award, after consultation with the Office of General Counsel.
(b)(2) Protests received after award that are filed only with the
Department shall be decided promptly by the Contracting Office after
consultation with appropriate officials, including the program office
and the Office of General Counsel.
48 CFR 2433.103-70 Times for filing.
The times for filing a protest filed only with the Department shall
be consistent with GAO requirements at 4 CFR part 21.
48 CFR 2433.103-71 Agency decision.
The Contracting Officer shall issue, in writing, his or her final
decision on a protest within 20 working days from the date of receipt of
the protest by the Department. If it is determined that it is desirable
to solicit the views of GAO, the time for rendering a decision shall be
10 working days after the Department's receipt of GAO's views, but not
later than 30 working days after the Department receives the protest.
48 CFR 2433.104 Protests to GAO.
(a)(1) General. When advised by GAO of the receipt of a protest, the
Office of General Counsel shall immediately inform the contracting
activity. The Contracting Officer shall notify the Office of General
Counsel upon receipt of the copy of the protest from the protestor.
(2) Upon receipt by the Department of a written request for a formal
report relating to a protest, the Office of General Counsel, with
appropriate assistance from the Contracting Officer, shall prepare and
file the report in accordance with GAO requirements at 4 CFR part 21.
(c) Protests after award. Protests received after award shall be
treated in the same manner as those filed with GAO before award in
accordance with paragraphs (a)(1) and (a)(2) of this section.
(d) Findings and notice. When the Contracting Officer makes a
determination to award a contract notwithstanding a protest as
authorized by FAR 33.104(b)(1)(i-ii), or to continue contractor
performance as authorized by FAR 33.104(c)(2), that determination of the
intent to make an award or to continue contract performance shall be
approved by the HCA after consultation with the Office of General
Counsel.
(f) Notice to GAO. If the HCA proposes not to comply with a GAO
recommendation concerning the resolution of a protest of a procurement
award, prior to reporting to the Comptroller General concerning that
decision, the HCA shall obtain the concurrence of the Office of General
Counsel and the Senior Procurement Executive.
(50 FR 46578, Nov. 8, 1985, as amended at 51 FR 40333, Nov. 6, 1986)
48 CFR 2433.104-70 Notice to GAO on protests filed under the Acquired
Property Program.
With respect to protests filed under the Office of Housing's Acquired
Property Program, the HCA shall notify the Reconditioning and
Contracting Branch, Office of Multifamily Housing Management in the
event that he or she proposes not to comply with a GAO recommendation
concerning the resolution of a protest. The notification shall be in
writing, shall include supporting documentation and a rationale, and
shall be submitted to the Reconditioning and Contracting Branch within
30 days from the date of the Department's receipt of GAO's decision.
The Reconditioning and Contracting Branch shall obtain the concurrence
of the Office of General Counsel and the Senior Procurement Executive.
The Chief, Reconditioning and Contracting Branch shall then notify the
Comptroller General of the Department's decision not to comply with
GAO's recommendation.
(51 FR 40333, Nov. 6, 1986)
48 CFR 2433.105 Protests to GSBCA.
(d)(2) The Determination and Findings (D&F) establishing the
circumstances for not suspending the Department's procurement authority
shall be executed by the Assistant Secretary for Administration.
(51 FR 40333, Nov. 6, 1986)
48 CFR 2433.105 PART 2434 -- MAJOR SYSTEM ACQUISITIONS
Authority: Sec. 205(c) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 486(c)); sec. 7(d) of the Department of
Housing and Urban Development Act (42 U.S.C. 3535(d)).
48 CFR 2434.001 Definition.
(b) The Department's dollar threshold for a ''major system'', under
OMB Circular A-109, ''Major System Acquisitions'', is $15,000,000. The
Senior Procurement Executive may, however, designate any acquisition as
a ''major system acquisition'' if its priority to the Department's
overall mission warrants such emphasis or may waive the requirements of
the Circular if an acquisition exceeds $15,000,000, but does not
otherwise meet the definition of a major system.
(53 FR 46537, Nov. 17, 1988)
48 CFR 2434.003 Responsibilities.
(a) The Senior Procurement Executive is responsible for establishing
written procedures for implementation of A-109. Such procedures have
been set out in internal Departmental directives.
(53 FR 46537, Nov. 17, 1988)
48 CFR 2434.003 SUBCHAPTER F -- SPECIAL CATEGORIES OF CONTRACTING
48 CFR 2434.003 PART 2436 -- CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
48 CFR 2434.003 Subpart 2436.6 -- Architect-Engineer Services
Sec.
2436.602 Selection of firms for architect-engineer contracts.
2436.602-2 Evaluation boards.
2436.602-4 Selection authority.
2436.602-5 Short selection processes for contracts not to exceed
$10,000.
Authority: Sec. 7(d) of the Department of Housing and Urban
Development Act (42 U.S.C. 3535(d)).
Source: 49 FR 7708, Mar. 1, 1984, unless otherwise noted.
48 CFR 2434.003 Subpart 2436.6 -- Architect-Engineer Services
2436.602 Selection of firms for architect-engineer contracts.
48 CFR 2436.602-2 Evaluation boards.
(a) Each architect-engineer evaluation board, whether permanent or ad
hoc, shall consist of at least three voting members who are Federal
employees from the appropriate program area or from Federal offices
outside the program area as appropriate. One member of each board shall
be appointed Chairperson. Three (3) alternate members who are Federal
employees shall also be appointed, but at any given time the majority of
voting members shall be from the program area concerned. The members of
a permanent board shall be appointed for a period of two years.
Appointment shall be made by the following authorities with copies of
appointment memoranda furnished to the appropriate contracting activity:
(1) Assistant Secretary or equivalent for boards appointed at the
Headquarters level;
(2) Field Office Manager for boards appointed at the Field Office
level.
(c) Conflict of interest. Each board member, whether voting or
nonvoting, shall become familiar with those provisions of 24 CFR,
subtitle A, part O, Housing and Housing Credit regulations regarding
conflicts of interest. If at any time during the selection process a
board member encounters a situation with one or more of the firms being
considered that might be or might appear to be a conflict of interest,
he or she will disqualify him or herself and call it to the attention of
the Chairperson for resolution and proper action. The Chairperson will
refer the matter to the Office of General Counsel.
(d) Confidentiality. The evaluation board is to be insulated from
outside pressures, to the extent practical. No person having knowledge
of the activities of the board shall divulge information concerning the
deliberations of the board to any other persons not having a need to
know such information.
48 CFR 2436.602-4 Selection authority.
(a) The final selection decision shall be made by the appropriate
Primary Organization Head (Headquarters) or the appropriate Field Office
Manager (Field).
48 CFR 2436.602-5 Short selection processes for contracts not to exceed
$10,000.
The short selection process described in FAR 36.602-5(a) is
authorized for use for contracts not expected to exceed $10,000.
(49 FR 7708, Mar. 1, 1984; 49 FR 10930, Mar. 23, 1984)
48 CFR 2436.602-5 PART 2437 -- SERVICE CONTRACTING
48 CFR 2436.602-5 Subpart 2437.1 -- Service Contracts-General
2437.101 Definitions.
2437.110 Solicitation provisions and contract clauses.
48 CFR 2436.602-5 Subpart 2437.2 -- Consulting Services
2437.205 Management controls.
Authority: Sec. 205(c) of the Federal Procurement and Administrative
Services Act of 1949 (40 U.S.C. 486(c)); sec. 7(d) of the Department of
Housing and Urban Development Act (42 U.S.C. 3535(d)).
48 CFR 2436.602-5 Subpart 2437.1 -- Service Contracts -- General
48 CFR 2437.101 Definitions.
Government Technical Representative (GTR) means that individual
responsible for the technical direction, oversight, and evaluation of
the Contractor's performance.
(53 FR 46537, Nov. 17, 1988)
48 CFR 2437.110 Solicitation provisions and contract clauses.
(a) The Contracting Officer shall insert the clause at 2452.237-70,
Key Personnel, in solicitations and contracts when it is necessary for
contract performance to identify Contractor Key personnel.
(b) The Contracting Officer shall insert the clause at 2452.237-71,
Reproduction of Reports, in solicitations and contracts where the
Contractor is required to produce, as an end product, publications or
other written materials.
(c) The Contracting Officer shall insert the clause at 2452.237-72,
Coordination of Data Collection Activities, in solicitations and
contracts where the Contractor is required to collect information from
ten or more public respondents.
(d) The Contracting Officer shall insert the clause at 2452.237-73,
Conduct of Work, in all service contracts.
(e) The Contracting Officer shall insert the clause at 2452.237-74,
Technical Direction, in all cost-reimbursement solicitations and
contracts for services.
(f) The Contracting Officer shall insert the clause at 2452.237-75,
Clearance of Personnel, in all solicitations and contracts where
Contractor personnel will be working on-site in any HUD office.
Contractors shall be required to complete Forms FD-258, ''Fingerprinting
Charts'' and GSA-176, ''Statement of Personal History.''
(53 FR 46537, Nov. 17, 1988)
48 CFR 2437.110 Subpart 2437.2 -- Consulting Services
48 CFR 2437.205 Management controls.
(b)(6) Any proposed contract for consulting services that exceeds the
small purchase limitation requires review and approval by the
Procurement Review Board (PRB) at Headquarters or in the cognizant
Regional Office. Criteria for PRB review and approval of contracts for
consulting services are published in internal HUD directives and are
consistent with FAR 37.205(b).
(7) PRB review is equivalent to the reviews required by FAR 37.205(b)
(6) and (7).
(8) A copy of the PRB's written approval of the proposed contract
action shall be maintained in the official contract file.
(50 FR 46579, Nov. 8, 1985)
48 CFR 2437.205 SUBCHAPTER G -- CONTRACT MANAGEMENT
48 CFR 2437.205 PART 2442 -- CONTRACT ADMINISTRATION
48 CFR 2437.205 Subpart 2442.7 -- Indirect Cost Rates
Sec.
2442.705 Final indirect cost rates.
2442.705-70 Contract clause.
48 CFR 2437.205 Subpart 2442.11 -- Production Surveillance and Reporting
2442.1106 Reporting requirements.
2442.1107 Contract clause.
Authority: Sec. 205(c) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 486(c)); sec. 7(d) of the Department of
Housing and Urban Development Act (42 U.S.C. 3535(d)).
Source: 53 FR 46537, Nov 17, 1988, unless otherwise noted.
48 CFR 2437.205 Subpart 2442.7 -- Indirect Cost Rates
2442.705 Final indirect cost rates.
48 CFR 2442.705-70 Contract clause.
The Contracting Officer shall insert the clause at 2452.242-70,
Indirect Costs, in cost-reimbursement type solicitations and contracts
when it is determined that the Contractor will be compensated for
negotiated or provisional indirect cost rates pending establishment of
final indirect cost rates.
48 CFR 2442.705-70 Subpart 2442.11 -- Production Surveillance and Reporting
48 CFR 2442.1106 Reporting requirements.
(a) All contracts for professional or technical services exceeding
$100,000.00 shall use HUD Form 441.1, ''Project Management System
Baseline Plan,'' to outline how the Contractor proposes to carry out the
contract work and HUD Form 661.1, ''Project Management System Progress
Report,'' to monitor quantitative progress against the baseline plan.
Each of these forms shall be accompanied by a narrative description.
The Contracting Officer may waive the requirement to use these forms if
he or she believes the Statement of Work or contractor's technical
proposal are sufficiently specific or another acceptable means for
project management is substituted. Contracts awarded under the Acquired
Property Program are exempt from use of this reporting requirement.
48 CFR 2442.1107 Contract clause.
The Contracting Officer shall insert the clause at 2452.242-71,
Project Management System, in solicitations and contracts for
professional or technical services exceeding $100,000 unless the
Contracting Officer determines that the Statement of Work or technical
proposal is sufficiently specific or another acceptable method for
project management is substituted.
48 CFR 2442.1107 PART 2446 -- QUALITY ASSURANCE
48 CFR 2442.1107 Subpart 2446.5 -- Acceptance
Sec.
2446.502 Responsibility for acceptance.
2446.502-70 Contract clause.
48 CFR 2442.1107 Subpart 2446.6 -- Material Inspection and Receiving
Reports (Note)
Authority: Sec. 205(c) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 486(c)); sec. 7(d) of the Department of
Housing and Urban Development Act (42 U.S.C. 3535(d)).
Source: 53 FR 46537, Nov. 17, 1988, unless otherwise noted.
48 CFR 2442.1107 Subpart 2446.5 -- Acceptance
2446.502 Responsibility for acceptance.
48 CFR 2446.502-70 Contract clause.
The Contracting Officer shall insert the clause at 2452.246-70,
Inspection and Acceptance, in solicitations and contracts unless
inspection and acceptance will be performed by someone other than the
Government Technical Representative (GTR).
48 CFR 2446.502-70 Subpart 2446.6 -- Material Inspection and Receiving
Reports
Note: Inspection of contractor's performance shall be performed as
often as necessary to protect HUD's interest. HUD Form 9519, Acquired
Property Inspection Report, shall be used to document inspection and
acceptance for work performed on properties under the Acquired Property
Program. Distribution shall be as indicated on the form.
48 CFR 2446.502-70 PART 2449 -- TERMINATION OF CONTRACTS
Authority: Sec. 7(d) of the Department of Housing and Urban
Development Act (42 U.S.C. 3535(d)).
Source: 49 FR 7708, Mar. 1, 1984, unless otherwise noted.
48 CFR 2446.502-70 Subpart 2449.1 -- General Principles
48 CFR 2449.111 Review of proposed settlements.
The Head of the Contracting Activity shall establish internal
procedures to ensure the independent review of proposed termination
settlements in excess of $100,000.
48 CFR 2449.111 PART 2451 -- USE OF GOVERNMENT SOURCES BY CONTRACTORS
Authority: Sec. 205(c) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 486(c)); sec. 7(d) of the Department of
Housing and Urban Development Act (42 U.S.C. 3535(d)).
Source: 53 FR 46538, Nov. 17, 1988, unless otherwise noted.
48 CFR 2449.111 Subpart 2451.3 -- Contractor Use of Government Discount Air Passenger Transportation Rates
48 CFR 2451.303 Contract clause.
The Contracting Officer shall insert the clause at 2452.251-70,
Contractor Employee Travel, in all cost-reimbursement contracts
involving airline travel.
48 CFR 2451.303 SUBCHAPTER H -- CLAUSES AND FORMS
48 CFR 2451.303 PART 2452 -- SOLICITATION PROVISIONS AND CONTRACT CLAUSES
48 CFR 2451.303 Subpart 2452.2 -- Texts of Provisions and Clauses
Sec.
2452.209-70 Organizational conflicts of interest notification.
2452.209-71 Organizational conflicts of interest certification.
2452.209-72 Organizational conflicts of interest.
2452.212-70 Contract period.
2452.215-70 Proposal content and outline.
2452.215-71 DUNS Contractor establishment number.
2452.216-70 Estimated cost, base fee, and award fee.
2452.216-71 Payment of base and award fee.
2452.216-72 Determination of award fee earned.
2452.216-73 Performance evaluation plan.
2452.216-74 Distribution of award fee.
2452.216-75 Unpriced task orders.
2452.222-70 Accessibility of meetings, conferences, and seminars to
persons with disabilities.
2452.224-70 Freedom of Information Act notification.
2452.226-70 Certification of status as a minority business
enterprise.
2452.232-70 Payment schedule and invoice submission (fixed-price).
2452.232-70 Payment schedule and invoice submission (fixed-price) --
Alternate I.
2452.232-71 Voucher submission (cost-reimbursement).
2452.237-70 Key personnel.
2452.237-71 Reproduction of reports.
2452.237-72 Coordination of data collection activities.
2452.237-73 Conduct of work.
2452.237-74 Technical direction.
2452.237-75 Clearance of personnel.
2452.242-70 Indirect costs.
2452.242-71 Project management system.
2452.246-70 Inspection and acceptance.
2452.251-70 Contractor Employee Travel.
Authority: Sec. 205(c) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 486(c)); sec. 7(d) of the Department of
Housing and Urban Development Act (42 U.S.C. 3535(d)).
Source: 53 FR 46538, Nov. 17, 1988, unless otherwise noted.
48 CFR 2451.303 Subpart 2452.2 -- Texts of Provisions and Clauses
48 CFR 2452.209-70 Organizational conflicts of interest notification.
As prescribed in 2409.508-1, insert the following solicitation
provision in all solicitations.
(a) It is the Department of Housing and Urban Development's policy to
avoid situations which place an offeror in a position where its judgment
may be biased because of any past, present, or currently planned
interest, financial or otherwise, that the offeror may have which
relates to the work to be performed pursuant to this solicitation or
where the offeror's performance of such work may provide it with an
unfair competitive advantage.
(b) Offerors shall provide a statement which describes in a concise
manner all relevant facts concerning any past, present, or currently
planned interest (financial, contractual, organizational, or otherwise)
relating to the work to be performed hereunder and bearing on whether
the offeror has a possible organizational conflict of interest with
respect to (1) being able to render impartial, technically sound, and
objective assistance or advice, or (2) being given an unfair competitive
advantage. The offeror may also provide relevant facts that show how
its organizational structure and/or management systems limit its
knowledge of possible organizational conflicts of interest relating to
other divisions or sections of the organization and how that structure
or system would avoid or mitigate such organizational conflict.
(Offerors should refer to FAR subpart 9.5 and HUDAR subpart 2409.5 for
policies and procedures for avoiding, neutralizing, or mitigating
organizational conflicts of interest).
(c) In the absence of any relevant interests referred to above, the
offeror shall complete the certification at 2452.209-71, Organizational
Conflicts of Interest Certification.
(d) No award shall be made until the disclosure or certification has
been evaluated by the Contracting Officer. Failure to provide the
disclosure or certification will be deemed to be a minor infraction and
the offeror will be permitted to correct the omission within a time
frame established by the Contracting Officer.
(e) Refusal to provide the disclosure or certification and any
additional information as required, or the willful nondisclosure or
misrepresentation of any relevant information shall disqualify the
offeror.
(f) If the Contracting Officer determines that a potential conflict
exists, the selected offeror shall not receive an award unless the
conflict can be avoided or otherwise resolved through the inclusion of a
special contract clause or other appropriate means. The terms of any
special clause are subject to negotiation.
48 CFR 2452.209-71 Organizational conflict of interest certification.
As prescribed in 2409.508-1, insert the following solicitation
provision in all solicitations.
The bidder or offeror certifies that to the best of its knowledge and
belief and except as otherwise disclosed, he or she does not have any
organizational conflict of interest which is defined as a situation in
which the nature of work to be performed under this proposed Government
contract and the bidder or offeror's organizational, financial,
contractual or other interests may, without some restriction on future
activities:
(a) Result in an unfair competitive advantage to the offeror; or
(b) Impair the offeror's objectivity in performing the contract work.
In the absence of any actual or apparent conflict, I hereby certify
that to the best of my knowledge and belief, no actual or apparent
conflict of interest exists with regard to
Offeror(s) or Bidder(s) XXXXXXXXXX possible performance of this
procurement.
48 CFR 2452.209-72 Organizational conflicts of interest.
As prescribed in 2409.508-2, insert the following contract clause in
all contracts.
(a) The Contractor warrants that to the best of its knowledge and
belief and except as otherwise disclosed, he or she does not have any
organizational conflict of interest which is defined as a situation in
which the nature of work under a Government contract and a Contractor's
organizational, financial, contractual or other interests are such that:
(1) Award of the contract may result in an unfair competitive
advantage; or
(2) The Contractor's objectivity in performing the contract work may
be impaired.
(b) The Contractor agrees that if after award he or she discovers an
organizational conflict of interest with respect to this contract, he or
she shall make an immediate and full disclosure in writing to the
Contracting Officer which shall include a description of the action
which the Contractor has taken or intends to take to eliminate or
neutralize the conflict.
The Government may, however, terminate the contract for the
convenience of the Government if it would be in the best interest of the
Government.
(c) In the event the Contractor was aware of an organizational
conflict of interest before the award of this contract and intentionally
did not disclose the conflict to the Contracting Officer, the Government
may terminate the contract for default.
(d) The provisions of this clause shall be included in all
subcontracts and consulting agreements wherein the work to be performed
is similar to the service provided by the prime contractor. The
Contractor shall include in such subcontracts and consulting agreements
any necessary provisions to eliminate or neutralize conflicts of
interest.
48 CFR 2452.212-70 Contract period.
As prescribed in 2412.104(a), insert the following clause in all term
form cost-reimbursement and fixed-price service solicitations and
contracts.
The Contractor shall complete all work hereunder, including delivery
of the final report, if required, within XXXXX months from the effective
date of the contract.
48 CFR 2452.215-70 Proposal content and outline.
As prescribed in 2415.407(a), insert the following solicitation
provision in all solicitations over the small purchase limitation.
(a) Proposals shall be submitted in two separate parts as further
described below and shall be enclosed in a sealed envelope and addressed
to the office specified in the solicitation. The envelope must show the
hour and date specified in the solicitation for receipt, the
solicitation number, and the name and address of the offeror. Part I
shall consist of the technical and management submittal of the proposed
work. Part II shall consist of complete cost and pricing data. Each
part of the proposal shall be complete in itself so that the evaluation
of both parts can be accomplished concurrently, and the evaluation of
the technical and management submittal can be made strictly on the basis
of its merit.
(b) Part I -- Technical and Management.
Section 1: Proposal Coverage. Cover the scope of work and general
objectives which the proposal addresses.
Section 2: Tasks and Methods. Describe the principal tasks or
sub-projects to be undertaken together with a discussion of their
relationships to each other. Discuss the considerations for selecting,
performing and the time sequencing of the tasks or sub-projects.
Describe and discuss the method of personnel training and field
personnel recruitment and the method of project control to be applied to
the project to ensure timely, professional and quality performance. The
Contractor must clearly state his/her plans for project management and
in providing current and updated project progress to HUD during those
phases of Contractor performance that require substantial coordination
with HUD personnel.
Section 3: Organization and Staffing. Include an organizational
chart for the project showing the name of the project manager and the
names of key personnel. Include a brief resume for each person shown on
the special qualifications applicable to the performance of the project.
Describe the specific effort to be contributed to the project by each
of the key personnel and include a statement expressed either in
percentage or person-hours that each will devote to the effort. Include
a summation of the minimum person-hours or person-months of professional
effort to be used in completing the project. Describe the physical
facilities to be used. If consultants, advisors or subcontractors are
to be used, describe the arrangements and include resumes of the key
personnel.
Section 4: Prior and Current Experience. Include a list of projects
currently in progress and completed within the last two years which are
relevant to this procurement. Include names, addresses and telephone
numbers of contact points with these clients. The Government reserves
the right to request information from any source so named.
Section 5: Conflicting or Multiple Use of Contractor Resources.
Include a description of the contractor's current or planned projects
that may draw upon resources or personnel, including top management,
proposed to be committed to this project. Explain how such conflicting
or multiple uses will be resolved to avoid impairing the timely,
professional, and high-quality performance of this project. If the
proposer has one or more existing HUD projects that will run
concurrently with this project, explain how the level of attention
described in the proposal will be preserved across projects.
The Government reserves the right to downgrade the related Factor for
Award score for any proposal that does not adequately and credibly
address such conflicts or multiple uses.
(c) Part II -- Cost and Pricing Data.
Furnish cost or pricing data using the forms provided in Part III,
Section J of this solicitation, SF-1411, Contract Pricing Proposal.
Instructions for using that form are also in Section J. Round all
amounts to the nearest dollar. Also execute the ''Certifications and
Representations'' included in Part IV, Section K, and, where
appropriate, a ''Certification of Current Cost or Pricing Data''.
Furnish the names and telephone number of the Government audit
organization having cognizance of your activity.
(d) Proposals shall be submitted in six (6) copies each of Part I and
II.
48 CFR 2452.215-71 DUNS contractor establishment number.
As prescribed in 2415.407(b), insert the following solicitation
provision in all solicitations which exceed the small purchase
limitation.
Offerors or Bidders are required to complete the following for all
solicitations which exceed the small purchase limitation.
DUNS Contractor Establishment Number
48 CFR 2452.216-70 Estimated cost, base fee, and award fee.
As prescribed in 2416.405(e)(1), insert the following clause in all
award fee contracts.
The estimated cost of this contract is $ (Insert Amount). A base fee
of $ (Insert Amount) is payable in accordance with the clause entitled
Payment of Base and Award Fee. In addition, a maximum Award Fee of $
(Insert Amount) is available for payment in accordance with the clause
entitled Payment of Base and Award Fee.
48 CFR 2452.216-71 Payment of base and award fee.
As prescribed in 2416.405(e)(1), insert the following clause in all
award fee contracts.
(a) Base Fee. The Government will make payment of the base fee in
(insert number) increments on the schedule set forth in the Performance
Evaluation Plan established by the Government. The amount payable shall
be based on the progress toward completion of contract tasks as
determined by the Contracting Officer. Payment of the base fee is
subject to any withholdings as provided for elsewhere in this contract.
(b) Award Fee. The Government shall make payments of the award fee
in accordance with the schedule established in the Performance
Evaluation Plan and the Evaluation Period(s) set forth in the
Distribution of Award Fee clause.
48 CFR 2452.216-72 Determination of award fee earned.
As prescribed in 2416.405(e)(1), insert the following clause in all
award fee contracts.
(a) At the conclusion of each evaluation period specified in the
Performance Evaluation Plan, the Government shall evaluate the
contractor's performance and determine the amount, if any, of award fee
earned by the contractor. The amount of award fee to be paid will be
determined by the designated Fee Determination Official's (FDO)
judgmental evaluation in accordance with the criteria set forth in the
Performance Evaluation Plan. This decision is made unilaterally by the
Government and is not subject to the disputes clause or the provisions
of the Contract Disputes Act of 1978, 41 U.S.C. 601 et seq. In reaching
this decision, the FDO may consider any justification of award fee the
Contractor submits, provided that the justification is submitted within
(insert number) days after the end of an evaluation period. The FDO
determination shall be in writing, shall set forth the basis of the
FDO's decision, and shall be sent to the Contractor within (insert
number) days after the end of the evaluation period.
(b) The FDO may specify in any fee determination that fee not earned
during the period evaluated may be accumulated and be allocated for
award during a later evaluation period. The Distribution of Award Fee
clause shall be amended to reflect the allocation.
48 CFR 2452.216-73 Performance evaluation plan.
As prescribed in 2416.405(e)(1), insert the following clause in all
award fee contracts.
(a) The Government shall unilaterally establish a Performance
Evaluation Plan that will provide the basis for the determination of the
amount of award fee awarded under the contract. The Plan shall set
forth evaluation criteria and percentage of award fee available for (1)
technical functions, including schedule requirements if appropriate, (2)
management functions; and, (3) cost functions. The Government shall
furnish a copy of the Plan to the Contractor (insert number) days before
the start of the first evaluation period.
(b) The Government may initially revise the Performance Evaluation
Plan at any time during the contract term. The Contractor shall be
notified at least (insert number) days before the start of the
evaluation period to which the change will apply.
48 CFR 2452.216-74 Distribution of award fee.
As prescribed in 2416.405(e)(1), insert the following clause in all
award fee contracts.
(a) The total amount of award fee available under this contract is
assigned to the following evaluation periods in the following amounts:
Evaluation Period:
Available Award Fee:
(b) In the event of contract termination, either in whole or in part,
the amount of award fee available shall represent a pro-rata
distribution associated with evaluation period activities or events as
deteremined by the Fee Determination Official as designated in the
contract. The contract clauses required for cost reimbursement
contracts should be modified for use under award fee contracts as cited
below:
(1) The term ''base fee and award fee'' should be substituted for
''fixed-fee'' where it appears in the clause at FAR 52.243-2, Changes.
(2) The term ''base fee'' should be substituted for ''fee'' where it
appears in the clauses at FAR 52.232-20, Limitation of Costs, and FAR
52.232-22, Limitation of Funds.
(3) The phrase ''base fee, if any, and such additional fee as may be
awarded as provided for in the Schedule''; should be substituted for
the term ''fee'' whenever it appears in the clause at FAR 52.216-7,
Allowable Cost and Payment.
48 CFR 2452.216-75 Unpriced task orders.
As prescribed in 2416.504(e), insert the following clause in all
indefinite-quantity contracts.
(a) Although it is anticipated that the Government and the Contractor
will reach agreement on the total cost and fee or profit (if applicable)
for the effort to be undertaken, prior to the issuance of a Task Order,
there may be occasions when the Government wishes to authorize
commencement of work prior to agreement on price. If this is the case,
a Task Order may be issued which provides that the Contractor shall
immediately commence performance of the services specified in the order,
and shall submit a pricing proposal within fifteen days of receipt of
the Task Order. Upon negotiations of the cost, a supplemental agreement
shall be executed to make specific all terms and conditions of the Task
Order. Failure to agree for costs ordered under this procedure shall be
considered a dispute within the meaning of the clause of this contract
entitled Disputes.
(b) Unpriced Task Orders shall indicate a ''not-to-exceed'' amount
for the order; however, such amount shall not exceed 50 percent of the
estimated cost of the Task Order. The Task Order shall only require the
Contracting Officer's signature, but shall comply with all other Task
Order requirements.
48 CFR 2452.222-70 Accessibility of meetings, conferences, and seminars
to persons with disabilities.
As prescribed in 2422.1408(c), insert the following clause in all
solicitations and contracts.
The contractor shall assure that any meeting, conference, or seminar
held pursuant to the contract will meet all applicable standards for
accessibility to persons with disabilities pursuant to section 504 of
the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) and any
implementing regulations of the Department.
48 CFR 2452.224-70 Freedom of Information Act notification.
As prescribed in 2424.202-70, insert the following provision in all
solicitations.
Proposals submitted in response to this solicitation are subject to
disclosure under the Freedom of Information Act (FOIA). To assist the
Department in determining whether or not to release information
contained in a proposal in the event a FOIA request is received,
offerors may, through clear earmarking or otherwise, indicate those
portions of their proposals which they believe should not be disclosed.
While an offeror's advice will be considered by the Department in its
determination whether to release requested information or not, it must
be emphasized that the Department is required by the FOIA to make an
independent evaluation as to the information, notwithstanding the
offeror's views. It is suggested that if an offeror believes that
confidential treatment is appropriate, the basis for this view should be
provided, where possible, because general assertions or blanket requests
for confidentiality, without more information, are not particularly
helpful to the Department in making determinations concerning the
release of information under the Act. It should also be noted that the
Department is required to segregate disclosable information from
non-disclosable items, so particular care should be taken in the
identification of each portion of which confidential treatment is
requested. Offeror's views concerning confidentiality will be used to
aid the Department in preparing its response to FOIA requests. Further,
offerors should note that the presence or absence of such comments or
earmarking regarding confidential information will have no bearing
whatsoever on the evaluation of proposals submitted pursuant to this
solicitation, nor will the absence of this earmarking automatically
result in greater disclosure.
48 CFR 2452.226-70 Certification of status as a minority business
enterprise.
As prescribed in 2426.103, insert the following solicitation
provision in all solicitations.
( ) Bidder, Offeror or Supplier certifies that he or she ( ) is, ( )
is not, (check one), a minority business enterprise which is defined as
a business which is at least 51 percent owned by one or more minority
group members or, in the case of a publicly owned business, at least 51
percent of its voting stock is owned by one or more minority group
members, and whose management and daily operations are controlled by one
or more such individuals. For the purpose of this definition, minority
group members are:
(Check the box applicable to you)
( ) Black Americans
( ) Hispanic Americans
( ) Native Americans
( ) Asian Pacific Americans
( ) Asian Indian Americans
( ) Hasidic Jewish Americans
48 CFR 2452.232-70 Payment schedule and invoice submission
(fixed-price).
As prescribed in 2432.908(a), insert the following clause in all
fixed price solicitations and contracts.
(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 Part I, 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 CONTRACT REQUIREMENTS)
(b) Payment Schedule. Payments will be made in accordance with the
following partial payment schedule:
(c) Submission of Invoices. Invoices shall be submitted in an
original and three (3) copies to the payment office identified in Block
12 of the SF-26 or Block 25 of the SF-33. To constitute a proper
invoice, the invoice must include all items per FAR 52.232-25, ''Prompt
Payment.''
To assist the Government in making timely payments, the Contractor is
also requested to identify the appropriation number (from Block 14 if
award is made on the SF-26 or Block 21 if award is made on the SF-33) on
each invoice. The Contractor is also requested to identify on the
envelope that an invoice is enclosed.
(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:
This alternate is required for all fixed-price contracts issued by
Regional Contracting Officers. In such cases, substitute the following
paragraph (c) for that in the basic clause:
(c) Invoices shall be submitted in an original and three (3) 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.''
48 CFR 2452.232-71 Voucher submission (cost-reimbursement).
As prescribed in 2432.908(b), insert the following clause in all
cost-reimbursement solicitations and contracts.
(a) The Contractor shall submit, on a monthly basis (Contracting
Officer may substitute a different time frame, if appropriate), an
original and two (2) 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 distributed as follows, except for the
final voucher which shall be submitted in all copies to the Contracting
Officer.
To assist the Government in making timely payments, the Contractor is
requested to identify the appropriation number (from Block 14 of the SF
26) on each voucher. The Contractor is also requested to identify on
the envelope that a voucher is enclosed.
(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:
This alternate is required for all cost-reimbursement contracts
issued by Regional Contracting Officers. In such cases, substitute the
following paragraph (a) for that in the basic clauses:
(a) The Contractor shall submit, on a monthly basis (Contracting
Officer may substitute a different time frame, if appropriate), an
original and three (3) 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 Contracting Officer
specified in Block 5 of the contract.
48 CFR 2452.237-70 Key personnel.
As prescribed in 2347.110(a), insert the following clause in
solicitations and contracts when it is necessary for contract
performance to identify the Contractor's key personnel.
The personnel specified below are considered to be essential to the
work being performed under this contract. Prior to diverting any of the
specified individuals to other projects, the Contractor shall notify the
Contracting Officer reasonably in advance and shall submit justification
(including proposed substitutions) in sufficient detail to permit
evaluation of the impact on the program. No diversion shall be made by
the Contractor without the written consent of the Contracting Officer:
Provided, that the Contracting Officer may ratify in writing such
diversion and such ratification shall constitute the consent of the
Contracting Officer required by this clause. This clause may be amended
from time to time during the course of the contract to either add or
delete personnel, as appropriate.
48 CFR 2452.237-71 Reproduction of reports.
As prescribed in 2437.110(b), insert the following clause in
solicitations and contracts where the Contractor is required to produce,
as an end product, publications or other written materials.
In accordance with Title I of the Government Printing and Binding
Regulations, printing of reports, data, or other written material, if
required herein, is authorized provided that the material produced does
not exceed 5,000 production units of any page and that items consisting
of multiple pages do not exceed 25,000 production units in aggregate.
The aggregate number of production units is determined by multiplying
pages times copies. A production unit is one set, size 8 1/2 by 11
inches or less, printed on one side only and in one color. All copy
preparation to produce camera ready copy for reproduction must be set by
methods other than hot metal typesetting. The reports should be
produced by methods employing stencils, masters, and plates which are to
be used in single unit duplicating equipment no larger than 11 by 17
inches with a maximum image of 10 3/4 by 14 1/4 inches and are prepared
by methods or devices that do not utilize reusable contact negatives
and/or positives prepared with a camera requiring a darkroom. All
reproducibles (camera ready copies for reproduction by photo offset
methods) shall become the property of the Government and shall be
delivered to the Government with the report, data, or other written
materials.
48 CFR 2452.237-72 Coordination of data collection activities.
As prescribed in 2437.110(c), insert the following clause in
solicitations and contracts where the Contractor is required to collect
identical information from ten or more public respondents.
If it is established at award or subsequently becomes a contractual
requirement to collect identical information from ten or more public
respondents, the Paperwork Reduction Act (44 U.S.C. 3501-3520) applies.
In that event, the Contractor shall not take any action to solicit
information from any of the public respondents until notified in writing
by the Contracting Officer that the required Office of Management and
Budget (OMB) final clearance was received.
48 CFR 2452.237-73 Conduct of work.
As prescribed in 2437.110(d), insert the following clause in all
contracts for services.
(a) The Government Technical Representative (GTR) for liaison with
the Contractor as to the conduct of work is XXXXX, or a successor
designated in writing by the Contracting Officer.
(b) The Contractor's work hereunder shall be carried out under the
supervision of XXXXX.
This alternate is required for all fixed-price contracts for
services. In such cases, add the following paragraph (c):
(c) The GTR shall provide direction on contract performance. Such
direction must be within the contract scope of work and may not be of a
nature which: (1) institutes additional work outside the scope of the
contract; (2) constitutes a change as defined in FAR 52.243-2; (3)
causes an increase or decrease in the cost of the contract; (4) alters
the period of performance or delivery dates; or, (5) changes any of the
other express terms or conditions of the contract.
48 CFR 2452.237-74 Technical direction.
As prescribed in 2437.110(e), insert the following clause in all
cost-reimbursement type solicitations and contracts.
(a) The GTR will provide technical direction on contract performance.
Technical direction includes:
(1) Direction to the contractor as to which areas the Contractor is
to emphasize or pursue.
(2) Comments on and approval of reports or other deliverables.
(b) Technical direction must be within the contract Statement of
Work.
The GTR does not have the authority to issue technical direction
that: (1) institutes additional work outside the scope of the contract;
(2) constitutes a change as defined in FAR 52.243-2; (3) causes an
increase or decrease in the estimated cost of the contract; (4) alters
the period of performance; or (5) changes any of the other express
terms or conditions of the contract.
(c) Technical direction will be issued in writing by the GTR or
confirmed by him or her in writing within five calendar days after
verbal issuance.
48 CFR 2452.237-75 Clearance of personnel.
As prescribed in 2437.110(f), insert the following clause in
solicitations and contracts where contractor personnel will be working
on-site in any HUD office.
(a) The Contractor shall submit to the Contracting Officer within
five days after contract award, two (2) completed Forms FD-258,
''Fingerprinting Charts'' and one (1) GSA Form 176, ''Statement of
Personal History,'' for the Contractor and all employees who have access
to the building in performance of the contract work. These forms must
be submitted for all replacement employees prior to entrance on duty.
Necessary forms will be furnished by HUD. If the Contracting Officer
receives an unsuitable report on any employee after processing of these
forms or if the Contracting Officer finds a prospective employee to be
unsuitable or unfit for his/her assigned duties, the Contractor shall be
advised immediately that such employee cannot continue to work or be
assigned to work under the contract.
(b) HUD shall have and exercise full and complete control over
granting, denying, withholding, or terminating employment eligibility of
contractor employees.
(c) Temporary identification/building passes shall be issued to each
Contractor employee working on-site. The Contractor shall submit to the
GTR a list of those employee(s) with their Social Security number(s).
Building passes, when issued, shall indicate an expiration date not
exceeding the first-year term of the contract. The passes shall be
renewed for each succeeding option year, if any. The Contractor shall
return, to the GTR, all building passes upon expiration of the contract,
whenever the employment of any such employee is terminated, or when an
employee no longer has a need for access to the building.
48 CFR 2452.242-70 Indirect costs.
As prescribed in 2442.705-70, insert the following clause in
cost-reimbursement type solicitations and contracts when it is
determined that the Contractor will be compensated for negotiated or
provisional indirect cost rates pending establishment of final indirect
cost rates.
(a) Pursuant to the provisions of the clause of this contract
entitled, ''Allowable Cost and Payment'' the rates listed below are
established. If the column entitled, ''Ceiling Rate'' has rates listed,
the ceiling applies for those rates only. If there are no ceiling rates
listed, ceilings do not apply to this contract and the provisions of
paragraph (b) of this clause are not applicable.
48 CFR 2452.242-71 Project management system.
As prescribed in 2442.1107, insert the following clause in
solicitations or contracts for professional or technical services
exceeding $100,000. Use of this system may be waived by the Contracting
Officer if he or she believes the Statement of Work or technical
proposal are sufficiently specific or another acceptable means of
project management is substituted.
The Contractor shall provide to the GTR and Contracting Officer a
project management system workplan and regular status reports showing
actual progress against the workplan. The project management system
utilizes two reporting forms (the HUD 441.1 Baseline Plan and the HUD
661.1 Progress Report), in addition to a narrative description.
Briefly, the workplan and progress reports shall consist of the
following:
The workplan shall consist of a narrative description and a graphic
summary (HUD 441.1) of the schedule and financial elements of the
contract. The narrative shall: (1) describe the planned schedule; (2)
identify each step in the work process required for completing the
contract work and the period of time needed to accomplish each step,
expressed in terms of calendar dates; (3) provide the staff, financial,
and other resources allocated to each task; and, (4) provide the
rationale for project organization, staff utilization, and other
resources allocated to each task or activity. The HUD 441.1 shall show:
(1) cumulative planned or budgeted costs of work scheduled for each
reporting period over the life of the contract; and (2) the planned
project schedule that traces, by reporting period, the task or sub-task
start dates, periods of work in progress, and completion dates.
Progress reports shall consist of a narrative report and the HUD
661.1 which depicts actual progress against planned progress. The
narrative report shall: (1) provide a brief, factual summary
description of technical progress made and costs incurred for each task
(or group of tasks) during the reporting period; and, (2) identify
significant problems and their impacts, causes, proposed corrective
actions, and the effect that such corrective actions will have on the
accomplishment of the contract objectives. The HUD 661.1 reproduces the
Baseline Plan (HUD 441.1) and shall show: (1) the schedule status or
the degree of completion of tasks/activities by time intervals; and,
(2) cost status or the actual costs of work performed in accomplishing
the tasks.
Specific and detailed guidance on preparing the forms and the
narratives may be obtained from the GTR.
48 CFR 2452.246-70 Inspection and acceptance.
As prescribed in 2446.502-70, insert the following clause in
solicitations and contracts unless inspection and acceptance will be
performed by someone other than the GTR.
Inspection and acceptance of all work required under this contract
shall be performed by the Government Technical Representative (GTR)
identified in Block 11 of the SF-26, or other individual as designated
by the Contracting Officer of GTR.
48 CFR 2452.251-70 Contractor employee travel.
As prescribed in 2451.303, insert the following clause in all
cost-reimbursement solicitations and contracts involving airline travel.
(a) In the event that travel is required by this contract, the
Contractor shall, to the maximum extent practical, utilize the travel
discounts offered to Federal travelers, through use of contracted
airline discount air fares, hotel and motel lodging rates, and car
rental companies, which are available to contractor employees performing
official Government contract business. Vendors providing these services
may require that the contractor employee traveling on Government
business be furnished with a letter of identification signed by the
Contracting Officer.
(b) The Contractor shall provide the Contracting Officer with the
names of those individuals who are required to travel per the contract
terms. The Contracting Officer shall provide the Contractor with an
identification letter for presentation to the participating vendors.
(c) The Contractor shall bill the Government for the actual costs
incurred for travel in accordance with FAR 31.205-46, ensuring that
other savings achieved through the use of any discount fares accrue to
the Government.
48 CFR 2452.251-70 PART 2453 -- FORMS
Sec.
2453.000 Scope of part.
48 CFR 2452.251-70 Subpart 2453.2 -- Prescription of Forms
2453.213 Small purchases and other simplified purchase procedures.
2453.213-70 HUD Form 24007, Purchase/Delivery Order Data File.
2453.213-71 HUD Form 24001, Order for Supplies or Services.
2453.213-72 HUD Form 2542, Purchase Order and Payment Authorization.
2453.215 Contracting by negotiation.
2453.215-70 HUD Form 4056, Abstract of Proposals.
2453.217 Special contracting methods.
2453.217-70 HUD Form 730, Award/Modification of Interagency
Agreement.
2453.227 Patents, data, and copyrights.
2453.227-70 HUD Form 770, Report of Inventions and Subcontracts.
2453.242-70 HUD Form 441.1, Project Management System Baseline Plan.
2453.242-71 HUD Form 661.1, Project Management System Progress
Report.
2453.246 Quality Assurance.
2453.246-70 HUD Form 9519, Acquired Property Inspection Report.
Authority: Sec. 205(c) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 486(c)); sec. 7(d) of the Department of
Housing and Urban Development Act (42 U.S.C. 3535(d)).
Source: 53 FR 46543, Nov. 17, 1988, unless otherwise noted.
48 CFR 2453.000 Scope of part.
This part prescribes Agency forms for use in acquisition and contains
requirements and information generally applicable to the forms.
48 CFR 2453.000 Subpart 2453.2 -- Prescription of Forms
2453.213 Small purchases and other simplified purchase procedures.
48 CFR 2453.213-70 HUD Form 24007. Purchase/Delivery Order Data File.
As prescribed in 2413.107(a)(4), HUD Form 24007 may be used by the
Contracting Officer to record all relevant data pertaining to a small
purchase, including recording written and oral quotations received and
documenting orders against GSA contracts.
48 CFR 2453.213.71 HUD Form 24001, Order for Supplies or Services.
As prescribed in 2413.505-2(a), Contracting Officers may use HUD Form
24001 in lieu of Optional Form 347 for individual purchases not
exceeding the small purchases limit.
48 CFR 2453.213-72 HUD Form 2542, Purchase Order and Payment
Authorization.
As prescribed in 2413.505-2(b), Contracting Officers shall use HUD
Form 2542 for small purchases under the Acquired Property Programs.
2453.215 Contracting by negotiation.
48 CFR 2453.215-70 HUD Form 4056, Abstract of Proposals.
As prescribed in 2415.411-70, HUD Form 4056 may be used by the
Contracting Officer to record the names and addresses of offerors whose
proposals are received before the stated deadline.
2453.217 Special contracting methods.
48 CFR 2453.217-70 HUD Form 730, Award/Modification of Interagency
Agreement.
As prescribed in 2417.504(b), HUD Form 730 shall be used by
Contracting Officers when placing or modifying an order for supplies or
services from another Government agency.
2453.227 Patents, data, and copyrights.
48 CFR 2453.227-70 HUD Form 770, Report of Inventions and Subcontracts.
As prescribed in 2427.305-2, HUD Form 770 shall be completed by the
Contractor, and submitted to the Contracting Officer, if requested, upon
completion of the contract.
2453.242 Contract administration.
48 CFR 2453.242-70 HUD Form 441.1, Project Management System Baseline
Plan.
As prescribed in 2442.1106(a), HUD Form 441.1 shall be used in
contract for professional or technical services exceeding $100,000.00 by
Contractors to show how they propose to carry out the contract work.
The requirement may be waived by the Contracting Officer if he or she
believes that the Statement of Work or Contractor's technical proposal
is sufficiently specific or another acceptable means for project
management is substituted.
48 CFR 2453.242-71 HUD Form 661.1, Project Management System Progress
Report.
As prescribed in 2442.1106(a), HUD Form 661.1 shall be used in
conjunction with the HUD Form 441.1 to monitor quantitative progress
against the baseline plan. The 661.1 need not be used if use of HUD
Form 441.1 has been waived by the Contracting Officer; however, some
acceptable means of progress reporting must be substituted.
2453.246 Quality Assurance.
48 CFR 2453.246-70 HUD Form 9519, Acquired Property Inspection Report.
As prescribed in 2446.6, HUD Form 9519 shall be used to document
inspection and acceptance for work performed on properties under the
Acquired Property Program.
48 CFR 2453.246-70 48 CFR Ch. 25 (10-1-92 Edition)
48 CFR 2453.246-70 National Science Foundation
48 CFR 2453.246-70 CHAPTER 25 -- NATIONAL SCIENCE FOUNDATION
48 CFR 2453.246-70 (Parts 2500 to 2599)
48 CFR 2453.246-70 SUBCHAPTER A -- GENERAL
Part
Page
2501 Federal Acquisition Regulations System
48 CFR 2453.246-70
48 CFR 2453.246-70 SUBCHAPTER B -- ACQUISITION PLANNING
2509 Contractor qualifications
48 CFR 2453.246-70
48 CFR 2453.246-70 SUBCHAPTER C -- CONTRACTING METHODS AND CONTRACT
TYPES
2515 Contracting by negotiation
48 CFR 2453.246-70
48 CFR 2453.246-70 SUBCHAPTER E -- GENERAL CONTRACTING REQUIREMENTS
2527 Patents, data, and copyrights
2532 Contract financing
48 CFR 2453.246-70
48 CFR 2453.246-70 48 CFR Ch. 25 (10-1-92 Edition)
48 CFR 2453.246-70 National Science Foundation
48 CFR 2453.246-70 SUBCHAPTER A -- GENERAL
48 CFR 2453.246-70 PART 2501 -- FEDERAL ACQUISITION REGULATIONS SYSTEM
48 CFR 2453.246-70 Subpart 2501.1 -- Purpose, Authority, Issuance
Sec.
2501.101 Purpose.
2501.102 Authority.
2501.103 Applicability.
2501.104 Issuance.
2501.104-1 Publication and code arrangement.
2501.104-2 Arrangement of regulations.
48 CFR 2453.246-70 Subpart 2501.4 -- Deviations From the FAR
2501.403 Individual deviations.
2501.404 Class deviations.
48 CFR 2453.246-70 Subpart 2501.6 -- Contracting Authority and
Responsibilities
2501.601 General.
2501.602 Contracting officers.
2501.602-1 Authority.
Authority: 42 U.S.C. 1870(a).
Source: 49 FR 46744, Nov. 28, 1984, unless otherwise noted.
48 CFR 2453.246-70 Subpart 2501.1 -- Purpose, Authority, Issuance
48 CFR 2501.101 Purpose.
These regulations implement and supplement the Federal Acquisition
Regulations (FAR).
48 CFR 2501.102 Authority.
The NSF Acquisition Regulations are issued under the authority of
section 11(a) of the National Science Foundation Act of 1950, as amended
(42 U.S.C. 1870(a)).
48 CFR 2501.103 Applicability.
Except where a deviation is specifically authorized in accordance
with subpart 2501.4 or otherwise authorized by law, the FAR and the
NSFAR govern all NSF acquisitions.
2501.104 Issuance.
48 CFR 2501.104-1 Publication and code arrangement.
(a) The NSFAR is published in the daily issues of the Federal
Register and, in cumulative form, in the Code of Federal Regulations.
(b) The NSFAR is issued as chapter 25 of title 48, CFR.
48 CFR 2501.104-2 Arrangement of regulations.
The NSFAR uses the same numbering system and arrangement used in the
FAR. Where the NSFAR implements the FAR it is numbered and captioned to
correspond to the FAR. Where there is no corresponding material in the
FAR, Parts 70 and up are used by the NSFAR. Where the subject matter in
the FAR requires no implementation the NSFAR contains no corresponding
part.
48 CFR 2501.104-2 Subpart 2501.4 -- Deviations From the FAR
48 CFR 2501.403 Individual deviations.
Individual deviations, affecting only one contracting action may be
authorized by the NSF Procurement Executive.
48 CFR 2501.404 Class deviations.
Class deviations may be authorized by the NSF Procurement Executive
subject to the limitations set forth in FAR subpart 1.4.
48 CFR 2501.404 Subpart 2501.6 -- Contracting Authority and Responsibilities
48 CFR 2501.601 General.
Authority and responsibility to contract for authorized supplies and
services is vested in the Director, NSF, within the limits expressly
provided by the National Science Foundation Act of 1950 (42 U.S.C. 1861
et seq.) The NSF Procurement Executive is delegated overall
responsibility by the Director for the Foundation's contracting
activities.
2501.602 Contracting officers.
48 CFR 2501.602-1 Authority.
NSF Contracting Officers have authority to enter into, administer, or
terminate contracts and make related determinations and findings to the
extent of the authority delegated to them in writing by the NSF
Procurement Executive.
48 CFR 2501.602-1 SUBCHAPTER B -- ACQUISITION PLANNING
48 CFR 2501.602-1 PART 2509 -- CONTRACTOR QUALIFICATIONS
48 CFR 2501.602-1 Subpart 2509.4 -- Debarment, Suspension, and
Ineligibility
Sec.
2509.400 Scope of subpart.
2509.403 Definitions.
2509.405 Effect of listing.
2509.405-1 Continuation of current contracts.
2509.405-2 Restrictions on subcontracting.
2509.406 Debarment.
2509.406-1 General.
2509.406-3 Procedures.
2509.407 Suspension.
2509.407-1 General.
2509.407-3 Procedures.
2509.408 Certification regarding debarment, suspension, proposed
debarment, and other responsibility matters.
2509.410 Appeals.
Authority: Sec. 11(a), National Science Foundation Act of 1950, as
amended (42 U.S.C. 1870(a)).
Source: 57 FR 34881, Aug. 7, 1992, unless otherwise noted.
48 CFR 2501.602-1 Subpart 2509.4 -- Debarment, Suspension, and Ineligibility
48 CFR 2509.400 Scope of subpart.
This subpart supplements subpart 9.4 of the Federal Acquisition
Regulation by prescribing NSF policies and procedures and assigning
responsibility for making debarment and suspension decisions. Nothing
in this subpart is intended to alter the effect of subpart 9.4.
48 CFR 2509.403 Definitions.
The NSF Deputy Director is the ''debarring official'' and
''suspending official'' for the Foundation. All duties assigned to the
NSF Deputy Director by this regulation or by subpart 9.4 of the Federal
Acquisition Regulation may be delegated by him or her to any officer or
employee of the Foundation.
2509.405 Effect of listing.
48 CFR 2509.405-1 Continuation of current contracts.
(a) The NSF Deputy Director will decide whether to continue NSF
contracts or subcontracts in existence at the time a contractor is
debarred, suspended, or proposed for debarment.
(b) The NSF Deputy Director will decide whether to renew or otherwise
extend the duration of NSF contracts, or consent to subcontracts, with
contractors debarred, suspended, or proposed for debarment. He or she
will prepare a written statement of the compelling reasons for renewal
and extension.
48 CFR 2509.405-2 Restrictions on subcontracting.
The NSF Deputy Director may authorize a contracting officer to
consent to a subcontract with a contractor debarred, suspended, or
proposed for debarment. Her or she will prepare a written statement of
the compelling reasons for such approval.
2509.406 Debarment.
48 CFR 2509.406-1 General.
(c) The NSF Deputy Director will decide whether to enter into a
contract with a contractor that is debarred or proposed for debarment.
He or she will prepare a written statement of the compelling reasons
justifying continued business dealings between the Foundation and the
contractor.
48 CFR 2509.406-3 Procedures.
(a) Any NSF employee who becomes aware of circumstances that may
serve as the basis for debarment of a contractor will promptly report
them to the NSF Office of Inspector General (OIG) and the debarring
official. OIG will investigate the circumstances and, if it determines
appropriate, prepare a written referral of the matter to the debarring
official.
(b) Upon receipt of a referral from the NSF Office of Inspector
General, the debarring official will determine, in consultation as
appropriate with OIG, the NSF Office of the General Counsel, the NSF
Procurement Executive, and program officials, what additional steps are
necessary and appropriate to make a decision in accordance with the
requirements of 48 CFR 9.406-3.
2509.407 Suspension.
48 CFR 2509.407-1 General.
(d) The NSF Deputy Director will decide whether to enter into a
contract with a suspended contractor. He or she will prepare a written
statement of the compelling reasons justifying continued business
dealings between the Foundation and the contractor.
48 CFR 2509.407-3 Procedures.
(a) Any NSF employee who becomes aware of circumstances that may
serve as the basis for suspension of a contractor will promptly report
them to the NSF Office of Inspector General (OIG) and the suspending
official. OIG will investigate the circumstances and, if it determines
appropriate, prepare a written referral of the matter to the suspending
official.
(b) Upon receipt of a referral from the NSF Office of Inspector
General, the suspending official will determine, in consultation as
appropriate with OIG, the NSF Office of the General Counsel, the NSF
Procurement Executive, and program officials, what additional steps are
necessary and appropriate to make a decision in accordance with the
requirements of 48 CFR 9.407-3.
48 CFR 2509.408 Certification regarding debarment, suspension, proposed
debarment, and other responsibility matters.
(a)(2) NSF contracting officers will notify the Office of Inspector
General and the Deputy Director whenever information submitted by
offerors in compliance with the Certifications Regarding Debarment,
Suspension, Proposed Debarment, and Other Responsibility Matters
provisions in solicitations indicates the existence of an indictment,
charge, conviction, or civil judgment.
48 CFR 2509.410 Appeals.
(a) A debarred or suspended contractor may appeal to the Director in
writing within 30 days after receiving notice of the debarring or
suspending official's decision in accordance with 48 CFR 9.406-3(e) or
9.407-3(d)(4). The debarring or suspending official's decision becomes a
final administrative action if not appealed within the 30 day period.
(b) The Director may appoint an uninvolved NSF officer or employee to
review an appeal and make recommendations.
(c) The Director will inform the appellant of a final decision within
30 days after receiving the appeal. That decision will be the final
administrative action of the Foundation.
48 CFR 2509.410 SUBCHAPTER C -- CONTRACTING METHODS AND CONTRACT TYPES
48 CFR 2509.410 PART 2515 -- CONTRACTING BY NEGOTIATION
Authority: 42 U.S.C. 1870(c).
Source: 49 FR 46744, Nov. 28, 1984, unless otherwise noted.
48 CFR 2509.410 Subpart 2515.2 -- Negotiation Authorities
48 CFR 2515.215-70 NSF negotiation authorities.
(a) Authorities. Citation: 42 U.S.C. 1870(c).
(b) Application. When an NSF contract is for scientific activities
which are determined by the NSF contracting officer to be ''necessary to
carry out the purposes of the NSF Act,'' then 41 U.S.C. 252(c)(15) is
applicable and the contract may be entered into through negotiation
rather than formal advertising. The Foundation's contracting officer
may, in lieu of reliance on 42 U.S.C. 1870(c) and 41 U.S.C. 252(c)(15),
utilize other applicable negotiating authorities at his or her
discretion. 42 U.S.C. 1870(c) and 41 U.S.C. 252(c)(15) may also be used
to authorize negotiation if the Foundation is carrying out, ''at the
request of the Secretary of State or Secretary of Defense, specific
scientific activities in connection with matters relating to
international cooperation or national security.'' Contracts or their
modifications entered into under this authority may be done so without
legal consideration and without performance or other bonds.
48 CFR 2515.215-70 SUBCHAPTER E -- GENERAL CONTRACTING REQUIREMENTS
48 CFR 2515.215-70 PART 2527 -- PATENTS, DATA, AND COPYRIGHTS
48 CFR 2515.215-70 Subpart 2527.70 -- Disposition of Rights in
Inventions
Sec.
2527.7001 General.
2527.7002 NSF patent policy.
48 CFR 2515.215-70 Subpart 2527.71 -- Data Rights -- (Reserved)
Authority: 35 U.S.C. 200 et seq., commonly called the Bayh-Dole Act,
as implemented by OMB Circular A-124; secs. 11(e) and 12(a) of the
National Science Foundation Act, as amended (42 U.S.C. 1870(e) and
1871(a)); and the Presidential Memorandum entitled ''Government Patent
Policy'', issued Feb. 18, 1983.
48 CFR 2515.215-70 Subpart 2527.70 -- Disposition of Rights in Inventions
48 CFR 2527.7001 General.
National Science Foundation policies, procedures, and clauses
governing allocation of rights to inventions made under NSF contracts,
grants, and cooperative agreements were published in the Federal
Register on Tuesday, April 28, 1992, at 57 FR 18052 and will be codified
as part 650 of title 45 of the Code of Federal Regulations.
(57 FR 34882, Aug. 7, 1992)
48 CFR 2527.7002 NSF patent policy.
As authorized by the National Science Board at its 230th meeting,
October 15-16, 1981, the Director of the National Science Foundation has
adopted the following statement of NSF patent policy.
(a) In accordance with by the Bayh-Dole Act and the Presidential
Memorandum entitled ''Government Patent Policy'' issued February 18,
1983, the Foundation will use the Patent Rights clause prescribed by the
Department of Commerce in all its funding agreements for the performance
of experimental, developmental, or research work, including awards made
to foreign entities, unless the Foundation determines that some other
provision would better serve the purposes of that Act or the interests
of the United States and the general public.
(b) In funding agreements covered by a treaty or agreement that
provides that an international organization or foreign government,
research institute, or inventor will own or share patent rights, the
Foundation will acquire such patent rights as are necessary to comply
with the applicable treaty or agreement.
(c) If an awardee elects not to retain rights to an invention, the
Foundation will allow the inventor to retain the principal patent rights
unless the awardee, or the inventor's employer if other than the
awardee, shows that it would be harmed by that action.
(d) The Foundation will normally allow any patent rights not wanted
by the awardee or inventor to be dedicated to the public through
publication in scientific journals or as a statutory invention
registration. However, if another Federal agency is known to be
interested in the relevant technology, the Foundation may give it an
opportunity to review and patent the invention so long as that does not
inhibit the dissemination of the research results to the scientific
community.
(57 FR 34882, Aug. 7, 1992)
48 CFR 2527.7002 Subpart 2527.71 -- Data Rights -- (Reserved)
48 CFR 2527.7002 PART 2532 -- CONTRACT FINANCING
48 CFR 2527.7002 Subpart 2532.4 -- Advance Payments
Sec.
2532.401 Statutory authority.
2532.403 Applicability.
Authority: 42 U.S.C. 1870(d).
Source: 49 FR 46745, Nov. 28, 1984, unless otherwise noted.
48 CFR 2527.7002 Subpart 2532.4 -- Advance Payments
48 CFR 2532.401 Statutory authority.
The NSF Act (42 U.S.C. 1870(d)) provides that advance, progress, or
other payments which relate to scientific activities or scientific
information may be made without regard to the provisions of section 3548
Revised Statutes (31 U.S.C. 529).
48 CFR 2532.403 Applicability.
Advance payments may be made in any amount not exceeding the contract
price, provided (a) the amount of the advance payment is based upon an
analysis of the financing required by the contractor for the contract
and does not exceed reasonable financial requirements between payments,
and (b) such advance payment is appropriate in order to contract for the
required work.
48 CFR 2532.403 48 CFR Ch. 28 (10-1-92 Edition)
48 CFR 2532.403 National Science Foundation Acquisition Regulation
48 CFR 2532.403 CHAPTER 28 -- DEPARTMENT OF JUSTICE
48 CFR 2532.403 (Parts 2800 to 2899)
48 CFR 2532.403 SUBCHAPTER A -- GENERAL
Part
Page
2801 Department of Justice Acquisition Regulations System
2802 Definitions of words and terms
2803 Improper business practices and personal conflicts of interest
2804 Administrative matters
48 CFR 2532.403
48 CFR 2532.403 SUBCHAPTER B -- COMPETITION AND ACQUISITION PLANNING
2805 Publicizing contract actions
2806 Competition requirements
2807 Acquisition planning
2808 Required sources of supplies and services
2809 Contractor qualifications
2810 Specifications, standards, and other purchase descriptions
2812 Contract delivery or performance
48 CFR 2532.403
48 CFR 2532.403 SUBCHAPTER C -- CONTRACTING METHODS AND CONTRACT TYPES
2813 Small purchase and other simplified purchase procedures
2814 Sealed bidding
2815 Contracting by negotiation
2816 Types of contracts
2817 Special contracting methods
48 CFR 2532.403
48 CFR 2532.403 SUBCHAPTER D -- SOCIOECONOMIC PROGRAMS
2819 Small and disadvantaged business concerns
2822 Application of labor laws to Government acquisitions
2824 Protection of privacy and freedom of information
2825 Foreign acquisitions
48 CFR 2532.403
48 CFR 2532.403 SUBCHAPTER E -- GENERAL CONTRACTING REQUIREMENTS
2828 Bonds and insurance
2829 Taxes
2830 Cost accounting standards
2831 Contract cost principles and procedures
2832 Contract financing
2833 Disputes and appeals
2834 Major system acquisition
48 CFR 2532.403
48 CFR 2532.403 SUBCHAPTER F -- SPECIAL CATEGORIES OF CONTRACTING
2835 Research and development contracting
48 CFR 2532.403
48 CFR 2532.403 SUBCHAPTER G -- CONTRACT MANAGEMENT
2845 Government property
48 CFR 2532.403
48 CFR 2532.403 SUBCHAPTER H -- CLAUSES AND FORMS
2852 Solicitation provisions and contract clauses
48 CFR 2532.403
48 CFR 2532.403 SUBCHAPTER I -- SPECIAL AGENCY REGULATIONS
2870 Acquisition of leasehold interests in real property
48 CFR 2532.403
48 CFR 2532.403 48 CFR Ch. 28 (10-1-92 Edition)
48 CFR 2532.403 Department of Justice
48 CFR 2532.403 SUBCHAPTER A -- GENERAL
48 CFR 2532.403 PART 2801 -- DEPARTMENT OF JUSTICE ACQUISITION
REGULATIONS SYSTEM
Sec.
2801.000 Scope of part.
48 CFR 2532.403 Subpart 2801.1 -- Purpose, Authority, Issuance
2801.101 Purpose.
48 CFR 2532.403 Subpart 2801.2 -- Administration
2801.270 Amendment of regulation.
2801.270-1 Revisions.
2801.270-2 Policy Directives.
2801.270-3 Effective date.
2801.270-4 Numbering.
48 CFR 2532.403 Subpart 2801.3 -- Agency Acquisition Regulations
2801.301 Policy.
2801.303 Codification and public participation.
2801.304 Agency control and compliance procedures.
48 CFR 2532.403 Subpart 2801.4 -- Deviations From the Federal
Acquisition Regulations and the Justice Acquisition Regulations
2801.403 Individual deviations.
2801.404 Class deviations.
2801.470 Requests for deviations.
48 CFR 2532.403 Subpart 2801.6 -- Contracting Authority and
Responsibilities
2801.601 General.
2801.601-70 Modifications of contracting officer's delegation.
2801.602-3 Ratification of unauthorized commitments.
2801.602-70 Office of the Procurement Executive.
2801.603 Selection, appointment and termination.
48 CFR 2532.403 Subpart 2801.70 -- Contracting Officer's Technical
Representative
2801.7001-701 General.
2801.7001-702 Selection, appointment, limitation of authority.
2801.7001-703 Performance standards.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and
0.76(j).
Source: 50 FR 4450, Jan. 30, 1985, unless otherwise noted.
48 CFR 2801.000 Scope of part.
This part sets forth the basic policies and general information
concerning the Department of Justice Acquisition Regulations (JAR).
48 CFR 2801.000 Subpart 2801.1 -- Purpose, Authority, Issuance
48 CFR 2801.101 Purpose.
The JAR is established to provide procurement regulations that
supplement the Federal Acquisition Regulation (FAR) (48 Code of Federal
Regulations (CFR), chapter 1). As such, the regulations contained in
the JAR will include coverage of only those areas where agency
implementation is required by the FAR, or where Department of Justice
policies and procedures exist that supplement FAR coverage and directly
affect the contractual relationship between the Department and potential
or existing contractors. The JAR will not repeat or supplement FAR
coverage where considered unnecessary. The JAR is not a complete system
of regulations and must be used in conjunction with the FAR.
48 CFR 2801.101 Subpart 2801.2 -- Administration
Source: 57 FR 24555, June 10, 1992, unless otherwise noted.
48 CFR 2801.270 Amendment of regulation.
This Regulation will be amended from time to time to set forth
improved procedures which reduce contract preparation time, simplify and
standardize contract forms, improve the contracting process and reflect
changes in statutes, Executive Orders, the FAR and other policies.
Acquisition personnel are encouraged to submit suggestions, based on
operating experience, for improving and simplifying the procedures set
forth in this Regulation. Such suggestions should be submitted through
the Bureau Chief of Procurement to the Office of the Procurement
Executive.
48 CFR 2801.270-1 Revisions.
This Regulation will be amended by issuance of Justice Acquisition
Circulars (JACs) containing loose-leaf replacement pages which revise
parts, subparts, paragraphs or subparagraphs. A vertical bar (edit bar)
at the beginning or end of a line indicates that a change has been made
within that line.
48 CFR 2801.270-2 Policy Directives.
(a) Policy Directives will be used to supplement this regulation when
it is necessary or advisable to promulgate specific information or
procedures as rapidly as possible.
(b) Unless otherwise indicated, each item in a Policy Directive will
remain in effect until the effective date of that subsequent Justice
Acquisition Circular revision, which incorporates the item into the JAR,
or until specifically cancelled.
48 CFR 2801.270-3 Effective date.
(a) Statements in Justice Acquisition Circulars and Policy Directives
to the effect that the material published therein is ''effective upon
receipt,'' or upon a specified date, or that changes set forth in the
Circulars or Directives are ''to be used upon receipt,'' mean that any
new or revised clauses or forms included in the Circulars or Directives
shall be included in invitations for bids and requests for proposals
issued thereafter.
(b) Procurements initiated after receipt of new or revised clauses
should include such clauses.
(c) Unless otherwise stated, invitations for bids which have been
issued and bilateral agreements, upon which negotiations have been
completed prior to the receipt of new or revised contract clauses, need
not be amended to include the new or revised clauses, if such amendment
would unduly delay the procurement action.
48 CFR 2801.270-4 Numbering.
Justice Acquisition Circulars and Policy Directives are consecutively
numbered, beginning with number 1, prefixed by the last two digits of
the calendar year of issuance.
48 CFR 2801.270-4 Subpart 2801.3 -- Agency Acquisition Regulations
48 CFR 2801.301 Policy.
(a) In accordance with FAR 1.301(b) and paragraph (c) of this
section, the Department may issue acquisition regulations that
supplement or implement the FAR.
(b) Subject to the authority in paragraph (c) of this section, the
Department may also issue internal policies and procedures for the
efficient administration of its procurement programs and to meet the
specific needs of the agency.
(c) Regulations and internal policies and procedures under the JAR
are issued in accordance with the lawful authority vested in the
Attorney General. Authority to issue department wide acquisition
regulations has been delegated by Attorney General Order 1085-85 to the
Office of the Procurement Executive, subject to the review of the
Assistant Attorney General of Administration (AAG/A).
(d) The JAR consists of: (1) Department wide regulations which
supplement or implement the FAR and which directly affect the
contractual relationship between the Department's existing or potential
contractors;
(2) Published and codified bureau regulations which supplement and
implement the FAR and directly affect the contractual relationship;
(3) Published internally but not codified department wide policies
and procedures which provide administrative guidance in the acquisition
process in accordance with FAR 1.301(b); and
(4) Published internally but not codified bureau internal policies
and procedures which provide administrative guidance in the acquisition
process in accordance with FAR 1.301(b).
(50 FR 4450, Jan. 30, 1985, as amended at 50 FR 29798, July 22, 1985;
53 FR 49665, Dec. 9, 1988)
48 CFR 2801.303 Codification and public participation.
(a) Implementing and supplemental regulations issued under the JAR
are codified under chapter 28 of title 48 of the CFR and conform to the
numbering system specified in FAR 1.303.
(b) Department wide regulations (see 2801.301(d)(1)) for which there
is a FAR counterpart or assigned part, subpart, section, or subsection
numbers 2801 through 2869. Department wide material for which there is
no FAR counterpart shall be codified using part, subpart, section, or
subsection numbers 70 through 79. For example, the Department of
Justice (DOJ) assigned chapter number in title 48 is 28, part 2870,
subpart 2801.70, section 2801.370, or subsection 2801.370-70.
(c) Bureauwide regulations (see 2801.301(d)(2)) are assigned parts
2880 through 2899 under 48 CFR as follows:
2880 -- 2881 Justice Management Division
2882 -- 2883 Drug Enforcement Administration
2884 -- 2885 Federal Bureau of Investigation
2886 -- 2887 Federal Prison Industries
2888 -- 2889 Office of Justice Programs
2890 -- 2891 U.S. Marshals Service
2892 -- 2893 Immigration and Naturalization Service
2894 -- 2895 Bureau of Prisons
2896 -- 2899 (Reserved)
(d) Public participation in the development of the JAR, including
subsequent significant amendments or revision, shall be provided by a
notice in the Federal Register. Normally, at least 60 days will be
provided for comments. In the event of urgency, regulations may be
published in final form without an initial comment period. Such
instances will be fully justified in the Federal Register notice and
give invitation and consideration to comments received after publication
within the time period specified in the notice.
48 CFR 2801.304 Agency control and compliance procedures.
(a) The AAG/A shall review and approve all department wide and
bureauwide acquisition regulations prior to publication in the Federal
Register to insure compliance with departmental policy and consistency
with the FAR.
(b) The Office of the Procurement Executive shall review and approve
in writing all bureau unpublished internal acquisition policies and
procedures prior to their implementation. A record of the approved
bureau policies and procedures will be maintained by the Office of the
Procurement Executive.
(50 FR 4450, Jan. 30, 1985, as amended at 50 FR 29798, July 22, 1985)
48 CFR 2801.304 Subpart 2801.4 -- Deviations From the Federal Acquisition Regulations and the Justice Acquisition Regulations
48 CFR 2801.403 Individual deviations.
(a) Individual deviations from the FAR affecting only one contract
action shall be approved in advance by the Office of the Procurement
Executive. Individual deviations from the JAR where the regulation or
policy has department wide effect (see 2801.303(b)) shall also be
approved in advance by the Office of the Procurement Executive.
(b) Individual deviations from bureau wide regulations codified in
the JAR shall be approved by the bureau head or person designated by the
bureau head. Such delegation shall not be lower than the chief of the
contracting office (see definition under subpart 2802.1).
(c) A copy of the approved deviation together with the justification
shall be included in the contract file. In addition, approved
deviations from the FAR shall be submitted by the approving official,
together with the justification, to the FAR Secretariat in accordance
with FAR 1.403.
(50 FR 4450, Jan. 30, 1985, as amended at 50 FR 29798, July 22, 1985)
48 CFR 2801.404 Class deviations.
Requests for class deviations from the FAR or the JAR shall be
submitted to the Procurement Executive. The Procurement Executive will
consult with the chairperson of the Civilian Agency Acquisition Council,
as appropriate, and send his recommendations to the Assistant Attorney
General for Administration. The Assistant Attorney General for
Administration will grant or deny requests for such deviations. For the
purposes of this regulation, requests for deviations involving basic
ordering agreements, master type contracts or situations where multiple
awards are made on one solicitation are considered to involve more than
one contract and are therefore considered to be class deviation
requests.
(54 FR 40877, Oct. 4, 1989)
48 CFR 2801.470 Requests for deviations.
Requests for approval of any deviation from the FAR or JAR shall be
forwarded to the Procurement Executive. Such requests will be signed by
the Chief of the contracting office. Requests for deviations shall be
submitted as far in advance as the exigencies of the situation permit
and shall contain the following information as a minimum:
(a) Identification of the FAR or JAR requirement from which a
deviation is sought;
(b) A full description of the deviation and the circumstances under
which it will be used including background information which will
contribute to a fuller understanding of the deviation sought;
(c) A description of the intended effect of the deviation together
with the number of procurement actions affected by the deviation, if
approved;
(d) A statement as to whether the deviation has been requested
previously, and if so, the circumstances of the previous request;
(e) The name of the contractor(s) and identification of the
contract(s) affected including the dollar value;
(f) A copy of all pertinent documents including forms or clauses and
the proposed contractor's request if any;
(g) A statement of the period of time for which the deviation is
needed (when it is known that a deviation will be required on a
permanent basis the chief of the contracting office shall forward with
the request an appropriate FAR revision which will cover the matter);
(h) A copy of the alternate procedures the bureau intends to use if
the deviation is approved; and,
(i) A copy of the bureau legal counsel's concurrence or comments
thereon.
(54 FR 40877, Oct. 4, 1989)
48 CFR 2801.470 Subpart 2801.6 -- Contracting Authority and Responsibilities
48 CFR 2801.601 General.
(a) In accordance with Attorney General Order 1085-85, the authority
vested in the Attorney General with respect to contractual actions is
delegated to the following officials:
(1) Assistant Attorney General for Administration (for the offices,
boards, and divisions (OBDs));
(2) Director, Federal Bureau of Investigation;
(3) Director, Bureau of Prisons;
(4) Commissioner, Federal Prison Industries;
(5) Commissioner, Immigration and Naturalization Service;
(6) Administrator, Drug Enforcement Administration;
(7) Assistant Attorney General, Office of Justice Programs; and
(8) Director, U.S. Marshals Service.
(b) The contracting officer authority delegated to the officials in
2801.601(a) may be redelegated to subordinate officials as necessary for
the efficient and proper administration of the Department's procurement
operations. Such redelegated authority shall expressly state whether it
carries the power of redelegation and the limits, if any, of the
redelegation authority (see 2801.601(d) for the mandatory elements to be
included in a procurement authority redelegation memorandum).
Redelegations of procurement authority existing prior to the effective
date of this amendment are not voided by this amendment, however, an
individual having an existing redelegation of procurement authority
shall not have the power of redelegation unless the existing
redelegation expressly grants this authority or is reissued in
accordance with this paragraph.
(c)(1) Contracting Officer authority to other than those positions
expressly identified in paragraphs (a)(1) through (a)(8) of this section
shall be redelegated only to subordinate individuals who:
(i) Are employed in the 1100 personnel classification series and have
been determined eligible for a delegation of authority in accordance
with the standards in subpart 2801.603; or,
(ii) Must function as contracting officers in the performance of
their duties; except that
(iii) Authority to make small purchases may be redelegated to
subordinate individuals not classified in the 1100 series provided:
(A) That the office(s) they serve would otherwise be without supply
support for their immediate needs or the individuals are being
authorized to place task orders or similar instruments against
established DOJ or other agency contracts; and
(B) The individuals have been adequately instructed in the
regulations concerning small purchases.
(2) The redelegation of contracting authority directly to specific
persons without regard for intermediate organizational levels only
establishes authority to represent the government in its commercial
business dealings. It is not intended to affect the organizational
relationship between the contracting officers and higher administrative
and supervisory levels in the performance of their duties.
(d) Redelegations to other than those positions expressly identified
in 2801.601(a) shall be made only to individuals. Redelegations shall
be in writing and shall contain the following mandatory elements:
(i) The dollar limit, if any, of the redelegation.
(ii) If the redelegation of authority carries the power of
redelegation and the limits of the redelegation authority.
(iii) Any limitations on the type of purchases, i.e. open market, GSA
schedules, etc.
(e) When exercising redelegated contracting officer authority a
designated employee shall be identified as the contracting officer and
shall function within the limits prescribed by law, the FAR, the JAR,
and their redelegation of contracting authority.
(f) A contracting officer shall maintain evidence of his/her
redelegation and scope of authority and while functioning as a
contracting officer shall make such evidence available upon request.
(g) A copy of all redelegations of procurement authority, along with
documentation showing the candidate's experience and training in the
procurement field, shall be submitted to the Office of the Procurement
Executive. The Procurement Executive may make recommendations to
improve or enhance the candidate's qualifications if such action is
appropriate.
(51 FR 758, Jan. 8, 1986, as amended at 52 FR 32796, Aug. 31, 1987)
48 CFR 2801.601-70 Modifications of contracting officer's delegation.
Delegation documents shall not be modified. To effect modification
the current delegation shall be revoked and a new delegation issued.
48 CFR 2801.602-3 Ratification of unauthorized commitments.
The HCA may delegate to subordinate individuals approval of
ratification requests of $5,000 and below; however, in no case shall
the authority be delegated below the level of chief of the contracting
office.
(53 FR 49665, Dec. 9, 1988)
48 CFR 2801.602-70 Office of the Procurement Executive.
(a) Prior to execution of any contractual action which:
(1) Exceeds $50,000 and was solicited using other than full and open
competition procedures, including amendments or modifications to these
contracts which cause the total contract costs to exceed $50,000;
(2) Exceeds $100,000 and was solicited using full and open
competition procedures, including amendments or modifications to these
contracts which cause total contract costs to exceed $100,000; or,
(3) All contracts evaluated on the basis of system life costs and/or
are evaluated on the basis of option pricing regardless of dollar value,
the contracting officer shall forward the proposed contract action to
the Office of the Procurement Executive for review. For the purposes of
this section contractual actions include all pre-award and post-award
contractual actions above the thresholds in paragraphs (a)(1) through
(3) of this section, including but not limited to modifications,
ratifications, and options but excluding orders from Federal Supply
Schedules and orders from Basic Ordering Agreements. Review by the
Office of the Procurement Executive is applicable to all organization
elements in the Department with the exception of the FBI. It is the
responsibility of the FBI's Contract Review Board to ensure that
procurement actions are awarded in conformity with applicable statutes,
regulations, and procedures. This exemption does not exempt the FBI
from other oversight responsibilites of the Office of the Procurement
Executive, including Procurement Executive review and approval of
justifications for other than full and open competition on contracts
over $10 million.
(b) Prior to submission to the Procurement Executive, the legal
office for each bureau-level procurement activity is responsible for
reviewing and approving all such procurement actions for legal
sufficiency.
(c) The AAG/A and/or the Procurement Executive may waive any
requirement for preaward contract review, except one specifically
required by statute. Requests for waivers shall be submitted to the
Procurement Executive in accordance with paragraph (d) of this section.
(d) Except for extreme emergencies, waiver requests must be in
writing and include a detailed explanation as to why a waiver is
required as well as information explaining reasons why a contract or
class of contracts cannot be reviewed on a preaward basis. Telephone
waivers may be granted in extreme emergencies. All contract documents
that are available at the time a waiver request is made must accompany
the request for review. All available documents will be reviewed to
assure that the award is legally sufficient prior to the granting of a
waiver. A postaward review of the completed contract file is required.
Waivers will not be granted near the end of a fiscal year for the
purpose of obligating year end funds.
(e) There is established, in accordance with Attorney General Order
1085-85, a Contract Appeals Panel to permit the head of a bureau-level
procurement activity to appeal a decision of the Procurement Executive.
This panel shall be composed of the Deputy Attorney General (who shall
serve as Chairperson), the Associate Attorney General, and the Assistant
Attorney General for Administration. The panel shall meet on an ad hoc
basis as necessary and determined by the Chairperson. The head of a
contracting activity, as defined in 2802.102(c), when appealing a
decision of the Procurement Executive shall follow the procedures
described in paragraphs (e)(1) through (4) of this section.
(1) The appeal file shall be submitted through the Office of the
Procurement Executive (OPE) to the Deputy Attorney General as
Chairperson of the Contract Appeals Panel. Submission of the appeal
through the OPE is required so that the Procurement Executive may
provide a written response to the issues raised in the appeal and, due
to the ad hoc nature of the Contract Appeals Panel, provide a location
for the collection and maintenance of appeal documents and files. The
Procurement Executive shall forward the appeal file to the Chairperson
within five working days of receipt.
(2) Content of the Appeal File. The appeal file must be complete in
that it fully addresses the issue(s) being appealed. The file shall
include a copy of the proposed contract or other award action, documents
relied upon by the contracting officer in taking the action under
dispute, the Procurement Executive's decision and a statement of facts
setting forth the basis on which the appeal is made. The statement of
facts shall cite, where applicable, procurement regulations, statutes,
or decisions by other authorities, such as GAO decisions, that support
or form the basis of the appeal. A summary shall be provided stating
the resolution requested by the procurement activity. An original and
three copies of the appeal file shall be submitted.
(3) The head of the contracting activity shall also submit to the
OPE, with the appeal file, the original contract file as submitted to
the OPE for review.
(4) The Contract Appeals Panel, following review and consideration of
the appeal shall issue its decision in writing to the head of the
contracting activity through the Office of the Procurement Executive and
return with the decision all documents submitted by the contracting
activity.
(f) The Office of the Procurement Executive is authorized to
postaudit any procurement transaction throughout the Department and
direct that corrective actions be taken wherever deemed necessary, and
to inspect at any time the procurement operations of the Justice
Management Division, Federal Bureau of Investigation, Bureau of Prisons,
Federal Prison Industries, Inc., Immigration and Naturalization Service,
Drug Enforcement Administration, Office of Justice Programs, the
National Institute of Corrections, United States Marshals Service and
other organizational elements exercising delegated procurement
authority.
(50 FR 29798, July 22, 1985, as amended at 51 FR 759, Jan. 8, 1986;
52 FR 34390, Sept. 11, 1987; 53 FR 49665, Dec. 9, 1988)
48 CFR 2801.603 Selection, appointment and termination.
(a) Contracting officer standards. This subpart set forth policies
and procedures for establishing standards for contracting officers in
DOJ. The program sets forth minimum requirements for procurement
related training and experience to be eligible for a delegation of
authority as a contracting officer. The purpose of this program is to
assure that DOJ procurement activities appoint qualified individuals as
contracting officers.
(b) Applicability. (1) The eligibility requirements of this subpart
apply to all personnel in the GS or GM 1102 series, or to other
personnel, who award contracts in excess of $25,000. It is not
applicable to management officials of the Department and its components
who have contracting officer authority by virture of their
organizational placement at a level above the Chief of the Contracting
activity as defined in JAR 2802.102(f) or to the following:
(i) Individuals authorized to award procurement actions equal to or
less than the small purchase threshold established in FAR part 13.
(ii) Individuals authorized to place orders under Federal Supply
Schedule Contracts or other agency (including DOJ) established source
contracts; or
(iii) Personnel authorized to conduct or issue imprest fund
transactions, training authorizations, travel documents, printing and
duplicating services, placement of newspaper advertisements, or
procurement of similar services.
(2) Other limitations on applicability. A determination by a Bureau
official having the authority to redelegate procurement authority that
an individual meets the prescribed standards as stated herein does not
affect established Office of Personnel Management and DOJ qualifications
for hiring, promotion or other personnel actions. There is no direct
relationship between a determination that a candidate meets the
standards and an individual's grade level or eligibility for promotion.
Bureaus, however, may establish relationships between grade level,
experience, and training and the dollar amount or other limitations when
issuing delegations of authority. Any established relationship,
however, may not be inconsistent with, or lower than the qualification
requirements of this section.
(c) Delegation of contracting authority requirements. To be
determined eligible for a delegation of authority as a DOJ contracting
officer the candidate must meet the following minimum standards:
(1) Level I Purchasing agent -- Signature authority to award
contracts not exceeding the small purchase threshold as set forth in FAR
part 13. A determination of eligibility in accordance with
Department-wide standards is not required for level I appointments (see
other exceptions at 2801.601(c)). Bureaus shall establish standards for
Level I appointments in accordance with their needs and policies.
(2) Level II Contracting Officer -- Signature authority to award
contracts not exceeding $100,000.
(i) Two years of procurement experience as a contract specialist,
contract administrator or purchasing agent that demonstrated the ability
to perform as a contracting officer at Level II.
(ii) Completion of 120 hours of procurement training from the subject
areas listed in 2801.603(f).
(3) Level III Contracting Officer -- Signature authority to award
contracts not exceeding $500,000.
(i) Three years combination of procurement experience as a contract
specialist or contract administrator, including six months as a
contracting officer equivalent to Level II responsibilities, that
demonstrated the ability to perform as a contracting officer at Level
III.
(ii) Completion of an additional 80 hours of training (cumulative
total of 200 hours) from the subject areas listed in 2801.603(f).
(4) Level IV Contracting Officer -- Signature authority to award
contracts exceeding $500,000.
(i) Four years combination of procurement experience as a contract
specialist or contract administrator including one year of experience as
a contracting officer equivalent to the Level III responsibilities that
demonstrated the ability to perform at Level IV.
(ii) Completion of an additional 80 hours of training (cumulative
total of 280 hours) from the subject areas listed in 2801.603(f).
(d) Delegation of leasing authority requirements. To be determined
eligible for a delegation of authority as a DOJ contracting officer with
the authority to enter into acquisitions of leasehold interests in real
property the candidate must, in addition to the training requirements
for contracting officers cited in 2801.603, meet the following minimum
standards:
(1) Level I Purchasing Agent -- Signatory authority to enter into
lease agreements not exceeding the small purchase threshold as set forth
in FAR part 13.
(i) One year of procurement experience as a contract specialist,
contract administrator or purchasing agent that demonstrated the ability
to perform at this level I.
(ii) Completion of 160 hours of training from the subject areas
listed in 2801.603(f)(3).
(2) Level II Contracting Officer -- Signatory authority to enter into
lease agreements not exceeding $100,000.
(i) Two years combination of procurement experience as a contract
specialist, contract administrator or purchasing agent that demonstrated
the ability to perform as a contracting officer at Level II.
(ii) Completion of 160 hours of training from the subject areas
listed in 2801.603(f)(3).
(3) Level III Contracting Officer -- Signature authority to enter
into lease agreements not exceeding $500,000.
(i) Three years combination of procurement experience as a contract
specialist or contract administrator, including six months as a
contracting officer equivalent to Level II responsibilities, that
demonstrated the ability to perform as a contracting officer at Level
III.
(ii) Completion of 160 hours from the subject areas listed in
2801.603(f)(3).
(4) Level IV Contracting Officer -- Signature authority to enter into
lease agreements exceeding $500,000.
(i) Four years combination of procurement experience as a contracting
officer or contract administrator including one year of experience as a
contracting officer equivalent to Level III responsibilities that
demonstrated the ability to perform at Level IV.
(ii) Completion of 160 hours from the subject areas listed in
2801.603(f)(3)
(e) Equivalencies. (1) Completion of an undergraduate degree
(baccalaureate) from an institution of higher education regardless of
the major field of study may be substituted for one year of procurement
experience.
(2) Completion of an undergraduate degree (baccalaureate) from an
institution of higher education with a major in business, economics,
accounting or procurement may be substituted for two years of
procurement experience and 40 hours of classroom training.
(3) Completion of a graduate degree from an institution of higher
education regardless of major field of study may be substituted for two
years of procurement experience.
(4) Completion of a graduate degree from an institution of higher
education with a major in business, economics, accounting, or
procurement may be substituted for two years of procurement experience
and 120 hours of classroom training.
(5) Completion of a Juris Doctor (J.D.) degree from an American Bar
Association accredited law school may be substituted for three years of
procurement experience and 180 hours of training. If the J.D. degree is
combined with state bar membership in any state or U.S. territory an
additional six months experience and 20 hours of training will be
credited.
(6) Passing of an examination or certification by a nationally
recognized professional contract or procurement organization and which
has been approved by the Procurement Executive may be substituted for
experience requirements and prescribed training courses.
(f) Training subject areas. (1) It is understood that the following
are meant to be general subject areas, not course titles. The Bureau in
determining the acceptability of a particular course will make a
determination based on what is generally understood in the procurement
field to be procurement or procurement related training. Training may
be accomplished in-house or obtained from outside sources. (Does not
apply to realty leasing and sales personnel.)
(i) Basic Procurement;
(ii) Sealed Bids;
(iii) Negotiated Procurements;
(iv) Cost and Price Analysis (recommended 40 hrs);
(v) Contact Law;
(vi) Negotiation Techniques (recommended 40 hrs);
(vii) Contract Administration (recommended 40 hrs);
(viii) ADP Procurement;
(ix) A & E Contracting;
(x) Construction Contracting;
(xi) Small Purchase/Federal Supply Schedules;
(xii) Contract Termination and Negotiation Settlements
(2) In addition the candidate should have taken or scheduled to take
at least 40 hours classroom training in a specialized area applicable to
his or her assigned workload. For example, a candidate for
certification who primarily works with ADP or construction contracting
would be expected to have training in those areas as part of the minimum
hours.
(3) It is understood that the following are meant to be general
subject areas, which pertain to the authority to enter into acquisitions
of leasehold interests in real property, not course titles. The bureau,
in determining the acceptability of a particular course, will make a
determination based on what is generally understood in the leasing field
to be lease or lease related training. Training may be accomplished
in-house or obtained from outside sources.
(i) Federal Real Property Leasing or Basic Lease Contracting
(recommended 40 hours)
(ii) Real Estate Law or Federal Real Property Lease Law (recommended
40 hrs)
(iii) Pricing of Lease Proposal (Recommended 40 hrs)
(iv) Real Estate Appraisal Capitalization Theory and Techniques, Part
A (AIREA or equivalent course recommended 40 hrs)
(v) Techniques of Negotiating Federal Real Property Leases
(recommended 40 hrs)
The Cost and Price Analysis and Negotiation Techniques courses listed
in (f)(1) may be substituted for the required Pricing of Lease Proposal
and Techniques of Negotiating Federal Real Property Leases courses
listed above.
(g) Eligibility applications/delegation of procurement authority.
Bureau officials authorized to redelegate procurement authority shall
make a written determination that the individual meets the standards set
forth in this subpart prior to granting the redelegation of authority.
Eligibility determinations shall be based on documentation provided by
the candidate. Applications shall include at a minimum a completed and
signed SF 171 or equivalent that demonstrates training, experience, and
education and a copy of the applicant's existing delegation of
authority, if applicable, and the proposed delegation of authority.
Applicants shall be responsible for submitting adequate documentation
concerning education, training, and experience to enable the Bureau
official to make a determination regarding the candidates' eligibility
for a delegation of authority. Once approved, a copy of the
redelegation and supporting documents shall be sent to the Office of the
Procurement Executive for review (See JAR 2801.601(g)).
(h) Waivers. It is recognized that implementation of a standards
program may cause, particularly in its initial implementation,
significant problems. Circumstances may exist beyond the individual's
control that prevent a candidate from achieving training goals or
agencies established staffing practices, particularly in field
installations, may conflict, and not be subject to immediate practical
resolution. To address these situations a waiver may be granted on an
individual basis in accordance with the following procedures:
(1) Waivers may only be granted by the Procurement Executive.
(2) The request for a waiver must be in writing and contain a
complete justification for the action requested. In addition, a plan
must be submitted with the request setting forth a schedule of training
if the lack of classroom training is the deficiency factor.
(3) Waiver requests shall be submitted by the individual authorized
to grant the delegation of procurement authority.
(4) Waiver requests should be viewed as exceptional and only be made
where no other practical solution can be found. In addition to the
above requirements, a waiver request must demonstrate that the
individual on whose behalf the request is made is, except for the
specific deficiencies under the standards, qualified to perform as a
contracting officer at the level requested.
(52 FR 32797, Aug. 31, 1987, as amended at 53 FR 49665, Dec. 9, 1988;
56 FR 26340, June 7, 1991; 57 FR 24555, June 10, 1992)
48 CFR 2801.603 Subpart 2801.70 -- Contracting Officer's Technical
Representative
Source: 56 FR 37860, Aug. 9, 1991, unless otherwise noted.
48 CFR 2801.7001-701 General.
Contracting officers may appoint individuals selected by program
offices to act as authorized representatives in the monitoring and
administration of a contract. Such officials shall be designated as
Contracting Officers' Technical Representatives (COTR's).
48 CFR 2801.7001-702 Selection, appointment, limitation of authority.
(a) COTR Standards Program. This subpart sets forth policies and
procedures for establishing standards for COTR's in DOJ. The program
sets forth minimum standards for individuals to be eligible for an
appointment as a COTR.
(b) Applicability. The eligibility requirements of this subpart
apply to all individuals who are designated by the contracting officer
as COTR's.
(c) Eligibility standards. To be determined eligible for an
appointment as a DOJ COTR, the following standards must be met:
(1) The candidate must attend and successfully complete a minimum of
a 16-hour basic COTR course;
(2) The candidate must attend a minimum of 3 hours training
specifically in procurement ethics, either through courses offered
periodically by the Department, the bureaus, or a commercial vendor;
and
(3) The candidate must sign the certification for procurement
officials required by the recent Procurement Integrity Act.
(d) Certification and appointment. (1) In accordance with bureau
procedures, the individual must provide the contracting activity with
evidence of completion of the COTR course, procurement ethics training,
and with the certification required by the Procurement Integrity Act.
Upon determination that the required standards have been met, the Bureau
Procurement Chief will issue a one-time Certificate of COTR Appointment,
Form DOJ-539, to the individual. All contracting activities shall
develop and maintain a listing of individuals who have met the Program
standards and have been issued a Certificate of COTR Appointment.
(2) Once the COTR standards have been met and a Certificate of
Appointment has been issued, an individual may be designated and
appointed by a contracting officer to serve as a COTR for a particular
contract. The individual shall be designated in the contract schedule
as the COTR and shall be notified in writing by the contracting officer
of the scope and limitations of the COTR's authority as it pertains to
the particular contract the individual will administer.
(e) Limitations. Each appointment of a COTR made by the contracting
officer shall clearly state that the representative is not an authorized
contracting officer and does not have the authority under any
circumstances to:
(1) Award, agree to award, or execute any contract, contract
modification, notice of intent, or other form of binding agreement;
(2) Obligate, in any manner, the payment of money by the Government;
(3) Make a final decision on any contract matter which is subject to
the clause at FAR 52.233-1, Disputes; or,
(4) Terminate, suspend, or otherwise interfere with the contractor's
right to proceed, or direct any changes in the contractor's performance
that are inconsistent with or materially change the contract
specifications.
(f) Termination. Termination of the COTR's appointment shall be made
in writing by the contracting officer and shall give the effective date
of the termination. The contracting officer shall promptly modify the
contract once a COTR termination notice has been issued. A termination
notice is not required when the COTR's appointment terminates upon
expiration of the contract.
(g) Implementation schedule and waivers. Effective one year from the
incorporation of this Standards Program into the JAR, no individual may
serve as a COTR on any contract without the requisite training and
signed COTR certificate for the file. In the rare event there is an
urgent requirement for a specific individual to serve as a COTR and the
individual has not successfully completed the required training, the
Procurement Executive may waive the training requirements and authorize
the individual to perform the COTR duties, for a period of time not to
exceed 120 days. The waiver may be granted in accordance with the
following procedures:
(1) The request for a waiver must be submitted in writing by the
Bureau Procurement Chief and contain a full description of the
circumstances and rationale for the request;
(2) The individual must review and discuss with the cognizant
contracting officer the OPE published ''Procurement Information Guide
for Contracting Officers' Technical Representatives (COTR).'' When
practicable, these discussions should be held face-to-face; and
(3) The individual agrees to attend the next scheduled COTR training
course.
48 CFR 2801.7001-703 Performance standards.
Supervisors of COTR's are encouraged to include successful contract
administration in performance standards for individuals with contract
administration responsibility.
48 CFR 2801.7001-703 PART 2802 -- DEFINITIONS OF WORDS AND TERMS
Sec.
2802.000 Scope of part.
48 CFR 2801.7001-703 Subpart 2802.1 -- Definitions
2802.102 Definitions.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and
0.76(j).
Source: 50 FR 4452, Jan. 30, 1985, unless otherwise noted.
48 CFR 2802.000 Scope of part.
This part defines words and terms commonly used in this regulation.
Other terms are defined in the part or subpart with which they are
particularly associated.
48 CFR 2802.000 Subpart 2802.1 -- Definitions
48 CFR 2802.102 Definitions.
Throughout this regulation the following words and terms are used as
defined in this subpart unless the context in which they appear clearly
requires a different meaning, or a different definition is prescribed
for a particular part or portion of a part.
(a) Contracting activity means an office, board, division, or bureau
with the Department which has been delegated procurement authority to
manage contracting functions associated with its mission or, as is the
case with the Office of Justice Programs, which must adhere to the
procurement policy of the Attorney General. These are:
(1) Bureau of Prisons;
(2) Drug Enforcement Administration;
(3) Federal Bureau of Investigation;
(4) Federal Prison Industries;
(5) Immigration and Naturalization Service;
(6) Justice Management Division;
(7) Office of Justice Programs;
(8) U.S. Marshals Service.
(b) Head of the agency (also called agency head) means the Attorney
General, Deputy Attorney General, AAG/A, or their authorized
representative, which means any person(s) or board (other than the
contracting officer) authorized to act for the head of the agency.
(c) Head of the contracting activity means those officials identified
in 2801.601(a) having responsibility for supervising, managing, and
directing the operations of the contracting activities.
(d) DOJ means the Department of Justice.
(e) JAR means the Department of Justice Acquisition Regulations.
(f) Chief of the contracting office means that supervisory official
who is directly responsible for supervising, managing, and directing the
contracting operations of the agency or bureau.
(g) OBD means the offices, boards, and divisions within the Justice
Department.
(h) EOUSA means the Executive Office of United States Attorneys.
(i) Bureaus means the procurement components managed by the Justice
Department. (See contracting activity in this subpart.)
(j) JMD means the Justice Management Division.
(k) USAO means United States Attorneys' Offices.
(l) DOJ/PE means Departmental Procurement Executive.
(m) BPE means Bureau Procurement Executive.
48 CFR 2802.102 PART 2803 -- IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST
48 CFR 2802.102 Subpart 2803.1 -- Safeguards
Sec.
2803.101-3 Agency regulations.
2803.104 Procurement integrity.
2803.104-5 Disclosure, protection, and marking of proprietary and
source selection information.
2803.104-9 Certification requirements.
2803.104-11 Processing violations or possible violations.
2803.104-12 Ethics program training requirements.
48 CFR 2802.102 Subpart 2803.2 -- Contractor Gratuities To Government
Personnel
2803.203 Reporting suspected violations of the Gratuities Clause.
2803.203-70 Agency reporting procedures.
48 CFR 2802.102 Subpart 2803.4 -- Contingent Fees
2803.408 Evaluation and review of the SF 119.
48 CFR 2802.102 Subpart 2803.5 -- Other Improper Business Practices
2803.502 Subcontractor kickbacks.
48 CFR 2802.102 Subpart 2803.8 -- Limitation on the Payment of Funds to
Influence Federal Transactions
2803.804 Policy.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and
0.76(j).
Source: 50 FR 4453, Jan. 30, 1985, unless otherwise noted.
48 CFR 2802.102 Subpart 2803.1 -- Safeguards
Source: 57 FR 24556, June 10, 1992, unless otherwise noted.
48 CFR 2803.101-3 Agency regulation.
The DOJ regulations governing Standards of Conduct are contained in
28 CFR part 45. Agency authorized exceptions to FAR 3.101-2 are
contained in 28 CFR 45.735-14.
2803.104 Procurement integrity.
48 CFR 2803.104-5 Disclosure, protection, and marking of proprietary and
source selection information.
(a) The head of the agency, or his or her designee, or the
contracting officer are permitted by FAR 3.104-5(d) to authorize
persons, or classes of persons, access to proprietary or source
selection information when access is necessary to the conduct of the
procurement. Authorizations to individuals should be made in writing
only after confirmation by the contracting officer that the individual
has completed a certification in accordance with FAR 3.104-12(a)(2).
Authorizations to classes of persons must be made at a level not lower
than the chief of the contracting office.
(b) The head of the office receiving the proprietary or source
selection information, or his or her designee, shall maintain a list of
persons, or classes of persons, who have authorized access to the
information. The list shall be forwarded to the contracting office
responsible for the conduct of the procurement to be included in the
contract file.
48 CFR 2803.104-9 Certification requirements.
(a) Record-keeping requirements. (1) For those contracts over
$100,000, the contracting officer's and the contractor's certifications
shall be filed in the contract file. Also, the list of personnel having
access to source selection information submitted by the program office
head will be filed in the contract folder in accordance with FAR
3.104-5.
(2) Bureaus are required to maintain a central file of all
certifications required by FAR 3.104-12.
(b) Exception to certification requirements. In an exceptional case,
the Attorney General may determine in writing that the certification
requirement should be waived. The contracting officer, with approval of
the Bureau Director, shall submit a request for waiver to the Office of
the Procurement Executive. The request shall clearly identify the
procurement, or class of procurements, and provide a detailed
justification for the requested waiver. The Procurement Executive will
evaluate the request, provide recommendations, and forward the request
to the Attorney General for his determination. The resulting decision
of the Attorney General shall state the reasons for approval or
disapproval of the waiver. The Attorney General shall promptly notify
Congress, in writing, of each waiver approved. The authority to approve
a waiver may not be delegated.
48 CFR 2803.104-11 Processing violations or possible violations.
(a) If any certification received by, or signed by, the contracting
officer contains any information of a violation, or possible violation
of the procurement integrity section of the OFPP Act, the contracting
officer shall determine whether the reported violation, or possible
violation has any impact on the pending award, or selection of the
source thereof. If the contracting officer concludes that there is no
impact, the contracting officer shall report the violation, accompanied
by the appropriate documentation supporting that conclusion, to the head
of the procurement office. With the concurrence of the head of the
procurement office, the contracting officer may immediately proceed with
award, and the head of the procurement office shall notify the head of
the bureau, or his or her designee, of a violation, or possible
violation.
(b) The head of the bureau, or his or her designee, receiving a
certification describing an actual, or possible violation of the
procurement integrity provisions of the OFPP Act, shall review all
information available and he or she may make a determination that the
prohibitions of section 27 of the Act have not been violated. This
signed determination will be sent to the contracting officer for
inclusion in the contract file.
(c) If the head of the bureau, or his or her designee, determines
that the prohibitions of section 27 of the Act have been violated,
he/she shall submit the file to the Procurement Executive with an
explanation of his/her intentions to remedy the situation. If the
Procurement Executive concurs in the intended actions, a written
concurrence will be sent to the head of the bureau or designee. The
contracting officer will then be advised, or directed by the head of the
bureau, or designee, as to the action to be taken. The types of actions
that would normally be taken when a violation has occurred that affected
the outcome of a procurement are listed in FAR 3.104-11(d).
(d) If the head of the bureau, or his or her designee, receiving the
certification of a violation, or possible violation, determines that
award is justified by urgent and compelling circumstances, or is
otherwise in the interest of the Government, then he or she may
authorize the contracting officer to award the contract after
notification to the Procurement Executive.
48 CFR 2803.104-12 Ethics program training requirements.
It is the responsibility of the bureaus to provide training for
''procurement officials'' concerning the requirements of FAR 3.104. The
bureau procurement training efforts should be coordinated with the
Department's Ethics Official, who is responsible for developing agency
ethics training plans, to include briefings on ethics and standards of
conduct for all employees who are contracting officers and procurement
officials. The Ethics Official should be contacted directly to schedule
training.
48 CFR 2803.104-12 Subpart 2803.2 -- Contractor Gratuities To Government
Personnel
2803.203 Reporting suspected violations of the Gratuities Clause.
48 CFR 2803.203-70 Agency reporting procedures.
(a) DOJ personnel shall report suspected violations of the Gratuities
clause (FAR 52.203-3) to the contracting officer or chief of the
contracting activity in writing. The report shall clearly state the
circumstances surrounding the incident, including the nature of the
gratuity, the behavior or action the gratuity was to influence, and the
persons involved. The Contracting officer, after review, shall forward
the report along with his or her recommendations regarding the treatment
of the violation in accordance with FAR 3.204(c) to the head of the
contracting activity or his designee.
(b) The head of contracting activity or his designee shall determine
whether adverse action against the contractor in accordance with FAR
3.204(c) should be taken. In reaching a decision, the head of the
contracting activity or designee shall consult with contracting
activities legal advisor or other official in the Department. Prior to
taking any action against the contractor the head of the contracting
activity or designee shall allow the contractor the opportunity to
present opposing arguments in accordance with FAR 3.204.
(c) If the report of the suspected violation alleges that a gratuity
was not only offered but also accepted by a Department employee, a copy
of the report shall be forwarded by the head of the contracting activity
or designee to the DOJ Office of Professional Responsibility (see 28 CFR
0.39).
48 CFR 2803.203-70 Subpart 2803.4 -- Contingent Fees
48 CFR 2803.408 Evaluation and review of the SF 119.
(a) The contracting officer shall review and evaluate the SF 119 and
all related information in accordance with FAR 3.408.
(b) The contracting officer's documentation of the evaluation,
conclusions, and any proposed actions shall be reviewed and approved at
a level above the contracting officer with the concurrence of the
agency's procurement counsel.
48 CFR 2803.408 Subpart 2803.5 -- Other Improper Business Practices
48 CFR 2803.502 Subcontractor kickbacks.
Suspected violations of the Anti-Kickback Act (41 U.S.C. 51-54) shall
be reported by the contracting officer to the contracting activity's
procurement counsel who will then advise the contracting officer of
appropriate action.
48 CFR 2803.502 Subpart 2803.8 -- Limitation on the Payment of Funds to Influence Federal Transactions
48 CFR 2803.804 Policy.
(a) Copies of all contractor disclosures furnished pursuant to the
clause at FAR 52.203-12, Limitation on Payments to Influence Certain
Federal Transactions, and a summary report, containing a compilation of
the information contained in the disclosures received, shall be
forwarded, by the Bureau Procurement Chief, to the Procurement
Executive. Negative reports are required to be submitted if no
disclosures have been received from the contractors.
(b) The disclosures, or negative reports, shall be submitted in
accordance with the following schedule:
(1) For the six month period from October 1 to March 31, reports are
due to the Procurement Executive by April 30.
(2) For the six month period from April 1 to September 30, reports
are due to the Procurement Executive by October 31.
(c) The Procurement Executive shall consolidate the disclosures and
reports and submit the semi-annual report and disclosures to the
Assistant Attorney General for Administration, for subsequent submission
to Congress, on behalf of the Attorney General, by May 31 and November
30 of each year.
(57 FR 24556, June 10, 1992)
48 CFR 2803.804 PART 2804 -- ADMINISTRATIVE MATTERS
Sec.
2804.000 Scope of part.
48 CFR 2803.804 Subpart 2804.4 -- Safeguarding Classified Information
Within Industry
2804.402 General.
2804.403 Responsibilities of contracting officers.
48 CFR 2803.804 Subpart 2804.6 -- Contract Reporting
2804.601 Federal Procurement Data System.
48 CFR 2803.804 Subpart 2804.8 -- Contract Files
2804.800 Scope of subpart.
2804.803-70 Contents of contract files.
48 CFR 2803.804 Subpart 2804.9 -- Information Reporting to the Internal
Revenue Service
2804.900 Scope of subpart.
2804.901 Definitions.
2804.903 Procedures.
2804.903-70 Certification.
2804.970 Special reporting exceptions.
48 CFR 2803.804 Subpart 2804.70 -- Procurement Requisitions
2804.7000 General.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and
0.76(j).
Source: 50 FR 4453, Jan. 30, 1985, unless otherwise noted.
48 CFR 2804.000 Scope of part.
This part prescribes policies and procedures relating to the
administrative aspects of contract security, reporting, and files.
48 CFR 2804.000 Subpart 2804.4 -- Safeguarding Classified Information Within Industry
48 CFR 2804.402 General.
Classified acquisitions or contracts which require access to
classified material, as defined in FAR 4.401, for their performance
shall be subject to the policies, procedures, and instructions contained
in departmental regulations and shall be processed in a manner
consistent with those regulations.
48 CFR 2804.403 Responsibilities of contracting officers.
For proposed solicitations and contracts which may require access to
classified material or where guard services are assigned to safeguard
departmental activities in possession of classified information, the
contracting officer will consult with the COTR and the Director,
Security Staff to determine the appropriate security measures to
safeguard such material and information.
48 CFR 2804.403 Subpart 2804.6 -- Contract Reporting
48 CFR 2804.601 Federal Procurement Data System.
(a) Federal Procurement Data System (FPDS) reports shall be submitted
to the Office of the Procurement Executive within thirty days after the
close of quarters one through three, and within forty-five days of the
close of the fourth quarter in a fiscal year. Specific preparation
procedures are contained in the FPDS Reporting Manual and the Product
and Service Code Manual.
(b) Bureau Procurement Chiefs shall provide to the Procurement
Executive, the name, office, mailing address, and telephone number of
the individual who will provide day-to-day operational contact within
the bureau for the implementation of the FPDS. Changes and updates
shall be forwarded to the Office of the Procurement Executive (OPE)
within 30 days after they occur. It is the responsibility of the bureau
contacts to ensure that all actions are reported and submitted to the
OPE in a timely manner and that all statistics and reports are accurate,
current, and complete. Bureau procurement chiefs shall obtain and
review a hard copy computer printout of the ACF entries on a periodic
basis, for validation purposes.
(50 FR 4453, Jan. 30, 1985, as amended at 50 FR 29799, July 22, 1985;
57 FR 24557, June 10, 1992)
48 CFR 2804.601 Subpart 2804.8 -- Contract Files
48 CFR 2804.800 Scope of subpart.
This subpart prescribes requirements for establishing and maintaining
contract files.
48 CFR 2804.803-70 Contents of contract files.
(a) It is the policy of the Department that all contract files be
maintained in two folders. One folder shall contain all required
preaward documents. The other shall contain all required award and
contract administration documents.
(b) The preaward contract file shall consist of all required preaward
documents as well as an Invitation for Bids (IFB) preaward file
checklist or a Request for Proposals (RFP) preaward checklist.
(1) IFB preaward file checklist:
(2) REP preward file checklist:
(3) Modifications checklist:
(4) Contract file, award checklist:
Contractor:
Requirement:
Contract No.:
Contract Type:
Solicitation No.:
I certify that this file has been reviewed and the contract is
adequate for award:
Contract Specialist Date: XXXXX
Signature:
Reviewer Title:
Date: XXXXXX
Signature:
(c) The preaward contract file shall contain, for all contract
requirements which do not appear on an Advance Procurement Plan (APP), a
memorandum which documents those circumstances. The documentation shall
include, as a minimum, the following:
(1) The reasons why the requirement did not get placed on an APP or
subsequent revision; and
(2) A description as to how and when the requirement materialized.
(50 FR 4453, Jan. 30, 1985, as amended at 50 FR 29799, July 22, 1985;
52 FR 4320, Feb. 11, 1987; 57 FR 24557, June 10, 1992)
48 CFR 2804.803-70 Subpart 2804.9 -- Information Reporting to the
Internal Revenue Service
Source: 55 FR 14094, Apr. 16, 1990, unless otherwise noted.
48 CFR 2804.900 Scope of subpart.
This subpart provides policies and procedures applicable to contract
information reporting to the Internal Revenue Service (IRS).
48 CFR 2804.901 Definitions.
Classified contract, as used in this subpart, means a contract such
that the fact of the existence of such contract or the subject matter of
such contract has been designated and clearly marked or clearly
represented, pursuant to the provisions of Federal law or an Executive
order, as requiring a specific degree of protection against unauthorized
disclosure for reasons of national security.
Confidential contract, as used in this subpart, means a contract, the
reporting of which to the IRS as required under 26 U.S.C. 6050M, would
interfere with the effective conduct of a confidential law enforcement
activity, such as contracts for sites for undercover operations or
contracts with informants, or foreign counterintelligence activity.
48 CFR 2804.903 Procedures.
Bureau procurement offices shall submit their quarterly FPDS reports
together with the certification required by section 2804.903-70 to the
Procurement Executive in accordance with section 2804.601. The
Procurement Executive will certify the consolidated FPDS data for the
Department, transmit the data to the Federal Procurement Data Center
(FPDC) and authorize the FPDC to make returns to the IRS on behalf of
the agency.
48 CFR 2804.903-70 Certification.
(a) 26 U.S.C. 6050M, as implemented in 26 CFR requires the head of
every Federal executive agency to file an information return with the
IRS for certain contract actions in excess of $25,000 and to certify
under penalties of perjury that the information provided is, to the best
of his or her belief, true, correct and complete.
(b) The head of the contracting activity or his or her delegate shall
certify to the Procurement Executive, in the format specified below,
under penalty of perjury, that such official has examined the
information submitted by that bureau as its FPDS data, and that the data
has been prepared pursuant to the requirements of Section 6050M and
that, to the best of such official's knowledge and belief it is compiled
from bureau records business for the purpose of making a true, correct
and complete return as required by 26 U.S.C. 6050M.
(c) The following certification will be signed and dated by the head
of the contracting activity, or his or her delegate, and submitted with
each quarterly FPDS report from that bureau.
I, XXXX(Name), XXXX(Title) under the penalties of perjury have
examined the information to be submitted by XXXX(Bureau) to the
Procurement Executive, for making information returns on behalf of the
Department of Justice to the Internal Revenue Service, and ceritify that
this information has been prepared pursuant to the requirements of
section 6050M and that it is to the best of my knowledge and belief, a
compilation of bureau records maintained in the normal course of
business for the purpose of providing true, correct and complete returns
as required by 26 U.S.C. section 6050M.
--
Signature
--
Date
(55 FR 14094, Apr. 16, 1990, as amended at 56 FR 26341, June 7, 1991)
48 CFR 2804.970 Special reporting exceptions.
(a) The Technical and Miscellaneous Revenue Act of 1988 (Pub. L.
100-647) amended 26 U.S.C. 6050M to allow exceptions to the reporting
requirements for certain classified or confidential contracts.
(b) The head of the agency has determined that the filing of
information returns, as required by 26 U.S.C. 6050M, on confidential
contracts, which involve law enforcement or foreign counterintelligence
activities, would interfere with the effective conduct of those
confidential law enforcement or foreign counterintelligence activities,
and that the special reporting exceptions added to section 6050M by The
Technical and Miscellaneous Revenue Act of 1988 apply to these types of
contracts.
48 CFR 2804.970 Subpart 2804.70 -- Procurement Requisitions
48 CFR 2804.7000 General.
(a) Procurement requests will be prepared and submitted to the
contracting office in accordance with bureau instructions.
(b) Except in unusual circumstances, the contracting office shall not
issue solicitations until an approved procurement request, containing a
certification that funds are available, has been received. However, the
contracting office may take all necessary actions, up to the point of
contract obligation, before receipt of the approved procurement request
certifying that funds are available when --
(1) Such action is necessary to meet critical program schedules;
(2) It has been established that program authority has been issued
and funds to cover the procurement will be available prior to the date
set for contract award or contract modification;
(3) The item has been listed on the component Advance Procurement
Plan; and
(4) The Bureau Procurement Chief authorizes such action in writing
before solicitation issuance.
(c) All procurement requisitions must be supported by a realistic
cost estimate of the requirement. Whether the cost estimate is based on
historical data, or other appropriate techniques, the estimates must be
prepared in sufficient detail to enable the contracting officer to
determine the accuracy and realism of the estimate. If the contracting
officer has reason to doubt the validity of the estimate, he or she has
a responsibility to review the estimate with the program office and
reconcile any differences.
(57 FR 24557, June 10, 1992)
48 CFR 2804.7000 SUBCHAPTER B -- COMPETITION AND ACQUISITION PLANNING
48 CFR 2804.7000 PART 2805 -- PUBLICIZING CONTRACT ACTIONS
48 CFR 2804.7000 Subpart 2805.1 -- Dissemination of Information
Sec.
2805.101 Methods of disseminating information.
48 CFR 2804.7000 Subpart 2805.2 -- Synopses of Proposed Contract Actions
2805.201-70 Departmental notification.
48 CFR 2804.7000 Subpart 2805.3 -- Synopses of Contract Awards
2805.302-70 Departmental notification.
48 CFR 2804.7000 Subpart 2805.5 -- Paid Advertisements
2805.502 Authority.
2805.503-70 Procedures.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and
0.76(j).
Source: 50 FR 4455, Jan. 30, 1985, unless otherwise noted.
48 CFR 2804.7000 Subpart 2805.1 -- Dissemination of Information
48 CFR 2805.101 Methods of disseminating information.
Each contracting activity in the Department shall designate an area
for public display of solicitation notices in accordance with FAR
5.101(a)(2).
48 CFR 2805.101 Subpart 2805.2 -- Synopses of Proposed Contract Actions
48 CFR 2805.201-70 Departmental notification.
(a) A copy of each synopsis of a proposed contract action sent to the
Department of Commerce, shall be furnished to the Director, Office of
Small and Disadvantaged Business Utilization (OSDBU), Justice Management
Division.
(b) Contracting officers shall document, in the contract file, that a
copy of the notice has been forwarded to the OSDBU. A ''cc'' to the
OSDBU on the file copy of the CBD notice shall be considered adequate
documentation.
(57 FR 24557, June 10, 1992)
48 CFR 2805.201-70 Subpart 2805.3 -- Synopses of Contract Awards
48 CFR 2805.302-70 Departmental notification.
(a) The contracting officer shall forward a copy of the synopsis of
contract award, as prepared under FAR 5.302, to the Director, Office of
Small and Disadvantaged Business Utilization (OSDBU), Justice Management
Division.
(b) Contracting officers shall document in the contract file that a
copy of the notice has been forwarded to the OSDBU. A ''cc'' to the
OSDBU on the file copy of the CBD notice shall be considered adequate
documentation.
(57 FR 24557, June 10, 1992)
48 CFR 2805.302-70 Subpart 2805.5 -- Paid Advertisements
This subpart provides policies and procedures for the procurement of
paid advertising as covered by 5 U.S.C. 302, 44 U.S.C. 3701, 3702, and
3703, and title 7, chapter 5-25.2, General Accounting Office Policy and
Procedures Manual for Guidance of Federal Agencies.
48 CFR 2805.502 Authority.
(a) Pursuant to 28 CFR 0.140 the authority to approve publication of
paid advertisements has been delegated to the officials listed in
2801.601(a). This authority may be redelegated as considered
appropriate.
(b) The authority to approve the publication of advertisements,
notices, or proposals pursuant to litigation has been delegated by
memorandum by the AAG/A to the heads of the OBDs with the power of
redelegation.
(c) Authority to purchase paid advertising must be granted in writing
by an official delegated such authority. No advertisement, notice, or
proposal will be published prior to receipt of advance written authority
for such publication. No voucher for any such advertisement or
publication will be paid unless there is presented, with the voucher, a
copy of such written authority. Authority shall not be granted
retroactively.
48 CFR 2805.503-70 Procedures.
(a) Agency officials exercising the authority delegated by
2805.502(a) and (b) shall do so in accordance with the procedures set
forth in FAR 5.503 and those set forth below.
(b) Requests for procurement of advertising shall be accompanied by
written authority to advertise or publish which sets forth justification
and includes the names of newspapers or journals concerned, frequency
and dates of proposed advertisements, estimated cost, and other
pertinent information.
(c) Paid advertisements shall be limited to publication of essential
details of invitations for bids and requests for proposals including
those for the sale of personal property and for the recruitment of
employees.
(d) Optional Form 347, Order for Supplies or Services, or an approved
agency form, shall be used for procurement and payment of paid
advertising. Procedures for payment of vouchers are contained in title
7, chapter 5-25.2, General Accounting Office Policy and Procedures
Manual for Guidance of Federal Agencies.
(50 FR 4455, Jan. 30, 1985, as amended at 56 FR 26341, June 7, 1991)
48 CFR 2805.503-70 PART 2806 -- COMPETITION REQUIREMENTS
48 CFR 2805.503-70 Subpart 2806.3 -- Other Than Full and Open
Competition
Sec.
2806.302 Circumstances permitting other than full and open
competition.
2806.302-7 Public interest.
2806.302-70 Determination and findings.
2806.303-2 Content.
2806.304 Approval of the justification.
48 CFR 2805.503-70 Subpart 2806.5 -- Competition Advocates
2806.501 Requirement.
2806.502 Duties and responsibilities.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(e); 28 CFR 0.75(j) and
0.76(j).
48 CFR 2805.503-70 Subpart 2806.3 -- Other Than Full and Open
Competition
2806.302 Circumstances permitting other than full and open
competition.
2806.302-7 Public interest.
48 CFR 2806.302-70 Determination and findings.
(a) Procedure. The determination and findings (D&F) required by FAR
6.302-7(c)(1) shall be prepared in the format provided in paragraph (b)
below. The original and two copies of the D&F and documentation
supporting the use of this exception to the requirement for full and
open competition shall be submitted to the Office of the Procurement
Executive for concurrence and coordination up to the Attorney General
for signature.
(b) Format. The following format shall be used for the D&F:
Department of Justice, Washington, DC 20530.
Determination and Findings.
Upon the basis of the following findings and determination, which I
hereby make pursuant to the authority of 41 U.S.C. 253(c)(7) as
implemented by FAR 6.302-7, it is in the public interest to provide for
other than full and open competition in the contract action described
below.
1. The (1) proposes to enter into a contract for the acquisition of
(2).
2. Use of the authority cited above is necessary and in the public
interest for the following reasons: (3).
For the reasons described above, it is necessary and in the public
interest to use procedures other than competitive procedures in the
proposed acquisition.
Date
(1) Name of contracting activity.
(2) Brief description of supplies or services.
(3) Explain the need for use of the authority.
(56 FR 26341, June 7, 1991)
48 CFR 2806.303-2 Content.
In addition to the information required by FAR 6.303-2,
justifications over $10,000,000 shall contain the following documents:
(a) A written Acquisition Plan as required by FAR 7.102 and DOJ Order
2300.5A. If a plan was not prepared, explain why planning was not
feasible or accomplished.
(b) A copy of the CBD announcement or proposed announcement in
accordance with the requirements of FAR 5.203.
(c) As part of the description of the supplies or services required
in FAR 6.303-2, the justification should include the statement of need
as submitted by the requiring activity and any subsequent changes or
revisions to the specifications.
(d) Any additional documentation that may be unique to the proposed
procurement and is relevant to the justification.
(57 FR 24557, June 10, 1992)
48 CFR 2806.304 Approval of the justification.
(a) All justifications for contract actions over $100,000 shall be
submitted to the bureau Procurement Chief for concurrence before being
forwarded to the bureau Competition Advocate for approval.
Justifications over $10,000,000 shall be further submitted for the
concurrence of the bureau competition advocate and the head of the
contracting activity, before being forwarded to the Procurement
Executive for approval.
(b) The original and one copy of the justification shall be forwarded
to the Office of the Procurement Executive. After approval by the
Procurement Executive, the signed original will be returned to the
contracting activity and one copy will be retained in the Office of the
Procurement Executive.
(57 FR 24557, June 10, 1992)
48 CFR 2806.304 Subpart 2806.5 -- Competition Advocates
48 CFR 2806.501 Requirement.
As required by section 20 of the Office of Federal Procurement Policy
Act, each executive agency must appoint an agency competition advocate
and a competition advocate in each procuring activity of the executive
agency. Accordingly:
(a) The competition advocate for DOJ will be located in the Office of
the Procurement Executive, Justice Management Division.
(b) The agency head will appoint in each bureau an official to be the
bureau activity competition advocate. The individuals designated may
not be located in the operational procurement activity.
(50 FR 29801, July 22, 1985, as amended at 52 FR 42295, Nov. 4, 1987;
53 FR 49666, Dec. 9, 1988; 56 FR 26341, June 7, 1991)
48 CFR 2806.502 Duties and responsibilities.
(a) The duties and responsibilities of the competition advocates are
set forth in FAR 6.502. The Department's Procurement Executive will
provide guidance to the competition advocates in formulating plans,
goals, and procedures to achieve the goals of enhancing competition and
challenging barriers to full and open competition.
(b) Responsibilities. (1) Within 60 days following the end of the
fiscal year each competition advocate in the procuring activities will
submit to the agency competition advocate an annual report. This report
will provide specific information and a summary of advocacy
accomplishments during the fiscal year. The information provided,
combined with other available data, will provide the basis for the
report in paragraph (b)(3) of this section to be submitted to Congress
by the agency head in accordance with section 23 of the Office of
Federal Procurement Policy Act.
(2) Within 90 days following the end of the fiscal year the agency
competition advocate shall submit to the Procurement Executive a report
on the competition advocacy accomplishments throughout DOJ during the
preceding year and plans for the next year.
(3) Annual reports will be submitted for the fiscal years 1985 (from
April 1, 1985 to September 30, 1985), 1986, 1987, 1988 and 1989.
(50 FR 29801, July 22, 1985, as amended at 52 FR 34390, Sept. 11,
1987)
48 CFR 2806.502 PART 2807 -- ACQUISITION PLANNING
48 CFR 2806.502 Subpart 2807.1 -- Acquisition Plans
Sec.
2807.102 Policy.
2807.103 Agency-head responsibilities.
48 CFR 2806.502 Subpart 2807.70 -- End-of-Year Procurements
2807.7000 Scope of subpart.
2807.7001 Lead times and cut-off dates.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and
0.76(j).
Source: 50 FR 4455, Jan. 30, 1985, unless otherwise noted.
48 CFR 2806.502 Subpart 2807.1 -- Acquisition Plans
48 CFR 2807.102 Policy.
(a) In accordance with the Office of Federal Procurement Policy,
Policy Letter 81-1, Executive Order 12352, and in compliance with FAR
7.102, procurement activities of DOJ shall coordinate planning of
resource utilization in conducting procurement programs. Such planning
shall accomplish the following objectives:
(1) Provide for early planning of procurement actions to allow ample
time for conducting competitive solicitations and to avoid unnecessary
urgent requirements that generally restrict competition.
(2) Provide for a more even flow of procurement requests to
procurement operations throughout a fiscal year, better using personnel
resources and avoiding wasteful and hasty year-end spending.
(3) Identify identical or like requirements that can be combined
under one solicitation, thereby saving manpower resources and financial
resources through quantity discounts.
(b) Acquisition planning shall be accomplished in accordance with the
Department's Advance Procurement Planning System. Approval for
alterations of systems or DOJ forms must be obtained from the Office of
the Procurement Executive.
(50 FR 4455, Jan. 30, 1985, as amended at 50 FR 29801, July 22, 1985)
48 CFR 2807.103 Agency-head responsibilities.
(a) The Department's Advance Procurement Planning System provides
that the heads of components shall appoint a Program Planning
Coordinator to coordinate acquisition planning. The coordinator shall
work with the component procurement representative and financial officer
in developing an approved procurement plan.
(b) The heads of the contracting activities shall ensure that, during
the acquisition planning phase, requirements personnel consider the use
of the metric system of measurement consistent with 15 U.S.C. 2205 et
seq. Use of the metric system must be coordinated with the contracting
office and be consistent with security, operational, economic,
technical, training, and safety requirements.
(57 FR 24558, June 10, 1992)
48 CFR 2807.103 Subpart 2807.70 -- End-of-Year Procurements
48 CFR 2807.7000 Scope of subpart.
OFPP Policy Letter 81-1 requires that agencies establish lead times
and firm cut-off dates for processing procurement requests that are to
be obligated against expiring current year funds. The purposes of the
OFPP policy are to prevent wasteful year-end spending and promote
competitive contracting. The need to advise requiring activities of the
lead times necessary to process a particular procurement action has
become even more important with passage of the Competition in
Contracting Act of 1984. This subpart provides requirements for meeting
these objectives in DOJ.
(52 FR 4320, Feb. 11, 1987)
48 CFR 2807.7001 Lead times and cut-off dates.
(a) DOJ procurement activities shall establish lead times and cut-off
dates for acceptance and processing of procurement requests that require
use of expiring current year funds. Procedures implemented by the
procurement activities shall include:
(1) Lead times required to process procurement requests according to
the method of contracting (sealed bid or competitive proposals, etc.)
and type of action (new award, modification, or option). Procurement
activities may further refine the lead times in accordance with their
experience and types of requirements;
(2) Firm cut-off dates beyond which a procurement request will not be
accepted if the requirement is to use expiring current year funds.
Cut-off dates will be issued consistent with the lead times established
in paragraph (a)(1) of this section; and
(3) A statement that failure to submit a requisition prior to the
cut-off date applicable to processing a fully competitive procurement
does not, in itself, establish justification for contracting by other
than full and open competition.
(b) Fourth quarter procurements.
(1) Instructions provided to Federal agencies by the Office of
Management and Budget state that fourth quarter obligations should not
exceed the average obligations for the first three quarters, except
where seasonal requirements, essential program objectives, or lead times
justify a higher level. Excessive and wasteful year-end spending can be
prevented by firmly enforcing the procurement cut-off dates, the
Department's Advance Procurement Planning Order, reviewing questioned
procurements with procurement supervisors and appropriate program
personnel and giving particular attention to fourth quarter procurement
requests in areas that are particularly vulnerable to wasteful spending.
In addition, chiefs of procurement activities shall ensure that their
staffs are aware of OFPP Policy Letter 81-1 and the OFPP checklist for
use in detecting and preventing wasteful year-end spending.
(52 FR 4320, Feb. 11, 1987)
48 CFR 2807.7001 PART 2808 -- REQUIRED SOURCES OF SUPPLIES AND SERVICES
Sec.
2808.000 Scope of part.
48 CFR 2807.7001 Subpart 2808.1 -- Excess Personal Property
2808.102-80 Procedure.
48 CFR 2807.7001 Subpart 2808.4 Ordering From Federal Supply Schedules
(FSS)
2808.400-70 Renewals of purchase orders issued under Federal Supply
Schedules.
2808.401-70 Use of General Services Administration (GSA) Self-Service
Stores.
48 CFR 2807.7001 Subpart 2808.8 -- Acquisition of Printing and Related
Supplies
2808.802-70 Procedure.
48 CFR 2807.7001 Subpart 2808.11 -- Leasing of Motor Vehicles
2808.1102-70 Procedure.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and
0.76(j).
Source: 50 FR 4456, Jan. 30, 1985, unless otherwise noted.
48 CFR 2808.000 Scope of part.
This part deals with the acquisition of supplies and services from or
through Government supply sources.
48 CFR 2808.000 Subpart 2808.1 -- Excess Personal Property
48 CFR 2808.102-80 Procedure.
All requisitions for supplies shall be submitted to the Chief,
Operations Section, Administrative Services Staff, for review to
determine whether or not the requirement can be fulfilled by using
excess personal property available to the Department, prior to
submitting the requisition to Procurement Service.
48 CFR 2808.102-80 Subpart 2808.4 -- Ordering From Federal Supply Schedules (FSS)
48 CFR 2808.400-70 Renewals of purchase orders issued under Federal
Supply Schedues.
(a) To expedite renewals of purchase orders issued against FSS
contracts OBD's and the EOUSA are encouraged to submit annually only one
requisition which would cover all renewals for a given vendor's GSA
schedule contract.
(b) In preparing renewals, consolidate items of identical make and
model number, indicate aggreate quantity, and segregate as to lease
renewals and maintenance renewals for DOJ equipment. Systems are not to
be aggregated, but should be listed as a separate line item on the
requisition and shall not be split.
48 CFR 2808.401-70 Use of General Services Administration (GSA)
Self-Service Stores.
Policy and procedures for the use of the GSA self-service stores are
contained in departmental orders.
48 CFR 2808.401-70 Subpart 2808.8 -- Acquisition of Printing and Related Supplies
48 CFR 2808.802-70 Procedure.
Contracting officers shall obtain written approval from the Director,
General Services Staff. JMD (the central printing authority designated
to serve as liaison between the Department and the Joint Committee on
Printing) before acquiring any of the items defined in FAR 8.801.
(50 FR 4456, Jan. 30, 1985, as amended at 50 FR 29801, July 22, 1985)
48 CFR 2808.802-70 Subpart 2808.11 -- Leasing of Motor Vehicles
48 CFR 2808.1102-70 Procedure.
Prior to preparing solicitations for the leasing of motor vehicles,
contracting officers shall ensure that the requisition for such lease
has been reviewed and approved by the General Services Staff, Justice
Management Division.
(50 FR 4456, Jan 30, 1985, as amended at 52 FR 34390, Sept. 11, 1987)
48 CFR 2808.1102-70 PART 2809 -- CONTRACTOR QUALIFICATIONS
48 CFR 2808.1102-70 Subpart 2809.4 -- Debarment, Suspension, and
Ineligibility
Sec.
2809.400 Scope of subpart.
2809.401 Applicability.
2809.402 Policy.
2809.403 Definitions.
2809.405 Effects of listing.
2809.405-1 Continuation of current contracts.
2809.405-2 Restrictions on subcontracting.
2809.470 Responsibilities.
2809.471 Debarment and suspension decision-making process.
48 CFR 2808.1102-70 Subpart 2809.5 -- Organizational Conflicts of
Interest
2809.503 Waiver.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and
0.76(j).
Source: 50 FR 4456, Jan. 30, 1985, unless otherwise noted.
48 CFR 2808.1102-70 Subpart 2809.4 -- Debarment, Suspension, and Ineligibility
48 CFR 2809.400 Scope of subpart.
This subpart:
(a) Provides for DOJ policies and procedures in making debarment and
suspension decisions and assigns responsibilities in making these
decisions.
(b) Establishes the Procurement Executive, JMD as the debarring and
suspending official in DOJ.
Note: FAR 9.4 does not provide procedures for declaring Government
contractors ineligible. The GSA will list contractors who are
ineligible pursuant to statutory, Executive Order, or regulatory
authority other than FAR subpart 9.4. This FAR and JAR subpart does
prescribe policies regarding the effect of such listing.
(50 FR 4456, Jan. 30, 1985, as amended at 52 FR 34390, Sept. 11,
1987)
48 CFR 2809.401 Applicability.
This subpart is applicable to all contracting activities in the
offices, boards, divisions, and bureaus (OBDBs) of DOJ and for contracts
involving personal property and non-personal services including
construction and leases of real property. This subpart does not apply
to grants or other forms of Federal assistance.
48 CFR 2809.402 Policy.
Debarment and suspension actions are a means to ensure that agencies
contract only with responsible business concerns and individuals.
Contracting activities shall:
(a) Consider debarment or suspension of a contractor when cause is
shown as listed under FAR 9.406-2 (debarment) and FAR 9.407-2
(suspension).
(b) Consult the GSA Consolidated List of Debarred, Suspended, or
Ineligible Contractors prior to soliciting offers from, awarding
contracts to, renewing or extending contracts, or consenting to
subcontracts with contractors on the GSA Consolidated List. Exceptions
will be granted only for compelling reasons and in accordance with FAR
9.405(a).
48 CFR 2809.403 Definitions.
The definitions of the principal terms used in this subpart, i.e.,
debarment, suspension, ineligible, contractor, and debarring and
suspending official, are the same as in FAR 9.403.
2809.405 Effects of listing.
48 CFR 2809.405-1 Continuation of current contracts.
In accordance with FAR 9.405-1, contracting activities may continue
contracts or subcontracts in existence at the time a contractor is
suspended or debarred unless it is determined that termination of the
contract is in the best interest of the Government. In making this
determination contracting activities shall consider the seriousness of
the act or omission leading to the debarment or suspension, the effect
of debarment or suspension on the contractor's ability to continue
operations, and the Department's ability to safeguard its interests and
receive satisfactory performance and for compelling reasons and in
accordance with FAR 9.405(a).
48 CFR 2809.405-2 Restrictions on subcontracting.
FAR 9.405-2 provides that agencies shall not consent to subcontracts
with debarred, suspended, or ineligible contractors where such consent
is required by the contract. FAR subpart 44.2, Consent to Subcontracts,
provides guidance on when to include a clause in prime contracts for
review of subcontracts.
48 CFR 2809.470 Responsibilities.
(a) Contracting activities in the OBDBs shall:
(1) Be familiar with the policies and procedures concerning
debarment, suspension, and ineligibility as set forth in FAR subpart 9.4
and this subpart.
(2) Provide and effective system within their activity to ensure that
contracting staff consult the GSA Consolidated List of Debarred,
Suspended, or Ineligible Contractors prior to soliciting offers from,
awarding or extending contracts to, or consenting to subcontracts with
contractors on the list.
(3) Consider recommending debarment or suspension of a contractor
when cause exists under FAR 9.406-2 (debarment) and FAR 9.407-2
(suspension). Existence of cause for debarment or suspension does not
necessarily require that the contractor be debarred or suspended.
Contracting activities must consider the seriousness of the contractor's
acts or omissions and any mitigating circumstances. Contracting staffs
should consult with their appropriate legal counsel prior to making a
decision to initiate debarment or suspension proceedings. If a
determination is made that available facts do not justify beginning
debarment or suspension proceedings, the file should be documented
accordingly. This determination should be subject to reconsiderations
if new information or additional fact-finding so justifies.
(4) Immediately prepare a notice in accordance with FAR 9.406-3(a)
(debarment) or FAR 9.407-3(c) (suspension) if a decision is made to
initiate debarment and/or suspension of a contractor. The draft notice
along with the administrative file containing all relevant facts and
analysis shall be forwarded to the Procurement Executive, as the
debarring and suspending official, following review by the activity's
legal counsel and procurement head.
(b) The DOJ Procurement Executive, as the debarring and suspending
official, shall:
(1) Review the notice and administrative file for sufficiency and
provide for review by other DOJ officials as considered appropriate.
(2) Give the contractor prompt notice of the proposed debarment or
suspension if he or she so decides, in accordance with FAR 9.406-3(c)
(debarment) or FAR 9.407-3(c) (suspension).
(3) Direct additional fact-finding as necessary when material facts
are in dispute. Fact-finding over disputed issues of fact in debarment
and suspension proceedings may be conducted by the General Services
Administration Board of Contract Appeals (GSBCA) in accordance with the
signed agreement between the Department and GSBCA if requested by either
the government or the contractor.
(4) Notify the contractor of the final decision to debar or suspend,
including a decision not to debar or suspend, in accordance with FAR
9.406-3(c) (debarment) and FAR 9.407-3(c) (suspension).
(c) Other responsibilities of the DOJ Procurement Executive.
(1) Provide notification to GSA within five working days after
debarring or suspending a contractor or modifying or rescinding such an
action of the information set forth in FAR 9.404(c).
(2) Maintain agencywide records of debarred or suspended contractors
in accordance with FAR 9.404(c)(4).
(3) In accordance with FAR 9.405(a), approve determinations submitted
by contracting activities establishing compelling reasons to contract or
consent to a subcontractor with a contractor on a current debarred or
suspended list. (DOJ officials do not have the authority to make
exceptions for contractors declared ineligible.)
(4) Provide interim notification to the OBDBs of contractors debarred
or suspended pending inclusion into the GSA Consolidated List and
coordinate among the OBDBs annual subscriptions to the GSA list.
(50 FR 4456, Jan. 30, 1985, as amended at 52 FR 34390, Sept. 11,
1987)
48 CFR 2809.471 Debarment and suspension decision-making process.
Debarment or suspension of a contractor, whether a firm on an
individual, is a serious action. In order to ensure fairness and an
opportunity for the affected contractor to present arguments and provide
information in opposition to a proposed debarment or suspension, the
procedures outlined in FAR 9.406-3 (debarment) and FAR 9.407-3
(suspension) will be strictly adhered to in the decision-making process.
48 CFR 2809.471 Subpart 2809.5 -- Organizational Conflicts of Interest
48 CFR 2809.503 Waiver.
(a) Waiver authority granted under FAR 9.503 is delegated by this
subpart to the DOJ officials listed in 2801.601(a). This authority may
not be redelegated.
(b) Requests for waivers shall be prepared by the contracting officer
and shall include the following:
(1) A complete description of the organizational conflict;
(2) A discussion of why the conflict cannot be avoided, neutralized,
or mitigated in accordance with the procedures in FAR 9.507;
(3) The benefits to the Government and to the contractor in approving
the waiver; and,
(4) The potential or actual negative or detrimental effects of
approving the waiver.
48 CFR 2809.503 PART 2810 -- SPECIFICATIONS, STANDARDS, AND OTHER
PURCHASE DESCRIPTIONS
Sec.
2810.000 Scope of part.
2810.001 Definitions.
2810.002 Metric Policy.
2810.004-70 ''Brand name of equal'' purchase description.
2810.007 Deviations.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and
0.76(j).
Source: 50 FR 4457, Jan. 30, 1985, unless otherwise noted.
48 CFR 2810.000 Scope of part.
This part prescribes policies and procedures for using
specifications, standards, and other purchase descriptions in the
acquisition process.
48 CFR 2810.001 Definitions.
Dual systems means the use of both inch-pound and metric systems.
For example, an item is designed, produced, and described in inch-pound
values with soft metric values also shown for information or comparison
purposes.
Hybrid systems means the use of both inch-pound and hard metric
values in specifications, standards, supplies, and services; e.g., an
engine with internal parts in metric dimensions and external fittings or
attachments in inch-pound dimensions.
Metric system means the International System of Units established by
the General Conference of Weights and Measures in 1960.
Soft metric means the result of mathematical conversion of inch-pound
measurements to metric equivalents in specifications, standards,
supplies, and services. The physical dimensions are not changed.
(57 FR 24558, June 10, 1992)
48 CFR 2810.002 Metric Policy.
Consistent with the policy expressed in FAR 10.002(c), solicitations
must include specifications and purchase descriptions stated in metric
units of measurement whenever metric is the accepted industry system.
Whenever possible, commercially developed metric specifications and
internationally, or domestically developed voluntary standards, using
metric measurements, must be adopted. While an industry is in
transition to metric specifications, solicitations must include
specifications and purchase descriptions stated in soft metric, hybrid,
or dual systems except when impractical or inefficient.
(57 FR 24558, June 10, 1992)
48 CFR 2810.004-70 ''Brand name or equal'' purchase description.
(a) A ''brand name or equal'' purchase description shall be used only
under the conditions listed below and in FAR 10.004(b)(3) and in
accordance with the policies and procedures in this subpart.
(1) When a suitable formal Government specification, standard, or
industry standard approved for agency use is not available and a
purchase description meeting the general requirements of FAR 10.004
cannot be prepared because:
(i) Construction or composition of the product to be procured is too
technically involved;
(ii) Public exigency precludes timely development; or,
(iii) It is impractical or uneconomical to prepare a purchase
description.
(2) When purchasing items for authorized resale.
(b) The term ''brand name product'' means a commercial product
described by a brand name and make or model number or other appropriate
nomenclature by which that product is offered for sale to the public by
the particular manufacturer, producer, or distributor. When using a
''brand name or equal'' purchase description all known acceptable brand
name products should be listed in the solicitation. When a ''brand name
or equal'' purchase description is used to describe a primary item or
major component, prospective offerors must be given the opportunity to
offer products other than those specifically referenced by brand name,
if those other products will meet the needs of the Government in
essentially the same manner as those referenced as brand name in the
solicitation. If modifications to standard products are anticipated to
meet the purchase description requirements, a minimum of 30 calendar
days shall be allowed between the issuance of the solicitation and the
opening of bids or receipt of proposals, provided that periods of less
than 30 calendar days may be set only in cases where one of the
statutory exceptions to publicizing the procurement in the Commerce
Business Daily applies and when the contracting officer has reason to
believe that bidders can bid effectively on the basis of a shorter
period.
(c) ''Brand name or equal'' purchase descriptions should set forth
those salient physical, functional, or other characteristics of the
products referenced as brand name which are essential to the Government,
and should contain the following information to the extent available,
and include such other information as is necessary to describe the item
required:
(1) Complete common generic identification of the required item;
(2) Applicable make, model, or catalog number for each brand name
product referenced and identification of the commercial catalog in which
it appears; and,
(3) Name of manufacturer, producer, or distributor of each brand name
product referenced (and address if possible).
(d) In ''brand name or equal'' solicitations the product referenced
as ''brand name'' must be regularly offered for sale to the public.
(e) When a ''brand name or equal'' purchase description is used the
contracting officer shall note in the contract file the reasons for
using this purchase description.
(f)(1) When a ''brand name or equal'' purchase description is used in
a solicitation, except for component parts or accessories of an end item
for which the contracting officer determined that the application of the
following clause would be impractical, the following clause shall be
inserted after each item so described in the solicitation for completion
by the offeror.
Bidding On:
Manufacturer's Name:
Brand:
No.:
(2) In addition, the clause set forth in section 2852.210-70 entitled
''Brand Name or Equal'' shall be inserted into all solicitations for
which this type of purchase description is used.
48 CFR 2810.007 Deviations.
Heads of contracting activities are authorized to approve deviations
and exceptions to specifications or standards listed in the Index of
Federal Specifications and Standards when the exceptions listed in FAR
10.006 do not apply, in accordance with the reporting and other
requirements of FAR 10.007. The Office of the Procurement Executive
shall be notified, in writing, within 30 days of the approval of each
deviation or exception approved.
(50 FR 4457, Jan. 30, 1985, as amended at 50 FR 29801, July 22, 1985)
48 CFR 2810.007 PART 2812 -- CONTRACT DELIVERY OR PERFORMANCE
Sec.
2812.000 Scope of part.
48 CFR 2810.007 Subpart 2812.1 -- Extension of Delivery or Performance
Schedules
2812.170 Policy.
48 CFR 2810.007 Subpart 2812.2 -- Liquidated Damages
2812.270 Procedure.
48 CFR 2810.007 Subpart 2812.3 -- Priorities and Allocations
2812.303 Procedures.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and
0.76(j).
Source: 50 FR 4458, Jan. 30, 1985, unless otherwise noted.
48 CFR 2812.000 Scope of part.
This part prescribes policies and procedures relating to delivery or
performance under contracts for supplies, services, and construction.
48 CFR 2812.000 Subpart 2812.1 -- Extension of Delivery or Performance Schedules
48 CFR 2812.170 Policy.
It is the policy of DOJ to ensure that contract delivery schedules
are reasonable, realistic, and meet the requirements of the acquisition.
However, in some instances when the contractor fails to deliver in a
timely manner, it may be necessary for the Government to allow the
contractor to continue performance. Under these circumstances, if the
delay is caused by conditions which would not be considered ''excusable
delays'' (as defined in the clauses listed in FAR 52.249), the
contracting officer must secure consideration for the Government's
forbearance in extending the delivery schedule. In addition, delivery
schedules should not be allowed to slip beyond two weeks without
contracting officers taking all actions necessary to retain the
Government's rights.
48 CFR 2812.170 Subpart 2812.2 -- Liquidated Damages
48 CFR 2812.270 Procedure.
In the event it is desirable to make a remission of liquidated
damages, assessed against a contractor for delayed performance, the
contracting officer shall prepare a memorandum for the signature of the
AAG/A and subsequent transmittal to the Comptroller General, which sets
forth the rationale for the proposed remission of liquidated damages
together with all pertinent background data upon which the
recommendation that such damages be remitted to the contractor. This
memorandum must be coordinated with the JMD Office of General Counsel
prior to forwarding to the AAG/A for signature.
48 CFR 2812.270 Subpart 2812.3 -- Priorities and Allocations
48 CFR 2812.303 Procedures
(a) The Procurement Executive, in accordance with paragraph 1.e., of
the Procurement Executive Charter, issued with Attorney General Order
1085-85, is the agency official delegated authority to exercise priority
authority on behalf of the Department. Any request for a priority
rating on a contract or order must be submitted to the Office of the
Procurement Executive in accordance with the procedures in this subpart.
(1) The requesting activity shall submit to the Procurement Executive
a description of the supplies or services requiring a priority rating
and a complete justification for the necessity of a rated order
including the method and type of contract and the anticipated award
date. The justification must also state the level of priority rating
requested and comply with the requirements of the Defense Priorities and
Allocations System (OPAS) (15 CFR part 350).
(2) Upon receipt the Office of the Procurement Executive shall review
the request for completeness and establish appropriate liaison with the
Department of Commerce (DOC), the administering agency. Depending on
the nature of the requirement, the OPE may schedule a meeting with DOC
officials to present the proposal. In such cases, a representative from
the requiring activity may be requested to attend.
(3) DOJ activities requesting rated orders that concern classified
material shall call the Procurement Executive before submitting their
request to ensure appropriate transmission and handling between the
requesting activity and the Office of the Procurement Executive.
(52 FR 4320, Feb. 11, 1987)
48 CFR 2812.303 SUBCHAPTER C -- CONTRACTING METHODS AND CONTRACT TYPES
48 CFR 2812.303 PART 2813 -- SMALL PURCHASE AND OTHER SIMPLIFIED PURCHASE PROCEDURES
48 CFR 2812.303 Subpart 2813.4 -- Imprest Fund
Sec.
2813.403-80 Agency responsibilities.
2813.404-70 Conditions for use.
48 CFR 2812.303 Subpart 2813.5 -- Purchase Orders
2813.505 Purchase order and related forms.
2813.505-2 Agency order forms in lieu of Optional Forms 347 and 348.
2813.505-370 Standard Form 44.
2813.570 Content of purchase order files.
48 CFR 2812.303 Subpart 2813.70 -- Certified Invoice Procedure
2813.7001 Policy.
2813.7002 Procedure.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and
0.76(j).
Source: 50 FR 4458, Jan. 30, 1985, unless otherwise noted.
48 CFR 2812.303 Subpart 2813.4 -- Imprest Fund
48 CFR 2813.403-80 Agency responsibilities.
Regulations governing the operation and procedures of the imprest
fund for the OBDs are contained in OBD internal regulations and
Accounting Operations Instructions. Individuals delegated the authority
to withdraw from the imprest fund are further subject to the limitations
contained in their delegation memorandum.
48 CFR 2813.404-70 Conditions for use.
The Department of the Treasury has approved for OBDBs limitations on
transactions of varying amounts depending on needs. These limitations
are maintained in OBDB internal regulations and procedures.
48 CFR 2813.404-70 Subpart 2813.5 -- Purchase Orders
2813.505 Purchase order and related forms.
48 CFR 2813.505-2 Agency order forms in lieu of Optional Forms 347 and
348.
The JMD Form 422 is authorized for use in the OBDs as a substitute
for Optional Form 347. Bureaus may prescribe an equivalent form to meet
their needs subject to the approval of the head of the procuring
activity and in accordance with FAR 13.505-2 and FAR 13.507, Clauses.
48 CFR 2813.505-370 Standard Form 44.
(a) Purchasing offices using the SF 44 will be responsible for
instructing authorized users as to the limitations and procedures for
use of the SF 44 as outlined in FAR 13.505-3.
(b) Since the SF 44 is an accountable form, a record shall be
maintained of: serial numbers of the forms; to whom issued; and, the
date issued. SF 44's shall be kept securely under lock and key to
prevent unauthorized use. A reservation of funds shall be established
to cover total anticipated expenditures prior to use of the SF 44.
48 CFR 2813.570 Content of purchase order files.
(a) Is the policy of the Department that all purchase order files
contain sufficient documentation to accurately portray the circumstances
surrounding the purchase action. Each purchase order file shall contain
the following completed checklist, or one similar, which contains as a
minimum the documents and information that are indicated on the
checklist.
(b) Small purchase documentation checklist. The purpose of this
small purchase documentation checklist is to assure that all required
documentation has been made and a record of that documentation is kept
in the small purchase file. The checklist should be completed by
responding yes, no or N/A. ''No'' responses must be explained on a
separate sheet of paper which must be attached to the checklist.
(1) Presolicitation:
(2) Award:
(54 FR 40878, Oct. 4, 1989)
48 CFR 2813.570 Subpart 2813.70 -- Certified Invoice Procedure
Source: 57 FR 24558, June 10, 1992, unless otherwise noted.
48 CFR 2813.7001 Policy.
Under limited circumstances as described in this subpart, supplies or
services directly related to mission accomplishment, may be acquired on
the open market from local suppliers at the site of the work or use
point, using vendor's invoices under the certified invoice procedure,
instead of issuing purchase orders. Certified invoice procedures may
not be used to place orders under established contracts, unless,
specific authorization for their use is included in the contract
document.
48 CFR 2813.7002 Procedure.
(a) Purchases utilizing the certified invoice procedure shall be
effected only in accordance with FAR part 13 and JAR 2813, subject to
the following:
(1) The amount of any one purchase does not exceed 10 percent of the
small purchase limitation;
(2) A purchase order is not required by either the supplier or the
Government;
(3) Appropriate invoices can be obtained from the supplier; and
(4) The items to be purchased shall be domestic source end products,
except as provided in FAR subpart 25.1.
(b) Use of the certified invoice procedures does not eliminate the
requirements in FAR part 13 or JAR part 2813 to:
(1) Reserve small purchases for small business in accordance with the
Small Business Investment Act of 1958, as amended (15 U.S.C. 661, et
seq.), or document the file as to why a small business was not selected;
(2) Certify that the quality and quantity of item/services furnished
are in accordance with the verbal agreement made with the vendor; and
(3) Obtain competitive quotes as is reasonable for the item being
purchased.
(c) The Chief of the Contracting Office, as defined in JAR 2802.
102(f), shall delegate the authority to use the certified invoice
procedure. Each delegation must specify any limitation placed on the
individual's use of these procedures, such as limits on the amount of
each purchase, or limits on the commodities, or services which can be
procured.
(d) Each individual using this purchasing technique shall require the
supplier to immediately submit properly prepared invoices which itemize
property or services furnished. Upon receiving the invoice, the
individual making the purchase shall annotate the invoice with the date
of receipt, verify the arithmetic accuracy of the invoiced amount and
verify on the invoice that the supplies and/or services have been
received and accepted. If the invoice is correct, the individual making
the purchase shall sign the invoice indicating acceptance and
immediately forward it to his/her Executive Office. The invoice shall
be approved by his/her appropriate administrative office and be
forwarded to the Finance Office for payment within 5 workdays after
receipt of the invoice, or acceptance of supplies or services, whichever
is later. Before forwarding the invoice to Finance, the administrative
office shall place the following statement on the invoice, along with
the accounting and appropriation data:
I certify that these goods and/or services were received on XXXXXX
(date) and accepted on XXXXXX (date). Oral purchase was authorized and
no confirming order has been issued.
--
Signature
--
Date
--
Printed or Typed Name and Title
48 CFR 2813.7002 PART 2814 -- SEALED BIDDING
Sec.
2814.000 Scope of part.
48 CFR 2813.7002 Subpart 2814.4 -- Opening of Bids and Award of Contract
2814.401 Receipt and safeguarding of bids.
2814.402 Opening of bids.
2814.406-370 Other mistakes disclosed before award.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and
0.76(j).
Source: 50 FR 4459, Jan. 30, 1985, unless otherwise noted.
48 CFR 2814.000 Scope of part.
This part prescribes requirements, policies, and procedures for the
solicitation, evaluation, and award of contracts for supplies, services,
and construction under the sealed bidding method.
(Approved by the Office of Management and Budget under control number
1105-0028)
(50 FR 4459, Jan. 30, 1985, as amended at 50 FR 29801, July 22, 1985)
48 CFR 2814.000 Subpart 2814.4 -- Opening of Bids and Award of Contract
48 CFR 2814.401 Receipt and safeguarding of bids.
All bids, including amendments to Invitation For Bids, received
before the time set for opening shall be kept secure, and shall remain
unopened in locked safes.
48 CFR 2814.402 Opening of bids.
The contracting officer responsible for issuing the solicitation is
also responsible for making all necessary arrangements for the opening
and recording of bids in accordance with FAR 14.402.
48 CFR 2814.406-370 Other mistakes disclosed before award.
(a) The authority to make determinations under paragraphs (a), (b),
(c), and (d) of FAR Subsection 14.406-3 is delegated to those
individuals listed in subpart 2801.6, Contracting Authority and
Responsibility, section 2801.601. Such authority may be redelegated in
accordance with FAR 14.406-3(e).
(b) Copies of all records, documentation, and determinations made
with respect to mistakes in bids shall be kept in the contract file to
which they pertain.
(c) The following procedures shall be followed when submitting
doubtful cases of mistakes in bids to the Comptroller General for an
advance decision.
(1) Requests for advance decisions submitted to the Comptroller
General in cases of mistakes in bids shall be made by those individuals
in paragraph (a) of this section with the authority to make
determinations under this subpart.
(2) Requests for advance decisions shall be in writing, dated, signed
by the requestor, addressed to the Comptroller General of the United
States, General Accounting Office, Washington, DC 20548, and contain the
following:
(i) The name and address of the party requesting the decision;
(ii) A statement of the question to be decided, a presentation of all
relevant facts, and a statement of the requesting party's position with
respect to the question; and,
(iii) Copies of all pertinent records and supporting documentation.
48 CFR 2814.406-370 PART 2815 -- CONTRACTING BY NEGOTIATION
48 CFR 2814.406-370 Subpart 2815.4 -- Solicitation and Receipt of
Proposals and Quotations
Sec.
2815.405 Solicitations for informational and planning purposes.
2815.408 Issuing solicitations.
2815.411 Receipt of proposals and quotations.
48 CFR 2814.406-370 Subpart 2815.5 -- Unsolicited Proposals
2815.506 Agency procedures.
48 CFR 2814.406-370 Supbart 2815.8 -- Price Negotiation
2815.803-70 General.
2815.804-370 Waiver of submission of certified cost or pricing data.
2815.805-570 Field pricing support.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and
0.76(j).
Source: 50 FR 4459, Jan. 30, 1985, unless otherwise noted.
48 CFR 2814.406-370 Subpart 2815.4 -- Solicitation and Receipt of Proposals and Quotations
48 CFR 2815.405 Solicitations for informational and planning purposes.
When a solicitation for informational or planning purposes is to be
issued, the contracting officer shall make a written determination that
such solicitation is justified. This determination shall be approved at
one level above the contracting officer. Such approval shall be
signified by the signature of the appropriate official on the
determination.
(Approved by the Office of Management and Budget under control number
1105-0028)
48 CFR 2815.408 Issuing solicitations.
Solicitations involving classified information shall be handled in
accordance with the policies and procedures contained in departmental
and other OBDB prescribed policies and regulations that supplement
Departmental regulations. Such supplemental regulations must have the
prior approval of the AAG/A before implementation in accordance with the
Departmental regulations.
(Approved by the Office of Management and Budget under control number
1105-0028)
48 CFR 2815.411 Receipt of proposals and quotations.
Classified proposals and quotations shall be handled in accordance
with agency regulations and any supplemental directives or orders
implemented by the OBDBs.
48 CFR 2815.411 Subpart 2815.5 -- Unsolicited Proposals
48 CFR 2815.506 Agency procedures.
(a) Each contracting activity of the Department as defined in
2802.1(a) shall designate a point of contact for the receipt and
handling of unsolicited proposals. Generally, the official designated
shall be the chief of the contracting office as defined in 2802.1(f) or
immediate subordinate.
(b) The following points of contact have been designated:
(1) For the OBDs -- The Assistant Director, Procurement Service, PCS.
(c) The designated point of contact for each contracting activity
shall provide for and coordinate receipt, review, evaluation, and final
disposition of unsolicited proposals in accordance with FAR 15.506
through 15.509.
(d) The contracting officer shall advise the members of the
evaluation committee of the Standards of Conduct contained in 28 CFR
part 45. Each member of the evaluation committee shall certify in
writing that he/she has no apparent or actual conflict of interest.
Committee members who become aware of a conflict of interest during the
course of the proceedings shall report such conflicts, whether real or
apparent, to the contracting officer immediately following such
awareness. The contracting officer shall take immediate action to
dismiss the committee member and appoint a replacement. If the
contracting officer determines that dismissal is not necessary, such
determination shall be made in writing and approved by the head of the
contracting activity.
48 CFR 2815.506 Subpart 2815.8 -- Price Negotiation
48 CFR 2815.803-70 General.
In a contractor insists on a price or demands a profit or fee that
the contracting officer considers unreasonable and the contracting
officer has taken all authorized actions to negotiate a reasonable price
or profit or fee without success, the contracting officer shall then
refer the contract action to the Office of the Procurement Executive for
the OBD's, or to the appropriate official for their agency listed in
2801.601(a) or their designee in accordance with bureau procedures.
(50 FR 4459, Jan. 30, 1985, as amended at 50 FR 29801, July 22, 1985)
48 CFR 2815.804-370 Waiver of submission of certified cost or pricing
data.
In exceptional cases,the requirement for submission of certified cost
or pricing data may be waived. The authorization to waive such
requirement shall be in writing and shall set forth the relevant
circumstances, including reasons for granting such waiver and the
contracting officer's recommendation. The authorization shall be
approved by the appropriate agency officials listed in 2801.601(a) or
his/her designee in accordance with agency procedures.
48 CFR 2815.805-570 Field pricing support.
Field pricing support is available to the Department components
through the Office of Inspector General. All requests for audit
assistance shall be directed to the Assistant Inspector General for
Audits, Suite 701, 4 Skyline Place, 5113 Leesburg Pike, Falls Church, VA
22041.
(56 FR 26341, June 7, 1991)
48 CFR 2815.805-570 PART 2816 -- TYPES OF CONTRACTS
Sec.
2816.000 Scope of part.
48 CFR 2815.805-570 Subpart 2816.6 -- Time-and-Materials, Labor-Hour,
and Letter Contracts
2816.603 Letter contracts.
2816.603-270 Application.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and
0.76(j).
48 CFR 2816.000 Scope of part.
This part describes types of contracts that may be used in
acquisitions other than small purchases under FAR part 13 and part 2813
of this chapter. It prescribes policies and procedures and provides
guidance for selecting a contract type appropriate to the circumstances
of the acquisition.
(50 FR 4461, Jan. 30, 1985)
48 CFR 2816.000 Subpart 2816.6 -- Time-and-Materials, Labor-Hour, and Letter Contracts
48 CFR 2816.603 Letter contracts.
48 CFR 2816.603-270 Application.
In cases where the contracting officer and the contractor cannot
negotiate the definitization of a letter contract within 180 days after
the date of the letter contract, or before completion of 40 percent of
the work to be performed, the contracting officer may, with the written
approval of the head of the contracting activity, revise and extend the
definitization schedule. However, in no event shall the extension of
the definitization schedule extend beyond the lesser of: An additional
180 day period or the completion of 80 percent of the work to be
performed. If at the end of the extension the contracting officer and
the contractor cannot negotiate a definitive contract because of failure
to reach an agreement on price or fee, the procedures set forth in FAR
52.216-25, FAR 16.603-2, 15.8, and Part 31 shall be followed as
applicable.
(50 FR 4461, Jan. 30, 1985)
48 CFR 2816.603-270 PART 2817 -- SPECIAL CONTRACTING METHODS
48 CFR 2816.603-270 Subpart 2817.2 -- Options
Sec.
2817.200 Scope of Subpart.
48 CFR 2816.603-270 Subpart 2817.5 -- Interagency Acquisitions Under the
Economy Act
2817.502-70 General.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and
0.76(j).
48 CFR 2816.603-270 Subpart 2817.2 -- Options
48 CFR 2817.200 Scope of Subpart.
FAR subpart 17.2 prescribes policies and procedures for the use of
option solicitation provisions and contract clauses. For
standardization purposes, the option solicitation provisions and
contract clauses will be used in all applicable Department of Justice
procurement documents, including those for services involving the
construction, alteration, or repair of buildings, bridges, roads, or
other kinds of real property; architect-engineer services; research
and development services; and for automatic data processing (ADP)
equipment systems and telecommunications equipment and services, unless
the Federal Information Resources Management Regulation (FIRMR) is
applicable.
(57 FR 24559, June 10, 1992)
48 CFR 2817.200 Subpart 2817.5 -- Interagency Acquisitions Under the Economy Act
48 CFR 2817.502-70 General.
For the purposes of FAR 17.502, the head of the requesting agency
responsible for making the required written determination shall be the
individuals listed in 2801.601(a) or their designee.
(50 FR 4462, Jan. 30, 1985)
48 CFR 2817.502-70 SUBCHAPTER D -- SOCIOECONOMIC PROGRAMS
48 CFR 2817.502-70 PART 2819 -- SMALL AND DISADVANTAGED BUSINESS CONCERNS
48 CFR 2817.502-70 Subpart 2819.2 -- Policies
Sec.
2819.201 General policy.
48 CFR 2817.502-70 Subpart 2819.5 -- Set-Asides for Small Business
2819.506 Withdrawing or modifying set-asides.
48 CFR 2817.502-70 Subpart 2819.70 -- Forecasts of Expected Contract
Opportunities
2819.701 General.
2819.702 Procedures.
Authority: 28 U.S.C. 509 and 510; 15 U.S.C. 644(k); 28 CFR
0.18(a)(4).
Source: 50 FR 4462, Jan. 30, 1985, unless otherwise noted.
48 CFR 2817.502-70 Subpart 2819.2 -- Policies
48 CFR 2819.201 General policy.
(a) The Office of Small and Disadvantaged Business Utilization is
organizationally attached to the Office of the Deputy Attorney General
in accordance with 28 CFR 0.18(a).
(b) The Director, Office of Small and Disadvantaged Business
Utilization is responsible for the administration of the DOJ small and
disadvantaged business programs in accordance with the duties described
in 28 CFR 0.18(a).
48 CFR 2819.201 Subpart 2819.5 -- Set-Asides for Small Business
Source: 54 FR 40878, Oct. 4, 1989, unless otherwise noted.
48 CFR 2819.506 Withdrawing or modifying set-asides.
Before a contracting officer may withdrawn or modify a small business
set-aside, the contracting officer shall seek the concurrence of the
Director, Office of Small and Disadvantaged Business Utilization
(OSDBU). If the contracting officer and the Director, OSDBU, are unable
to agree on the proposed withdrawal or modification, the Director, OSDBU
shall forward the matter to the Deputy Attorney General for resolution.
48 CFR 2819.506 Subpart 2819.70 -- Forecasts of Expected Contract Opportunities
48 CFR 2819.701 General.
Section 501 of Public Law 100-656 the Business Opportunity
Development Reform Act of 1988 requires executive agencies having
contract actions in excess of $50 million in Fiscal Year 1988 or later
to prepare an annual forecast of expected contract opportunities, or
classes of contract opportunities that small business concerns,
including those owned and controlled by socially and economically
disadvantaged individuals, are capable of performing.
(56 FR 26341, June 7, 1991)
48 CFR 2819.702 Procedures.
The content and format of bureau annual forecasts of contract
opportunities, as well as the updates to their contracting forecasts
shall be as specified by the Director, OSDBU. Updates should be
prepared and submitted at the same time the bureaus prepare their
semiannual reviews of their advance procurement plans, in April and
October.
(56 FR 26341, June 7, 1991)
48 CFR 2819.702 PART 2822 -- APPLICATION OF LABOR LAWS TO GOVERNMENT
ACQUISITIONS
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and
0.76(j).
Source: 50 FR 4462, Jan. 30, 1985, unless otherwise noted.
48 CFR 2819.702 Subpart 2822.1 -- Basic Labor Policies
48 CFR 2822.103-4 Overtime approvals.
The inclusion of a dollar amount greater than zero in paragraph (a)
of the FAR clause 52.222-2, Payment for overtime premiums, must be
approved at a level above the contracting officer. Such approval shall
be signified by the signature of the approving official on the
contracting officer's written determination made in accordance with FAR
22.103-4.
48 CFR 2822.103-4 PART 2824 -- PROTECTION OF PRIVACY AND FREEDOM OF
INFORMATION
Authority: 28 U.S.C. 510; 5 U.S.C. 301, 552.
48 CFR 2824.202 Policy.
Procedures for processing FOIA/PA requests for JMD records are set
forth in departmental regulations and 28 CFR part 16.
(50 FR 4462, Jan. 30, 1985)
48 CFR 2824.202 PART 2825 -- FOREIGN ACQUISITIONS
48 CFR 2824.202 Subpart 2825.1 -- Buy American Act -- Supplies
Sec.
2825.102-70 Policy.
2825.105-70 Evaluating offers.
2825.108-70 Excepted articles, materials, and supplies.
48 CFR 2824.202 Subpart 2825.2 -- Buy American Act -- Construction
Materials
2825.202-70 Policy.
2825.203-70 Evaluating offers.
48 CFR 2824.202 Subpart 2825.3 -- Balance of Payments Program
2825.302-70 Policy.
48 CFR 2824.202 Subpart 2825.9 -- Omission of the Examination of Records
Clause
2825.903-70 Conditions for omission.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c), 28 CFR 0.75(j) and
0.76(j).
Source: 50 FR 4462, Jan. 30, 1985, unless otherwise noted.
48 CFR 2824.202 Subpart 2825.1 -- Buy American Act -- Supplies
48 CFR 2825.102-70 Policy.
(a) The agency officials authorized to make determinations under FAR
25.102(a)(3) that domestic preference would be inconsistent with the
public interest are those individuals listed in 2801.601(a).
Determinations made under this authority shall cite the rationale
supporting the decision not to apply the domestic preference criteria
and shall be reviewed and concurred in by the contracting activity's
procurement counsel prior to approval by the appropriate agency
official.
(b) The agency officials authorized to make determinations under FAR
25.102(a)(4) are the officials referenced in paragraph (a) of this
section or their designees. Determinations made under this subpart
shall cite the rationale supporting the determination and shall be
reviewed and concurred in by the contracting activity's procurement
counsel prior to approval by the appropriate agency official.
48 CFR 2825.105-70 Evaluating offers.
The agency officials authorized to make a determination that the
offered price of a domestic end product is unreasonable when the lowest
priced acceptable domestic offer exceeds the lowest priced acceptable
foreign offer inclusive of duty when the factors set forth in FAR 25.105
have been applied, are those officials listed in 2801.601(a).
48 CFR 2825.108-70 Excepted articles, materials, and supplies.
The agency officials cited in 2825.102-70(b) and 2825.202-70(b) who
are responsible for making the determinations authorized under those
sections shall be responsible for providing the notification of excepted
articles, materials, and supplies required by FAR 25.108(b) and (c).
48 CFR 2825.108-70 Subpart 2825.2 -- Buy American Act -- Construction Materials
48 CFR 2825.202-70 Policy.
(a) The agency officials authorized to make determinations under FAR
25.202(a)(2) that the use of a particular construction material would be
impracticable are those individuals listed in 2801.601(a).
Determinations made under this authority shall cite the rationale
supporting the determination and shall be reviewed and concurred in by
the contracting activity's procurement counsel prior to approval by the
appropriate agency official.
(b) The agency officials authorized to make determinations under FAR
25.202(a)(3) are the officials referenced in paragraph (a) of this
section or their designees. Determinations made under this subpart
shall cite the rationale supporting the determination and shall be
reviewed and concurred in by the agency's procurement counsel prior to
approval by the appropriate agency official.
48 CFR 2825.203-70 Evaluating offers.
The agency officials authorized to make a determination that using a
particular domestic construction material would unreasonably increase
the cost of the acquisition or would be impracticable are those
officials listed in 2801.601(a).
48 CFR 2825.203-70 Subpart 2825.3 -- Balance of Payments Program
48 CFR 2825.302-70 Policy.
The agency officials authorized to make determinations under FAR
25.302(b)(3), as well as authorize the use of a differential greater
than 50 percent for the evaluation of domestic and foreign offers under
the Balance of Payments Program, are those officials listed in
2801.601(a) or their designees. All determinations made under this part
shall be in writing and shall set forth the facts and circumstances
supporting the determination. Determinations shall be reviewed and
concurred in by the contracting activity's procurement counsel.
Authorizations to use a differential greater than 50 percent for the
evaluation of domestic and foreign offers under the Balance of Payments
Program (ref. FAR 25.302(c) and 25.303(b)) shall also require a written
determination.
48 CFR 2825.302-70 Subpart 2825.9 -- Omission of the Examination of Records Clause
48 CFR 2825.903-70 Conditions for omission.
The agency officials authorized to make determinations under FAR
25.903(a)(1) are those individuals listed in 2801.601(a). All
determinations made under this authority shall conform to FAR 25.904 and
be reviewed and concurred in by the contracting activity's procurement
counsel prior to being approved by the authorized agency official.
48 CFR 2825.903-70 SUBCHAPTER E -- GENERAL CONTRACTING REQUIREMENTS
48 CFR 2825.903-70 PART 2828 -- BONDS AND INSURANCE
Sec.
2828.000 Scope of part.
48 CFR 2825.903-70 Subpart 2828.1 -- Bonds
2828.105 Other types of bonds.
2828.106-270 Substitution of surety bonds.
48 CFR 2825.903-70 Subpart 2828.2 -- Sureties
2828.203 Options in lieu of sureties.
48 CFR 2825.903-70 Subpart 2828.3 -- Insurance
2828.307 Group insurance plans.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and
0.76(j).
Source: 50 FR 4463, Jan. 30, 1985, unless otherwise noted.
48 CFR 2828.000 Scope of part.
This part prescribes requirements for obtaining financial protection
against damages under advertised and negotiated contracts. It covers
bid guarantees, bonds, sureties, and insurance. The terms ''bid'' and
''bidders'' as used in this part include ''proposal'' and ''offerors.''
48 CFR 2828.000 Subpart 2828.1 -- Bonds
48 CFR 2828.105 Other types of bonds.
The head of the contracting activity may approve the use of other
types of bonds in connection with acquiring particular supplies or
services. These types include advance payments bonds and patent
infringement bonds. When the contracting officer determines in writing
that it is in the Government's best interest to secure either type of
bond, he shall submit his written determination which sets forth the
pertinent circumstances and the rationale for the necessity of securing
such bonds, to the head of the contracting activity for approval.
48 CFR 2828.106-270 Substitution of surety bonds.
(a) A new surety bond covering all or part of the obligations on a
bond previously approved may be substituted for the original bond if
approved by the head of the contracting activity.
(b) When the contracting officer determines in writing that it is in
the Government's best interest to substitute sureties he will set forth
his rationale in the determination and submit it to the head of the
contracting activity for approval.
(c) When so approved and authorized by the head of the contracting
activity, the contracting officer shall notify the principal and surety
of the original bond, that the original bond will not be considered as
security for any default occurring after the date of acceptance of the
new bond.
48 CFR 2828.106-270 Subpart 2828.2 -- Sureties
48 CFR 2828.203 Options in lieu of sureties.
When contractors submit any of the types of security described in FAR
28.203 in lieu of furnishing sureties, the contracting officer shall
enter into an agreement with the contractor covering a bank account, and
suitable covenants protecting the Government's interest, in which the
securities will be deposited to protect against their loss during the
period of the bond obligation.
48 CFR 2828.203 Subpart 2828.3 -- Insurance
48 CFR 2828.307 Group insurance plans.
Under cost-reimbursement contracts, before buying insurance under a
group insurance plan, the contractor shall submit the plan to the
contracting officer for review. During review, the contracting officer
should utilize all sources of information available such as audit,
industry practices, etc., to determine that acceptance of the group
insurance plan, as submitted, is in the Government's best interest,
prior to submitting the determination and the plan to the head of the
contracting activity for approval.
48 CFR 2828.307 PART 2829 -- TAXES
Sec.
2829.000 Scope of part.
48 CFR 2828.307 Subpart 2829.1 -- General
2829.101-70 Resolving tax problems.
48 CFR 2828.307 Subpart 2829.3 -- State and Local Taxes
2829.303-70 Application of State and local taxes to government
contractors and subcontractors.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and
0.76(j).
Source: 50 FR 4463, Jan. 30, 1985, unless otherwise noted.
48 CFR 2829.000 Scope of part.
This part prescribes policies and procedures for (a) resolving tax
problems and (b) asserting immunity or exemption from taxes. It
provides general policy and guidance for DOJ personnel.
48 CFR 2829.000 Subpart 2829.1 -- General
48 CFR 2829.101-70 Resolving tax problems.
Agency designated legal counsel is responsible for resolving tax
issues which affect the agency.
48 CFR 2829.101-70 Subpart 2829.3 -- State and Local Taxes
48 CFR 2829.303-70 Application of State and local taxes to government
contractors and subcontractors.
(a) It is DOJ policy that DOJ contracts shall not contain clauses
expressly designating prime contractors as agents of the Government for
the purpose of avoiding State and local taxes.
(b) Although circumstances may exist under which a contractor is an
agent of the Government, even in the absence of a contract clause
expressly designating a contractor as such, these circumstances should
be extremely rare. Before any DOJ procuring activity may contend that
any of its contractors are agents of the Government for the purpose of
claiming immunity from State and local sales and use taxes, the matter
will be referred to the AAG/A for review, and approval to ensure that
DOJ policy is complied with and that the procuring activity's contention
is fully in accordance with the pertinent legal principles and
precedents. Each case forwarded will be reviewed by the head of the
contracting activity before referral to the AAG/A. The referral will
include all pertinent data on which the procuring activity's contention
is based, together with a thorough analysis of all relevant legal
precedents.
(c) Whenever clauses, procedures, and business practices are cited by
DOJ procurring activities to support the contention that a contractor is
an agent of the Government for the purpose of immunity from a State or
local sales or use tax, contracting activities should whenever possible,
devise alternative clauses, procedures, and practices for future use
which will accomplish their intended purpose without providing the basis
for contention that the contractor is an agent of the Government for the
purpose of immunity from State and local sales or use taxes. Any
referral to the AAG/A for approval under this subpart shall include
comments on the extent to which alternative clauses, procedures, or
practices may be utilized to accomplish the intended purpose without
providing the basis for the contention that the contractor is an agent
of the Government for the purpose of immunity from State and local sales
or use taxes.
48 CFR 2829.303-70 PART 2830 -- COST ACCOUNTING STANDARDS
Sec.
2830.000 Scope of part.
48 CFR 2829.303-70 Subpart 2830.2 -- Disclosure Requirements
2830.201-270 Impracticality of submission.
48 CFR 2829.303-70 Subpart 2830.3 -- Cost Accounting Standards Contract
Requirements
2830.304-70 Waiver.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and
0.76(j).
Source: 50 FR 4464, Jan. 30, 1985, unless otherwise noted.
48 CFR 2830.000 Scope of part.
This part describes policies and procedures for applying the Cost
Accounting Standards Board (CASB) standards and regulations which the
Administrator of the General Services Administration, as a matter of
policy, has directed to be applied to certain nondefense contracts.
This part does not apply to formally advertised contracts or to any
contract with a small business concern (see FAR 30.301(b) for other
exemptions).
48 CFR 2830.000 Subpart 2830.2 -- Disclosure Requirements
48 CFR 2830.201-270 Impracticality of submission.
When the contracting officer has determined that it is impractical to
secure a Disclosure Statement, as required under FAR 30.2, he will
document the reasons and rationale for such impracticability and forward
the determination, and an explanatory cover letter which sets forth the
pertinent circumstance and details the contracting officer's attempts to
secure such Disclosure Statement, to the Office of the Procurement
Executive for review of the documentation prior to forwarding it to the
AAG/A for signature.
(50 FR 4464, Jan. 30, 1985, as amended at 50 FR 29808, July 22, 1985)
48 CFR 2830.201-270 Subpart 2830.3 -- Cost Accounting Standards Contract Requirements
48 CFR 2830.304-70 Waiver.
All requests for a waiver of the Cost Accounting Standards
requirements shall be forwarded through the DOJ Procurement Executive to
the AAG/A after the contracting officer has made the determination
required by FAR 30.304(a).
48 CFR 2830.304-70 PART 2831 -- CONTRACT COST PRINCIPLES AND PROCEDURES
Sec.
2831.000 Scope of part.
48 CFR 2830.304-70 Subpart 2831.1 -- Applicability
2831.101-70 Objectives.
2831.109-70 Advance agreements.
48 CFR 2830.304-70 Subpart 2831.2 -- Contracts With Commercial
Organizations
2831.205 Selected costs.
2831.205-3270 Precontract costs.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and
0.76(j).
Source: 50 FR 4464, Jan. 30, 1985, unless otherwise noted.
48 CFR 2831.000 Scope of part.
This part contains cost principles and procedures for (a) the pricing
of contracts, subcontracts, and modifications to contracts and
subcontracts whenever cost analysis is performed and (b) the
determination, negotiation, or allowance of costs when required by a
contract clause.
48 CFR 2831.000 Subpart 2831.1 -- Applicability
48 CFR 2831.101-70 Objectives.
(a) The DOJ Procurement Executive is the AAG/A's designee with
respect to the granting of individual deviations to the cost principles
of FAR part 31. All requests for individual deviations must cite the
facts and circumstances surrounding the request as well as attempts
negotiate contractor compliance.
(b) Requests for class deviations from the cost principles set forth
in FAR part 31 will be forwarded through the Office of the Procurement
Executive prior to submission to the Civilian Agency Acquisition
Counsel. Requests must contain the information required in paragraph
(a) of this section.
(50 FR 4464, Jan. 30, 1985, as amended at 50 FR 29809, July 22, 1985)
48 CFR 2831.109-70 Advance agreements.
(a) The DOJ and bureau contracting officers are encouraged to
negotiate advance agreements concerning the treatment of special or
unusual costs to avoid possible subsequent disputes or disallowance of
costs based upon unreasonableness or nonallowability. All such
agreements shall be negotiated prior to the incurring of such costs by
the contractor and in accordance with FAR 31.109. Contracting officers
are not authorized to agree to a treatment of costs which would be
inconsistent with FAR part 31.
(b) Prior to negotiating an advance agreement, contracting officers
shall make a written determination setting forth the reasons and
rationale for entering into such advance agreement. In addition, the
determination will set forth the nature, the duration, and which
contract or contracts are covered by the proposed agreement. All
determinations required by this subpart will be reviewed and approved at
a level above the contracting officer prior to negotiation of the
proposed agreement. The approved determination will be placed in the
contract file.
(c) All advance agreements shall be in writing and shall set forth
the nature, duration, and contract or contracts covered by the
agreements. Advance agreements will be signed by both the contractor
and the contracting officer, and made a part of the contract file.
Copies of executed advance agreements will be distributed to the
cognizant audit office when applicable.
(d) All advance agreements will be incorporated in full in the
subsequent contract(s) to which they pertain, prior to award.
48 CFR 2831.109-70 Subpart 2831.2 -- Contracts With Commercial
Organizations
2831.205 Selected costs.
48 CFR 2831.205-3270 Precontract costs.
(a) Precontract cost authorizations shall be used only on cost
reimbursement contracts, contain no provisions for payment of fees, and
be treated as advance agreements in accordance with the provisions of
FAR 31.109 and 2831.109-70 of this chapter.
(b) The following limitations apply to the execution of precontract
cost authorizations.
(1) Contracts which are estimated to be $100,000 or less may contain
a precontract cost authorization providing the authorization is for a
period of 30 days or less and the dollar amount does not exceed one
third of the total estimated costs (including fee if any) of the
contract.
(2) Contracts which are estimated to be greater than $100,000 may
contain a precontract cost authorization providing the authorization is
for a period of 60 days or less and the dollar amount does not exceed
the lesser of $100,000 or one third of the total estimated costs
(including fee if any) of the contract.
(3) The limitations expressed under paragraphs (b) (1) and (2) of
this section may be increased in unusual circumstances as appropriate,
with the written approval of the head of the contracting authority, but
in no event shall they exceed one-third of the total estimated costs
(including fee if any) of the contract or be for periods of time which
exceed 90 days.
48 CFR 2831.205-3270 PART 2832 -- CONTRACT FINANCING
Sec.
2832.000 Scope of part.
48 CFR 2831.205-3270 Subpart 2832.4 -- Advance Payments
2832.400 Scope of subpart.
2832.402-70 General.
2832.407-70 Interest.
48 CFR 2831.205-3270 Subpart 2832.70 -- Prompt Payment
2832.7000 Scope of subpart.
2832.7001 Policy.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and
0.76(j).
Source: 50 FR 4464, Jan. 30, 1985, unless otherwise noted.
48 CFR 2832.000 Scope of part.
This part prescribes policies and procedures for contract financing
and other payment matters.
48 CFR 2832.000 Subpart 2832.4 -- Advance Payments
48 CFR 2832.400 Scope of subpart.
This subpart provides policies and procedures for advance payments on
prime contracts and subcontracts.
48 CFR 2832.402-70 General.
(a) The authority to sign written determinations and findings with
respect to making advance payments is vested in those individuals listed
in 2801.601(a) for their respective bureaus.
(b) Prior to awarding a contract which contains provisions for making
advanced payments, the contract terms and conditions concerning advance
payments must be approved at a level above the Contracting Officer, with
the advice and consent of the bureau's legal counsel.
(c) The Contracting Officer shall coordinate with the activity that
is to provide contract financing for advance payments, the bureau's
disbursing or finance office, or the Treasury Department, as
appropriate, to ensure that all FAR and departmental requirements are
met.
48 CFR 2832.407-70 Interest.
In cases where advance payments may be made on an interest free basis
(FAR 32.407(d)), the intent to make such interest free advance payments,
and the circumstance permitting interest free advance payments, shall be
set forth in the original determination and findings and be approved in
accordance with 2832.402-70(a).
48 CFR 2832.407-70 Subpart 2832.70 -- Prompt Payment
48 CFR 2832.7000 Scope of subpart.
This subpart provides policies and procedures for implementing FAR
32.9 -- Prompt Payment.
(53 FR 12421, Apr. 14, 1988)
48 CFR 2832.7001 Policy.
The head of each contracting activity is responsible for promulgating
procedures to ensure that, when specifying due dates, full consideration
will be given to the time reasonably required by Government officials to
fulfill their administrative responsibilities under the contract.
(53 FR 12421, Apr. 14, 1988)
48 CFR 2832.7001 PART 2833 -- DISPUTES AND APPEALS
Sec.
2833.000 Scope of part.
2833.009-70 Suspected fraudulent claims.
2833.011-70 Contracting officer's decision.
48 CFR 2832.7001 Subpart 2833.1 -- Protests
2833.105-70 Protests to GSBCA.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and
0.76(j).
Source: 50 FR 4465, Jan. 30, 1985, unless otherwise noted.
48 CFR 2833.000 Scope of part.
This part prescribes policies and procedures for processing contract
disputes and appeals.
48 CFR 2833.009-70 Suspected fraudulent claims.
Contracting officers shall report suspected fraudulent claims to the
Director, Commercial Litigation Branch, Civil Division, Room 1138, TODD
Building, Washington, DC, (Ref. 28 CFR 0.45(d)).
48 CFR 2833.011-70 Contracting officer's decision.
(a) The Agency Board of Contract Appeals (BCA) which will hear
appeals from the decisions of DOJ and bureau contracting officers is the
Department of Transportation BCA. The procedures set forth in 41 CFR
12-60 Contract Appeals Board shall apply.
(b) Pursuant to 28 CFR 0.45 the contact for all appeals of decisions
of DOJ contracting officers which will be forwarded to the BCA under
paragraph (a) of this section, should be sent to the Director,
Commercial Litigation Branch, Civil Division, Room 740, TODD Building,
Washington, DC 20530.
48 CFR 2833.011-70 Subpart 2833.1 -- Protests
48 CFR 2833.105-70 Protests to GSBCA.
(a) Upon notification of an ADP protest to the GSBCA, the contracting
officer shall forward, through the Bureau Procurement Chief, a
notification to the Procurement Executive. This notification should be
in the form of a memorandum and include the following information:
(1) Protestor.
(2) Nature of protest.
(3) Date protest received in GSBCA.
(4) Procurement item description.
(5) Estimated dollar amount.
(6) Status of award.
(7) Brief summary of bureau position regarding protestor's
allegations.
(b) The protest notification to the Procurement Executive should be
delivered within two working days after bureau notification. Copies to
all final decisions should be delivered to the Procurement Executive
within two working days after bureau notification.
(57 FR 24559, June 10, 1992)
48 CFR 2833.105-70 PART 2834 -- MAJOR SYSTEM ACQUISITION
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and
0.76(j).
48 CFR 2834.002-70 Policy.
In accordance with Pub. L. 98-577, the Small Business and Federal
Procurement Competition Enhancement Act of 1984, an executive agency may
establish dollar thresholds for the designation of a major system.
Accordingly, dollar thresholds for a major system under Office of
Management and Budget Circular A-109 are designated below.
(a) Major Automated Information System. Within the Department of
Justice, a major automated information system is one whose life cycle
cost is in excess of $40 million.
(b) Major Real Property System. (1) By purchase, when the assessed
value of the property exceeds $60 million.
(2) By lease, when the annual rental charges, including basic
services (e.g., cleaning, guards, maintenance), exceed $1.5 million.
(3) By transfer from another agency at no cost when the assessed
value of the property exceeds $12 million.
(c) Research and Development (R&D) System. Any R&D activity expected
to exceed $0.5 million for the R&D phase is subject to OMB Circular
A-109, unless exempted by the head of the contracting activity.
(d) Any Other System or Activity. The head of the contracting
activity responsible for the system may designate any system or activity
as a Major System under OMB Circular A-109 as a result of Departmental
review, e.g., selected systems designed to support more than one
principal organizational unit.
(e) Exemption. The Assistant Attorney General for Administration,
upon recommendation by the head of the contracting activity responsible
for the system, may determine that, because of the routine nature of the
acquisition, the system (e.g., an information system utilizing only
off-the-shelf hardware or software) will be exempt from the OMB Circular
A-109 process, although by virtue of its life cycle costs, it would
otherwise be identified as ''major'' in response to OMB Circular A-11.
(50 FR 29809, July 22, 1985, as amended at 52 FR 34390, Sept. 11,
1987; 57 FR 24559, June 10, 1992)
48 CFR 2834.002-70 SUBCHAPTER F -- SPECIAL CATEGORIES OF CONTRACTING
48 CFR 2834.002-70 PART 2835 -- RESEARCH AND DEVELOPMENT CONTRACTING
Sec.
2835.000 Scope of part.
2835.001-70 Definitions.
2835.003-70 Policy and procedures.
2835.005-70 Work statement.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and
0.76(j).
Source: 50 FR 4465, Jan. 30, 1985, unless otherwise noted.
48 CFR 2835.000 Scope of part.
This part prescribes policies and procedures with respect to the
special application of research and development (R&D) contracting.
48 CFR 2835.001-70 Definitions.
(a) Research is a systematic, intensive, scientific study including
experimentation directed toward increasing knowledge and understanding
of those fields of the sciences related to the solution of mission
related problems.
(b) Development as used in the JAR, is the systematic use of the
knowledge and understanding derived from research efforts directed
toward the solution of specific problems or the formulation of specific
projects or processes, and the subsequent production of useful
materials, devices, systems, methods, or prototypes.
(c) Research and development activities are those activities which
include: Strategic planning and analysis leading to the performance of
research or development; research or development leading to the
creation of prototype equipment or processes; as well as operational
testing; experimentation; field implementation; and evaluation of
such equipment or processes. The following are illustrative of research
and development activities: Theoretical analyses; exploratory studies
and experiments in any field of science and technology; developmental
efforts requiring the practical application of investigative findings
and theories of a scientific or technical nature; the use of such
quantities and kinds of equipment, supplies, parts, accessories, or
patent rights thereto and drawings or designs thereof as well as
services, tests, and reports necessary for, or incidental to the
performance of experimental, developmental or research work. The term
research and development activities, as used in this part, ordinarily
encompasses those activities listed above. However, in an exceptional
case, depending upon the particular facts, some kinds of efforts not set
forth above could be categorized as research and development activities
within this part. These activities do not ordinarily include: Routine
product testing; quality control; mapping; collection of general
purpose statistics; experimental production; routine evaluation of an
experimental program or an operational program; activities concerned
primarily with the dissemination of scientific information or the
training of scientific and technical personnel. However, in an
exceptional case, depending upon the particular facts and circumstances,
some kinds of efforts excluded in the preceding sentence could be
research and development activities within this supplemental regulation.
48 CFR 2835.003-70 Policy and procedures.
Requiring activities and contracting offices shall adhere to the
policies and procedures in this Section in acquiring R&D services.
(a) Acquisition approvals. All requirements for R&D activities of
more than $25,000 shall be submitted to the Assistant Attorney General
for Administration (AAG/A) for approval prior to solicitation and award
by the contracting office. Requirements for R&D will be submitted for
approval via the Systems Policy Staff, OIT, and the Office of the
Procurement Executive, who will review the submission and recommend to
the AAG/A the appropriate action. The proposed R&D project shall be
reviewed for the following elements.
(1) The requirement is not duplicative of any R&D activity previously
conducted or in progress.
(2) The statement of work clearly and adequately describes the
objectives of the R&D project.
(b) Contracting for R&D requirements. Approval of the requirement by
the AAG/A does not constitute approval of the method of procurement or
contract type. Such decisions will be made by the contracting officer
in accordance with applicable regulations.
(c) R&D requirements of $25,000 or less shall be approved by the
heads of the contracting activity as defined in 2802.102(c) following
review by the Systems Policy Staff and Office of the Procurement
Executive.
(51 FR 759, Jan. 8, 1986)
48 CFR 2835.005-70 Work statement.
(a) The preparation of a clear, concise, and complete statement of
work is essential to sound contracting for R&D activities. Work
statements must be individually tailored by technical and contracting
personnel to attain the desired degree of flexibility for contractor
creativity, both in submitting proposals and in contract performance.
Distinction must be made between level of effort (term) work statements
which generally require the furnishing of technical effort and a report
on the results thereof, and task (completion) work statements which
generally require development of tangible end items designed to meet
specific functional requirements.
(b) In preparing statements of work for R&D activities the following
elements shall be considered:
(1) A general description of the required objectives and the desired
results;
(2) All background information helpful to a clear understanding of
the requirements and how they evolved;
(3) Technical considerations which affect the requirements such as
known specific phenomena or techniques;
(4) A detailed description of the technical requirements and
subordinate or associated tasks;
(5) A description of the reporting requirements and any other
deliverable items such as data, experimental hardware, prototypes, etc.;
and,
(6) Other special considerations.
48 CFR 2835.005-70 SUBCHAPTER G -- CONTRACT MANAGEMENT
48 CFR 2835.005-70 PART 2845 -- GOVERNMENT PROPERTY
2845.000 Scope of part.
48 CFR 2835.005-70 Subpart 2845.1 -- General
2845.102 Policy.
2845.105 Records of Government property.
48 CFR 2835.005-70 Subpart 2845.5 -- Management of Government Property
in the Possession of Contractors
2845.505-14 Reports of Government property.
48 CFR 2835.005-70 Subpart 2845.6 -- Reporting, Redistribution, and
Disposal of Contractor Inventory
2845.603 Disposal methods.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75 (j) and 28
CFR 0.76(j).
Source: 53 FR 49666, Dec. 9, 1988, unless otherwise noted.
48 CFR 2845.000 Scope of part.
This part prescribes policies and procedures for providing Department
of Justice property to contractors; contractors' use, and management of
Departmental property; and reporting, redistribution and disposal of
contractor property.
48 CFR 2845.000 Subpart 2845.1 -- General
48 CFR 2845.102 Policy.
Subject to the provisions in part 45 of the Federal Acquisition
Regulations:
(a) The contracting officer is responsible for the delivery of
Government property to contractors and serves as property administrator
unless property administration responsibilities are explicitly delegated
in the contract. Property management responsibilities may be delegated
to contracting officer's technical representatives or other
representatives authorized to act in the contracting officer's behalf
with respect to Government-furnished property.
(b) The contracting officer shall ensure that contractor property
responsibilities are clearly delineated and that, consistent with
internal bureau policies and procedures, requirements are coordinated
with the bureau property managers before award and throughout the course
of a contract in which property is furnished.
48 CFR 2845.105 Records of Government property.
If departmental elements maintain the Government's official property
management records, the contract records may be kept as a separate
account in the bureau's internal property management system, in which
case the contracting officer or formally designated property
administrator shall serve as custodian of the account.
48 CFR 2845.105 Subpart 2845.5 -- Management of Government Property in the Possession of Contractors
48 CFR 2845.505-14 Reports of Government property.
(a) In compliance with FAR 45.505-14, by January 31 of each year, DOJ
contractors shall furnish the cognizant contracting officer an annual
report of the Department of Justice property for which they are
accountable as of the end of the calendar year.
(b) By March 1 of each year, bureaus shall submit a summary report of
Departmental property furnished under each contract, as of the end of
the calendar year, to the Facilities and Administrative Services Staff,
Justice Management Division. The report shall be categorized in
accordance with FAR subpart 45.505 and shall include contracts for which
the bureau maintains the official government records.
48 CFR 2845.505-14 Subpart 2845.6 -- Reporting, Redistribution, and Disposal of Contractor Inventory
48 CFR 2845.603 Disposal methods.
Policies pertaining to reutilization and disposal of Department of
Justice property, including requirements for internal screening,
waivers, and disposal reporting, are prescribed in the Justice Property
Management Regulations subpart 128-43. Unless otherwise specified, the
''plant clearance officer'' shall be a designated utilization and
disposal representative of a bureau's property management office.
48 CFR 2845.603 SUBCHAPTER H -- CLAUSES AND FORMS
48 CFR 2845.603 PART 2852 -- SOLICITATION PROVISIONS AND CONTRACT
CLAUSES
Sec.
2852.000 Scope of part.
48 CFR 2845.603 Subpart 2852.0 -- Instructions for Using Provisions and
Clauses
2852.100 Scope of subpart.
2852.101 Using part 2852.
2852.102 Incorporating provisions and clauses.
2852.102-70 Incorporation in full text.
2852.104-70 Procedures for modifying and completing JAR provisions
and clauses.
2852.105-70 Procedures for using alternates.
48 CFR 2845.603 Subpart 2852.2 -- Texts and Provisions of Clauses
2852.200 Scope of subpart.
2852.201-70 Contracting Officer's Technical Representative (COTR).
2852.210-70 Brand name or equal.
2852.232-79 Inspection and acceptance.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and
0.76(j).
Source: 50 FR 4466, Jan. 30, 1985, unless otherwise noted.
48 CFR 2852.000 Scope of part.
This part: gives instructions for using provisions and clauses in
solicitations and/or contracts; and, sets forth the solicitation
provisions and contract clauses prescribed by this regulation.
48 CFR 2852.000 Subpart 2852.1 -- Instructions for Using Provisions and Clauses
48 CFR 2852.100 Scope of subpart.
This subpart: gives instructions for using part 2852, including the
explanation of provisions and clauses; and, prescribes procedures for
modifying provisions and clauses in solicitations and contracts and for
using alternatives.
48 CFR 2852.101 Using Part 2852.
(a) Definitions:
Alternate means a substantive variation of a basic provision or
clause prescribed for use in a defined circumstance. It (1) adds
wording to, (2) deletes wording from, or (3) substitutes specified
wording for a portion of the basic provision or clause. The alternate
portion of the basic provision or clause is the basic provision or
clause as changed by the addition, deletion, or substitution.
Contract clause or clause means a term or condition used in contracts
or both solicitations and contracts which applies after contract award
or both before and after award.
Modification, as used in this subpart, means a minor change in the
details of a provision or clause that is specifically authorized by the
JAR and does not alter the substance of the provision or clause.
Solicitation provisions or provision means a term or condition used
only in solicitations and applying only before contract award.
Substantially as follows or substantially the same as, when used in
the prescription or preface of a provision or clause, means that
authorization is granted to prepare and utilize a variation of that
provision or clause to accommodate equipment peculiar to an individual
acquisition; provided that the variations include the salient features
of the JAR provision or clause and are not inconsistent with the intent,
principle, and substance of the JAR provision or clause or related
coverage of the subject matter.
(b) The numbering system used for JAR clauses follows to the extent
possible, the numbering system used in FAR part 52.
2852.102 Incorporating provisions and clauses.
48 CFR 2852.102-70 Incorporation in full text.
JAR provisions or clauses shall be incorporated in solicitations and
contracts in full text.
48 CFR 2852.104-70 Procedures for modifying and completing JAR
provisions and clauses.
(a) JAR provisions and clauses shall not be modified unless the JAR
authorizes their modification. Any such authorizations are contained in
the provision or clause preface.
(b) When modifying JAR provisions or clauses incorporated by
reference, insert the changed wording directly by substituting the
changed wording as permitted.
(c) When completing blanks in JAR provisions or clauses incorporated
in full text, insert the fill-in information in the blanks of the
provision or clause.
48 CFR 2852.105-70 Procedures for using alternates.
(a) A major variation in a JAR provision or clause is accommodated by
the use of an alternate. All alternates to a given provision or clause
as well as instructions for their use appear after the basic provision
or clause.
(b) Bureaus wishing to use an alternate for a JAR required provision
or clause must submit the proposed alternate to the Procurement
Executive for review and approval prior to using the proposed alternate.
(50 FR 4466, Jan. 30, 1985, as amended at 53 FR 49666, Dec. 9, 1988)
48 CFR 2852.105-70 Subpart 2852.2 -- Texts and Provisions of Clauses
48 CFR 2852.200 Scope of subpart.
This subpart sets forth the texts of all JAR provisions and clauses.
48 CFR 2852.201-70 Contracting Officer's Technical Representative
(COTR).
The following clause is recommended for use in solicitations and
contracts to delineate COTR responsibility and authority is accordance
with 2801.70.
(a) Mr./Ms. (Name) of (Organization) (Room No.), (Building),
(Address), (Area Code & Telephone No.), is hereby designated to act as
Contracting Officer's Technical Representative (COTR) under this
contract.
(b) The COTR is responsible for: receiving all deliverables;
inspecting and accepting the supplies or services provided hereunder in
accordance with the terms and conditions of this contract; providing
direction to the contractor which clarifies the contract effort, fills
in details or otherwise serves to accomplish the contractual Scope of
Work; evaluating performance; and certifying all invoices/vouchers for
acceptance of the supplies or services furnished for payment prior to
forwarding the original invoice to the payment office and a conformed
copy to the Contracting Officer.
(c) The COTR does not have the authority to alter the contractor's
obligations under the contract, direct changes that fall within the
purview of the General Provisions clause entitled ''Changes,'' and/or
modify any of the expressed terms, conditions, specification, or cost of
the agreement. If as a result of technical discussions it is desirable
to alter/change contractual obligations or the Scope of Work, the
Contracting Officer shall issue such changes in writing and signed.
48 CFR 2852.210-70 Brand name or equal.
This clause shall be used in accordance with 2810.004-70. (As used in
this clause, the term ''brand name'' includes identification of products
by make and model.) When this clause is used, the salient features of
the ''brand name'' item must be set forth in the solicitation in order
to permit offerors of ''equal products'' to bid.
(a) If items called for by this invitation for bids have been
identified in the schedule by a ''brand name or equal'' description,
such identification is intended to be descriptive but not restrictive,
and is to indicate the quality and characteristics of products that will
be satisfactory. Bids offering ''equal'' products (including products
of the brand name manufacturer other than the one described by brand
name) will be considered for award if such products are clearly
identified in the bids and are determined by the Government to meet
fully the salient characteristics and requirements listed in the
invitation.
(b) Unless the bidder clearly indicates in his bid that he is
offering an ''equal'' product, his bid shall be considered as offering a
brand name product referenced in the invitation for bids.
(c)(1) If the bidder proposes to furnish an ''equal'' product, the
brand name, if any, of the product to be furnished shall be inserted in
the space provided in the invitation for bids, or such product shall be
otherwise clearly identified in the bid. The evaluation of bids and the
determination as to equality of the product offered shall be the
responsibility of the Government and will be based on information
furnished by the bidder or identified in his bid as well as other
information reasonably availalbe to the purchasing activity. Caution to
Bidders: The purchasing activity is not responsible for locating or
securing any information which is not identified in the bid and
reasonably available to the purchasing activity. Accordingly, to ensure
that sufficient information is available, the bidder must furnish as a
part of his bid all descriptive material (such as cuts, illustrations,
drawings, or other information) necessary for the purchasing activity
to; (i) determine whether the product offered meets the salient
characteristics requirement of the invitation for bids, and (ii)
establish exactly what the bidder proposed to furnish and what the
Government would be binding itself to purchase by making an award. The
information furnished may include specific references to information
previously furnished or information otherwise available to the
purchasing activity.
(2) If the bidder proposes to modify a product so as to make it
conform to the requirements of the Invitation for Bids, he shall; (i)
include in his bid a clear description of such proposed modifications,
and (ii) clearly mark any descriptive material to show the proposed
modifications.
(3) Modifications proposed after the bid opening to make a product
conform to a brand name product referenced in the Invitation for Bids
will not be considered.
48 CFR 2852.232-79 Inspection and acceptance.
The following clause is recommended for use in solicitations and
contracts to establish definitive dates for inspection and acceptance.
(a) Inspection and acceptance of the supplies or services to be
furnished hereunder shall be performed at * ------ by the COTR or his
designated representative, in accordance with the Inspection clause and
any other provisions specified in this contract. The Government
reserves the right to conduct any tests it deems reasonably necessary to
ensure that the supplies or services provided conform in all respects to
the contract specifications. Supplies or services which upon inspection
are found not to be in conformance with contractual specifications shall
be promptly rejected and notice of such rejection, together with
appropriate instructions, will be provided the contractor by the
Contracting Officer.
(b) The Government will use its best efforts to inspect and
accept/reject the supplies or services provided within ** ------ days.
Failure of the Government to so inspect the supplies or services within
the above stated time shall not be construed as acceptance of such
supplies or services.
(Oct. 1988)
*Contracting officer to insert the appropriate place of inspection:
**Contracting officer to insert the appropriate number of days
required for inspection and acceptance.
(50 FR 4466, Jan. 30, 1985, as amended at 53 FR 49666, Dec. 9, 1988)
48 CFR 2852.232-79 SUBCHAPTER I -- SPECIAL AGENCY REGULATIONS
48 CFR 2852.232-79 PART 2870 -- ACQUISITION OF LEASEHOLD INTERESTS IN
REAL PROPERTY
Sec.
2870.000 Scope of part.
48 CFR 2852.232-79 Subpart 2870.1 -- Definitions
2870.101 Definitions.
48 CFR 2852.232-79 Subpart 2870.2 -- Agency Acquisition Regulations for
Leases of Real Property
2870.201 Authority to lease.
2870.202 Review by the Office of the Procurement Executive.
2870.203 Competition.
2870.204 Procedures for executing a lease.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(C); 28 CFR 0.75(j); and,
28 CFR 0.76(j).
Source: 56 FR 26342, June 7, 1991, unless otherwise noted.
48 CFR 2870.000 Scope of part.
This part prescribes policies and procedures relating to the
acquisition of real property whether the space is already in existence
or must be constructed. It does not apply to the acquisition of
leasehold interests in real property by the power of eminent domain or
by donation. The use of GSA clauses is not mandatory for leases of 180
days or less but must include all statutorily required clauses.
48 CFR 2870.000 Subpart 2870.1 -- Definitions
48 CFR 2870.101 Definitions.
Throughout this regulation the following words and terms are used as
defined in this subpart unless the context in which they appear clearly
requires a different meaning.
(a) Acquisition means the acquiring, by lease with appropriated
funds, of an interest in improved real property for use by the Federal
Government whether the space is already in existence or must be
constructed.
Acquisition begins at the point when agency needs are established and
includes the description of requirements to satisfy agency needs, market
survey, solicitation, award of lease, lease performance, lease
administration, and those technical and management functions directly
related to the process of fulfilling agency space needs by contract.
(b) Contract means lease.
(c) Contractor means lessor.
(d) Landlord or lessor means any individual, firm, partnership,
trust, association, State or local government, or other legal entity
that leases real property to the Government.
(e) Lease or leasehold interest in real property means a conveyance
to the Government of the right of exclusive possession of real property
for a definite period of time by a landlord. It may include services
provided by the landlord such as heating, ventilation, air conditioning,
utilities, custodial services, and other related services furnished by
the landlord.
48 CFR 2870.101 Subpart 2870.2 -- Agency Acquisition Regulations for Leases of Real Property
48 CFR 2870.201 Authority to lease.
The authority for Federal agencies to enter leases is found in 41 CFR
101-18.104. Contracting officers exercising leases on behalf of the
Department or of a bureau must assure that all necessary delegations
have been obtained from the General Services Administration (GSA) and
are within the authority of the Justice Property Management Regulations
(JPMR), subpart 128-1.60.
48 CFR 2870.202 Review by the Office of the Procurement Executive.
Leases are subject to the same review requirements as other types of
acquisitions, in accordance with the JAR 2801.602-70. These leases which
exceed the minimum dollar thresholds for contract review must be
submitted to the Office of the Procurement Executive for review and
approval prior to the signing of the lease agreement on behalf of the
Government.
48 CFR 2870.203 Competition.
The competition requirements of FAR part 6 apply to the acquisition
of leasehold interests in real property. The acquisition of space
through other than full and open competition must be held to the
smallest number practicable and be justified in writing and approved in
accordance with FAR 6.303 and 6.304.
48 CFR 2870.204 Procedures for executing a lease.
(a) Pursuant to the requirements of the delegations issued by GSA,
all lease acquisitions shall be performed in accordance with the
guidance provided in the General Services Acquisition Regulation (GSAR)
48 CFR chapter 5, part 570, Acquisition of Leasehold Interests in Real
Property, except for deviations approved by the Procurement Executive.
(b) The following FAR clauses are to be used in lease agreements as
applicable. Special leasing clauses are found in GSA forms 3516,
Solicitation Provisions, 3517, General Clauses and 3518 Representations
and Certifications, which are located in subpart 553.370 of the GSAR.
48 CFR 2870.204 FINDING AIDS
A list of CFR titles, subtitles, chapters, subchapters and parts and
an alphabetical list of agencies publishing in the CFR are included in
the CFR Index and Finding Aids volume to the Code of Federal Regulations
which is published separately and revised annually.
Table of CFR Titles and Chapters
Alphabetical List of Agencies Appearing in the CFR
List of CFR Sections Affected
Chap.
48 CFR 2870.204 Table of CFR Titles and Chapters
48 CFR 2870.204 Title 1 -- General Provisions
I Administrative Committee of the Federal Register (Parts 1 -- 49)
II Office of the Federal Register (Parts 50 -- 299)
III Administrative Conference of the United States (Parts 300 -- 399)
IV Miscellaneous Agencies (Parts 400 -- 500)
48 CFR 2870.204 Title 2 -- (Reserved)
48 CFR 2870.204 Title 3 -- The President
I Executive Office of the President (Parts 100 -- 199)
48 CFR 2870.204 Title 4 -- Accounts
I General Accounting Office (Parts 1 -- 99)
II Federal Claims Collection Standards (General Accounting Office --
Department of Justice) (Parts 100 -- 299)
48 CFR 2870.204 Title 5 -- Administrative Personnel
I Office of Personnel Management (Parts 1 -- 1199)
II Merit Systems Protection Board (Parts 1200 -- 1299)
III Office of Management and Budget (Parts 1300 -- 1399)
IV Advisory Committee on Federal Pay (Parts 1400 -- 1499)
V The International Organizations Employees Loyalty Board (Parts 1500
-- 1599)
VI Federal Retirement Thrift Investment Board (Parts 1600 -- 1699)
VII Advisory Commission on Intergovernmental Relations (Parts 1700 --
1799)
VIII Office of Special Counsel (Parts 1800 -- 1899)
IX Appalachian Regional Commission (Parts 1900 -- 1999)
XI United States Soldiers' and Airmen's Home (Parts 2100 -- 2199)
XIV Federal Labor Relations Authority, General Counsel of the Federal
Labor Relations Authority and Federal Service Impasses Panel (Parts 2400
-- 2499)
XV Office of Administration, Executive Office of the President (Parts
2500 -- 2599)
XVI Office of Government Ethics (Parts 2600 -- 2699)
48 CFR 2870.204 Title 6 -- Economic Stabilization (Reserved)
48 CFR 2870.204 Title 7 -- Agriculture
Subtitle A -- Office of the Secretary of Agriculture (Parts 0 -- 26)
Subtitle B -- Regulations of the Department of Agriculture
I Agricultural Marketing Service (Standards, Inspections, Marketing
Practices), Department of Agriculture (Parts 27 -- 209)
II Food and Nutrition Service, Department of Agriculture (Parts 210
-- 299)
III Animal and Plant Health Inspection Service, Department of
Agriculture (Parts 300 -- 399)
IV Federal Crop Insurance Corporation, Department of Agriculture
(Parts 400 -- 499)
V Agricultural Research Service, Department of Agriculture (Parts 500
-- 599)
VI Soil Conservation Service, Department of Agriculture (Parts 600 --
699)
VII Agricultural Stabilization and Conservation Service (Agricultural
Adjustment), Department of Agriculture (Parts 700 -- 799)
VIII Federal Grain Inspection Service, Department of Agriculture
(Parts 800 -- 899)
IX Agricultural Marketing Service (Marketing Agreements and Orders;
Fruits, Vegetables, Nuts), Department of Agriculture (Parts 900 -- 999)
X Agricultural Marketing Service (Marketing Agreements and Orders;
Milk), Department of Agriculture (Parts 1000 -- 1199)
XI Agricultural Marketing Service (Marketing Agreements and Orders;
Miscellaneous Commodities), Department of Agriculture (Parts 1200 --
1299)
XIV Commodity Credit Corporation, Department of Agriculture (Parts
1400 -- 1499)
XV Foreign Agricultural Service, Department of Agriculture (Parts
1500 -- 1599)
XVI Rural Telephone Bank, Department of Agriculture (Parts 1600 --
1699)
XVII Rural Electrification Administration, Department of Agriculture
(Parts 1700 -- 1799)
XVIII Farmers Home Administration, Department of Agriculture (Parts
1800 -- 2099)
XXI Foreign Economic Development Service, Department of Agriculture
(Parts 2100 -- 2199)
XXII Office of International Cooperation and Development, Department
of Agriculture (Parts 2200 -- 2299)
XXV Office of the General Sales Manager, Department of Agriculture
(Parts 2500 -- 2599)
XXVI Office of Inspector General, Department of Agriculture (Parts
2600 -- 2699)
XXVII Office of Information Resources Management, Department of
Agriculture (Parts 2700 -- 2799)
XXVIII Office of Operations, Department of Agriculture (Parts 2800 --
2899)
XXIX Office of Energy, Department of Agriculture (Parts 2900 -- 2999)
XXX Office of Finance and Management, Department of Agriculture
(Parts 3000 -- 3099)
XXXI Office of Environmental Quality, Department of Agriculture
(Parts 3100 -- 3199)
XXXII Office of Grants and Program Systems, Department of Agriculture
(Parts 3200 -- 3299)
XXXIII Office of Transportation, Department of Agriculture (Parts
3300 -- 3399)
XXXIV Cooperative State Research Service, Department of Agriculture
(Parts 3400 -- 3499)
XXXVI National Agricultural Statistics Service, Department of
Agriculture (Parts 3600 -- 3699)
XXXVII Economic Research Service, Department of Agriculture (Parts
3700 -- 3799)
XXXVIII World Agricultural Outlook Board, Department of Agriculture
(Parts 3800 -- 3899)
XXXIX Economic Analysis Staff, Department of Agriculture (Parts 3900
-- 3999)
XL Economics Management Staff, Department of Agriculture (Parts 4000
-- 4099)
XLI National Agricultural Library, Department of Agriculture (Part
4100)
48 CFR 2870.204 Title 8 -- Aliens and Nationality
I Immigration and Naturalization Service, Department of Justice
(Parts 1 -- 499)
48 CFR 2870.204 Title 9 -- Animals and Animal Products
I Animal and Plant Health Inspection Service, Department of
Agriculture (Parts 1 -- 199)
II Packers and Stockyards Administration, Department of Agriculture
(Parts 200 -- 299)
III Food Safety and Inspection Service, Meat and Poultry Inspection,
Department of Agriculture (Parts 300 -- 399)
48 CFR 2870.204 Title 10 -- Energy
I Nuclear Regulatory Commission (Parts 0 -- 199)
II Department of Energy (Parts 200 -- 699)
III Department of Energy (Parts 700 -- 999)
X Department of Energy (General Provisions) (Parts 1000 -- 1099)
XV Office of the Federal Inspector for the Alaska Natural Gas
Transportation System (Parts 1500 -- 1599)
XVII Defense Nuclear Facilities Safety Board (Parts 1700 -- 1799)
48 CFR 2870.204 Title 11 -- Federal Elections
I Federal Election Commission (Parts 1 -- 9099)
48 CFR 2870.204 Title 12 -- Banks and Banking
I Comptroller of the Currency, Department of the Treasury (Parts 1 --
199)
II Federal Reserve System (Parts 200 -- 299)
III Federal Deposit Insurance Corporation (Parts 300 -- 399)
IV Export-Import Bank of the United States (Parts 400 -- 499)
V Office of Thrift Supervision, Department of The Treasury (Parts 500
-- 599)
VI Farm Credit Administration (Parts 600 -- 699)
VII National Credit Union Administration (Parts 700 -- 799)
VIII Federal Financing Bank (Parts 800 -- 899)
IX Federal Housing Finance Board (Parts 900 -- 999)
XI Federal Financial Institutions Examination Council (Parts 1100 --
1199)
XIII Farm Credit System Assistance Board (Parts 1300 -- 1399)
XIV Farm Credit System Insurance Corporation (Parts 1400 -- 1499)
XV Thrift Depositor Protection Oversight Board (Parts 1500 -- 1599)
XVI Resolution Trust Corporation (Parts 1600 -- 1699)
48 CFR 2870.204 Title 13 -- Business Credit and Assistance
I Small Business Administration (Parts 1 -- 199)
III Economic Development Administration, Department of Commerce
(Parts 300 -- 399)
48 CFR 2870.204 Title 14 -- Aeronautics and Space
I Federal Aviation Administration, Department of Transportation
(Parts 1 -- 199)
II Office of the Secretary, Department of Transportation (Aviation
Proceedings) (Parts 200 -- 399)
III Office of Commercial Space Transportation, Department of
Transportation (Parts 400 -- 499)
V National Aeronautics and Space Administration (Parts 1200 -- 1299)
48 CFR 2870.204 Title 15 -- Commerce and Foreign Trade
Subtitle A -- Office of the Secretary of Commerce (Parts 0 -- 29)
Subtitle B -- Regulations Relating to Commerce and Foreign Trade
I Bureau of the Census, Department of Commerce (Parts 30 -- 199)
II National Institute of Standards and Technology, Department of
Commerce (Parts 200 -- 299)
III International Trade Administration, Department of Commerce (Parts
300 -- 399)
IV Foreign-Trade Zones Board (Parts 400 -- 499)
VII Bureau of Export Administration, Department of Commerce (Parts
700 -- 799)
VIII Bureau of Economic Analysis, Department of Commerce (Parts 800
-- 899)
IX National Oceanic and Atmospheric Administration, Department of
Commerce (Parts 900 -- 999)
XI Technology Administration, Department of Commerce (Parts 1100 --
1199)
XII United States Travel and Tourism Administration, Department of
Commerce (Parts 1200 -- 1299)
XIII East-West Foreign Trade Board (Parts 1300 -- 1399)
XIV Minority Business Development Agency (Parts 1400 -- 1499)
Subtitle C -- Regulations Relating to Foreign Trade Agreements
XX Office of the United States Trade Representative (Parts 2000 --
2099)
Subtitle D -- Regulations Relating to Telecommunications and
Information
XXIII National Telecommunications and Information Administration,
Department of Commerce (Parts 2300 -- 2399)
48 CFR 2870.204 Title 16 -- Commercial Practices
I Federal Trade Commission (Parts 0 -- 999)
II Consumer Product Safety Commission (Parts 1000 -- 1799)
48 CFR 2870.204 Title 17 -- Commodity and Securities Exchanges
I Commodity Futures Trading Commission (Parts 1 -- 199)
II Securities and Exchange Commission (Parts 200 -- 399)
IV Department of the Treasury (Parts 400 -- 499)
48 CFR 2870.204 Title 18 -- Conservation of Power and Water Resources
I Federal Energy Regulatory Commission, Department of Energy (Parts 1
-- 399)
III Delaware River Basin Commission (Parts 400 -- 499)
VI Water Resources Council (Parts 700 -- 799)
VIII Susquehanna River Basin Commission (Parts 800 -- 899)
XIII Tennessee Valley Authority (Parts 1300 -- 1399)
48 CFR 2870.204 Title 19 -- Customs Duties
I United States Customs Service, Department of the Treasury (Parts 1
-- 199)
II United States International Trade Commission (Parts 200 -- 299)
III International Trade Administration, Department of Commerce (Parts
300 -- 399)
48 CFR 2870.204 Title 20 -- Employees' Benefits
I Office of Workers' Compensation Programs, Department of Labor
(Parts 1 -- 199)
II Railroad Retirement Board (Parts 200 -- 399)
III Social Security Administration, Department of Health and Human
Services (Parts 400 -- 499)
IV Employees' Compensation Appeals Board, Department of Labor (Parts
500 -- 599)
V Employment and Training Administration, Department of Labor (Parts
600 -- 699)
VI Employment Standards Administration, Department of Labor (Parts
700 -- 799)
VII Benefits Review Board, Department of Labor (Parts 800 -- 899)
VIII Joint Board for the Enrollment of Actuaries (Parts 900 -- 999)
IX Office of the Assistant Secretary for Veterans' Employment and
Training, Department of Labor (Parts 1000 -- 1099)
48 CFR 2870.204 Title 21 -- Food and Drugs
I Food and Drug Administration, Department of Health and Human
Services (Parts 1 -- 1299)
II Drug Enforcement Administration, Department of Justice (Parts 1300
-- 1399)
48 CFR 2870.204 Title 22 -- Foreign Relations
I Department of State (Parts 1 -- 199)
II Agency for International Development, International Development
Cooperation Agency (Parts 200 -- 299)
III Peace Corps (Parts 300 -- 399)
IV International Joint Commission, United States and Canada (Parts
400 -- 499)
V United States Information Agency (Parts 500 -- 599)
VI United States Arms Control and Disarmament Agency (Parts 600 --
699)
VII Overseas Private Investment Corporation, International
Development Cooperation Agency (Parts 700 -- 799)
IX Foreign Service Grievance Board Regulations (Parts 900 -- 999)
X Inter-American Foundation (Parts 1000 -- 1099)
XI International Boundary and Water Commission, United States and
Mexico, United States Section (Parts 1100 -- 1199)
XII United States International Development Cooperation Agency (Parts
1200 -- 1299)
XIII Board for International Broadcasting (Parts 1300 -- 1399)
XIV Foreign Service Labor Relations Board; Federal Labor Relations
Authority; General Counsel of the Federal Labor Relations Authority;
and the Foreign Service Impasse Disputes Panel (Parts 1400 -- 1499)
XV African Development Foundation (Parts 1500 -- 1599)
XVI Japan-United States Friendship Commission (Parts 1600 -- 1699)
48 CFR 2870.204 Title 23 -- Highways
I Federal Highway Administration, Department of Transportation (Parts
1 -- 999)
II National Highway Traffic Safety Administration and Federal Highway
Administration, Department of Transportation (Parts 1200 -- 1299)
III National Highway Traffic Safety Administration, Department of
Transportation (Parts 1300 -- 1399)
48 CFR 2870.204 Title 24 -- Housing and Urban Development
Subtitle A -- Office of the Secretary, Department of Housing and
Urban Development (Parts 0 -- 99)
Subtitle B -- Regulations Relating to Housing and Urban Development
I Office of Assistant Secretary for Equal Opportunity, Department of
Housing and Urban Development (Parts 100 -- 199)
II Office of Assistant Secretary for Housing-Federal Housing
Commissioner, Department of Housing and Urban Development (Parts 200 --
299)
III Government National Mortgage Association, Department of Housing
and Urban Development (Parts 300 -- 399)
V Office of Assistant Secretary for Community Planning and
Development, Department of Housing and Urban Development (Parts 500 --
599)
VI Office of Assistant Secretary for Community Planning and
Development, Department of Housing and Urban Development (Parts 600 --
699)
VII Office of the Secretary, Department of Housing and Urban
Development (Section 8 Housing Assistance Programs and Public and Indian
Housing Programs) (Parts 700 -- 799)
VIII Office of the Assistant Secretary for Housing -- Federal Housing
Commissioner, Department of Housing and Urban Development (Section 8
Housing Assistance Programs and Section 202 Direct Loan Program) (Parts
800 -- 899)
IX Office of Assistant Secretary for Public and Indian Housing,
Department of Housing and Urban Development (Parts 900 -- 999)
X Office of Assistant Secretary for Housing -- Federal Housing
Commissioner, Department of Housing and Urban Development (Interstate
Land Sales Registration Program) (Parts 1700 -- 1799)
XI Solar Energy and Energy Conservation Bank, Department of Housing
and Urban Development (Parts 1800 -- 1899)
XII Office of Inspector General, Department of Housing and Urban
Development (Parts 2000 -- 2099)
XV Mortgage Insurance and Loan Programs under the Emergency
Homeowners' Relief Act, Department of Housing and Urban Development
(Parts 2700 -- 2799)
XX Office of Assistant Secretary for Housing -- Federal Housing
Commissioner, Department of Housing and Urban Development (Parts 3200 --
3699)
XXV Neighborhood Reinvestment Corporation (Parts 4100 -- 4199)
48 CFR 2870.204 Title 25 -- Indians
I Bureau of Indian Affairs, Department of the Interior (Parts 1 --
299)
II Indian Arts and Crafts Board, Department of the Interior (Parts
300 -- 399)
III National Indian Gaming Commission (Parts 500 -- 599)
IV Office of Navajo and Hopi Indian Relocation (Parts 700 -- 799)
48 CFR 2870.204 Title 26 -- Internal Revenue
I Internal Revenue Service, Department of the Treasury (Parts 1 --
799)
48 CFR 2870.204 Title 27 -- Alcohol, Tobacco Products and Firearms
I Bureau of Alcohol, Tobacco and Firearms, Department of the Treasury
(Parts 1 -- 299)
48 CFR 2870.204 Title 28 -- Judicial Administration
I Department of Justice (Parts 0 -- 199)
III Federal Prison Industries, Inc., Department of Justice (Parts 300
-- 399)
V Bureau of Prisons, Department of Justice (Parts 500 -- 599)
VI Offices of Independent Counsel, Department of Justice (Parts 600
-- 699)
VII Office of Independent Counsel (Parts 700 -- 799)
48 CFR 2870.204 Title 29 -- Labor
Subtitle A -- Office of the Secretary of Labor (Parts 0 -- 99)
Subtitle B -- Regulations Relating to Labor
I National Labor Relations Board (Parts 100 -- 199)
II Bureau of Labor-Management Relations and Cooperative Programs,
Department of Labor (Parts 200 -- 299)
III National Railroad Adjustment Board (Parts 300 -- 399)
IV Office of Labor-Management Standards, Department of Labor (Parts
400 -- 499)
V Wage and Hour Division, Department of Labor (Parts 500 -- 899)
IX Construction Industry Collective Bargaining Commission (Parts 900
-- 999)
X National Mediation Board (Parts 1200 -- 1299)
XII Federal Mediation and Conciliation Service (Parts 1400 -- 1499)
XIV Equal Employment Opportunity Commission (Parts 1600 -- 1699)
XVII Occupational Safety and Health Administration, Department of
Labor (Parts 1900 -- 1999)
XX Occupational Safety and Health Review Commission (Parts 2200 --
2499)
XXV Pension and Welfare Benefits Administration, Department of Labor
(Parts 2500 -- 2599)
XXVI Pension Benefit Guaranty Corporation (Parts 2600 -- 2699)
XXVII Federal Mine Safety and Health Review Commission (Parts 2700 --
2799)
48 CFR 2870.204 Title 30 -- Mineral Resources
I Mine Safety and Health Administration, Department of Labor (Parts 1
-- 199)
II Minerals Management Service, Department of the Interior (Parts 200
-- 299)
III Board of Surface Mining and Reclamation Appeals, Department of
the Interior (Parts 300 -- 399)
IV Geological Survey, Department of the Interior (Parts 400 -- 499)
VI Bureau of Mines, Department of the Interior (Parts 600 -- 699)
VII Office of Surface Mining Reclamation and Enforcement, Department
of the Interior (Parts 700 -- 999)
48 CFR 2870.204 Title 31 -- Money and Finance: Treasury
Subtitle A -- Office of the Secretary of the Treasury (Parts 0 -- 50)
Subtitle B -- Regulations Relating to Money and Finance
I Monetary Offices, Department of the Treasury (Parts 51 -- 199)
II Fiscal Service, Department of the Treasury (Parts 200 -- 399)
IV Secret Service, Department of the Treasury (Parts 400 -- 499)
V Office of Foreign Assets Control, Department of the Treasury (Parts
500 -- 599)
VI Bureau of Engraving and Printing, Department of the Treasury
(Parts 600 -- 699)
VII Federal Law Enforcement Training Center, Department of the
Treasury (Parts 700 -- 799)
VIII Office of International Investment, Department of the Treasury
(Parts 800 -- 899)
48 CFR 2870.204 Title 32 -- National Defense
Subtitle A -- Department of Defense
I Office of the Secretary of Defense (Parts 1 -- 399)
V Department of the Army (Parts 400 -- 699)
VI Department of the Navy (Parts 700 -- 799)
VII Department of the Air Force (Parts 800 -- 1099)
Subtitle B -- Other Regulations Relating to National Defense
XII Defense Logistics Agency (Parts 1200 -- 1299)
XVI Selective Service System (Parts 1600 -- 1699)
XIX Central Intelligence Agency (Parts 1900 -- 1999)
XX Information Security Oversight Office (Parts 2000 -- 2099)
XXI National Security Council (Parts 2100 -- 2199)
XXIV Office of Science and Technology Policy (Parts 2400 -- 2499)
XXVII Office for Micronesian Status Negotiations (Parts 2700 -- 2799)
XXVIII Office of the Vice President of the United States (Parts 2800
-- 2899)
48 CFR 2870.204 Title 33 -- Navigation and Navigable Waters
I Coast Guard, Department of Transportation (Parts 1 -- 199)
II Corps of Engineers, Department of the Army (Parts 200 -- 399)
IV Saint Lawrence Seaway Development Corporation, Department of
Transportation (Parts 400 -- 499)
48 CFR 2870.204 Title 34 -- Education
Subtitle A -- Office of the Secretary, Department of Education (Parts
1 -- 99)
Subtitle B -- Regulations of the Offices of the Department of
Education
I Office for Civil Rights, Department of Education (Parts 100 -- 199)
II Office of Elementary and Secondary Education, Department of
Education (Parts 200 -- 299)
III Office of Special Education and Rehabilitative Services,
Department of Education (Parts 300 -- 399)
IV Office of Vocational and Adult Education, Department of Education
(Parts 400 -- 499)
V Office of Bilingual Education and Minority Languages Affairs,
Department of Education (Parts 500 -- 599)
VI Office of Postsecondary Education, Department of Education (Parts
600 -- 699)
VII Office of Educational Research and Improvement, Department of
Education (Parts 700 -- 799)
48 CFR 2870.204 Title 35 -- Panama Canal
I Panama Canal Regulations (Parts 1 -- 299)
48 CFR 2870.204 Title 36 -- Parks, Forests, and Public Property
I National Park Service, Department of the Interior (Parts 1 -- 199)
II Forest Service, Department of Agriculture (Parts 200 -- 299)
III Corps of Engineers, Department of the Army (Parts 300 -- 399)
IV American Battle Monuments Commission (Parts 400 -- 499)
V Smithsonian Institution (Parts 500 -- 599)
VII Library of Congress (Parts 700 -- 799)
VIII Advisory Council on Historic Preservation (Parts 800 -- 899)
IX Pennsylvania Avenue Development Corporation (Parts 900 -- 999)
XI Architectural and Transportation Barriers Compliance Board (Parts
1100 -- 1199)
XII National Archives and Records Administration (Parts 1200 -- 1299)
48 CFR 2870.204 Title 37 -- Patents, Trademarks, and Copyrights
I Patent and Trademark Office, Department of Commerce (Parts 1 --
199)
II Copyright Office, Library of Congress (Parts 200 -- 299)
III Copyright Royalty Tribunal (Parts 300 -- 399)
IV Assistant Secretary for Technology Policy, Department of Commerce
(Parts 400 -- 499)
V Under Secretary for Technology, Department of Commerce (Parts 500
-- 599)
48 CFR 2870.204 Title 38 -- Pensions, Bonuses, and Veterans' Relief
I Department of Veterans Affairs (Parts 0 -- 99)
48 CFR 2870.204 Title 39 -- Postal Service
I United States Postal Service (Parts 1 -- 999)
III Postal Rate Commission (Parts 3000 -- 3099)
48 CFR 2870.204 Title 40 -- Protection of Environment
I Environmental Protection Agency (Parts 1 -- 799)
V Council on Environmental Quality (Parts 1500 -- 1599)
48 CFR 2870.204 Title 41 -- Public Contracts and Property Management
Subtitle B -- Other Provisions Relating to Public Contracts
50 Public Contracts, Department of Labor (Parts 50-1 -- 50-999)
51 Committee for Purchase from the Blind and Other Severely
Handicapped (Parts 51-1 -- 51-99)
60 Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Parts 60-1 -- 60-999)
61 Office of the Assistant Secretary for Veterans Employment and
Training, Department of Labor (Parts 61-1 -- 61-999)
Subtitle C -- Federal Property Management Regulations System
101 Federal Property Management Regulations (Parts 101-1 -- 101-99)
105 General Services Administration (Parts 105-1 -- 105-999)
109 Department of Energy Property Management Regulations (Parts 109-1
-- 109-99)
114 Department of the Interior (Parts 114-1 -- 114-99)
115 Environmental Protection Agency (Parts 115-1 -- 115-99)
128 Department of Justice (Parts 128-1 -- 128-99)
132 Department of the Air Force (Parts 132-1 -- 132-99)
Subtitle D -- Other Provisions Relating to Property Management
(Reserved)
Subtitle E -- Federal Information Resources Management Regulations
System
201 Federal Information Resources Management Regulation (Parts 201-1
-- 201-99)
Subtitle F -- Federal Travel Regulation System
301 Travel Allowances (Parts 301-1 -- 301-99)
302 Relocation Allowances (Parts 302-1 -- 302-99)
303 Payment of Expenses Connected with the Death of Certain Employees
(Parts 303-1 -- 303-2)
304 Payment from a non-Federal source for travel expenses (Parts
304-1 -- 304-99)
48 CFR 2870.204 Title 42 -- Public Health
I Public Health Service, Department of Health and Human Services
(Parts 1 -- 199)
IV Health Care Financing Administration, Department of Health and
Human Services (Parts 400 -- 499)
V Office of Inspector General-Health Care, Department of Health and
Human Services (Parts 1000 -- 1999)
48 CFR 2870.204 Title 43 -- Public Lands: Interior
Subtitle A -- Office of the Secretary of the Interior (Parts 1 --
199)
Subtitle B -- Regulations Relating to Public Lands
I Bureau of Reclamation, Department of the Interior (Parts 200 --
499)
II Bureau of Land Management, Department of the Interior (Parts 1000
-- 9999)
48 CFR 2870.204 Title 44 -- Emergency Management and Assistance
I Federal Emergency Management Agency (Parts 0 -- 399)
IV Department of Commerce and Department of Transportation (Parts 400
-- 499)
48 CFR 2870.204 Title 45 -- Public Welfare
Subtitle A -- Department of Health and Human Services, General
Administration (Parts 1 -- 199)
Subtitle B -- Regulations Relating to Public Welfare
II Office of Family Assistance (Assistance Programs), Administration
for Children and Families, Department of Health and Human Services
(Parts 200 -- 299)
III Office of Child Support Enforcement (Child Support Enforcement
Program), Administration for Children and Families, Department of Health
and Human Services (Parts 300 -- 399)
IV Office of Refugee Resettlement, Administration for Children and
Families Department of Health and Human Services (Parts 400 -- 499)
V Foreign Claims Settlement Commission of the United States,
Department of Justice (Parts 500 -- 599)
VI National Science Foundation (Parts 600 -- 699)
VII Commission on Civil Rights (Parts 700 -- 799)
VIII Office of Personnel Management (Parts 800 -- 899)
X Office of Community Services, Administration for Children and
Families, Department of Health and Human Services (Parts 1000 -- 1099)
XI National Foundation on the Arts and the Humanities (Parts 1100 --
1199)
XII ACTION (Parts 1200 -- 1299)
XIII Office of Human Development Services, Department of Health and
Human Services (Parts 1300 -- 1399)
XVI Legal Services Corporation (Parts 1600 -- 1699)
XVII National Commission on Libraries and Information Science (Parts
1700 -- 1799)
XVIII Harry S. Truman Scholarship Foundation (Parts 1800 -- 1899)
XXI Commission on Fine Arts (Parts 2100 -- 2199)
XXII Christopher Columbus Quincentenary Jubilee Commission (Parts
2200 -- 2299)
XXIV James Madison Memorial Fellowship Foundation (Parts 2400 --
2499)
48 CFR 2870.204 Title 46 -- Shipping
I Coast Guard, Department of Transportation (Parts 1 -- 199)
II Maritime Administration, Department of Transportation (Parts 200
-- 399)
III Coast Guard (Great Lakes Pilotage), Department of Transportation
(Parts 400 -- 499)
IV Federal Maritime Commission (Parts 500 -- 599)
48 CFR 2870.204 Title 47 -- Telecommunication
I Federal Communications Commission (Parts 0 -- 199)
II Office of Science and Technology Policy and National Security
Council (Parts 200 -- 299)
III National Telecommunications and Information Administration,
Department of Commerce (Parts 300 -- 399)
48 CFR 2870.204 Title 48 -- Federal Acquisition Regulations System
1 Federal Acquisition Regulation (Parts 1 -- 99)
2 Department of Defense (Parts 200 -- 299)
3 Department of Health and Human Services (Parts 300 -- 399)
4 Department of Agriculture (Parts 400 -- 499)
5 General Services Administration (Parts 500 -- 599)
6 Department of State (Parts 600 -- 699)
7 Agency for International Development (Parts 700 -- 799)
8 Department of Veterans Affairs (Parts 800 -- 899)
9 Department of Energy (Parts 900 -- 999)
10 Department of the Treasury (Parts 1000 -- 1099)
12 Department of Transportation (Parts 1200 -- 1299)
13 Department of Commerce (Parts 1300 -- 1399)
14 Department of the Interior (Parts 1400 -- 1499)
15 Environmental Protection Agency (Parts 1500 -- 1599)
16 Office of Personnel Management Federal Employees Health Benefits
Acquisition Regulation (Parts 1600 -- 1699)
17 Office of Personnel Management (Parts 1700 -- 1799)
18 National Aeronautics and Space Administration (Parts 1800 -- 1899)
19 United States Information Agency (Parts 1900 -- 1999)
22 Small Business Administration (Parts 2200 -- 2299)
24 Department of Housing and Urban Development (Parts 2400 -- 2499)
25 National Science Foundation (Parts 2500 -- 2599)
28 Department of Justice (Parts 2800 -- 2899)
29 Department of Labor (Parts 2900 -- 2999)
34 Department of Education Acquisition Regulation (Parts 3400 --
3499)
35 Panama Canal Commission (Parts 3500 -- 3599)
44 Federal Emergency Management Agency (Parts 4400 -- 4499)
51 Department of the Army Acquisition Regulations (Parts 5100 --
5199)
52 Department of the Navy Acquisition Regulations (Parts 5200 --
5299)
53 Department of the Air Force Federal Acquisition Regulation
Supplement (Parts 5300 -- 5399)
57 African Development Foundation (Parts 5700 -- 5799)
61 General Services Administration Board of Contract Appeals (Parts
6100 -- 6199)
63 Department of Transportation Board of Contract Appeals (Parts 6300
-- 6399)
99 Cost Accounting Standards Board, Office of Federal Procurement
Policy, Office of Management and Budget (Parts 9900 -- 9999)
48 CFR 2870.204 Title 49 -- Transportation
Subtitle A -- Office of the Secretary of Transportation (Parts 1 --
99)
Subtitle B -- Other Regulations Relating to Transportation
I Research and Special Programs Administration, Department of
Transportation (Parts 100 -- 199)
II Federal Railroad Administration, Department of Transportation
(Parts 200 -- 299)
III Federal Highway Administration, Department of Transportation
(Parts 300 -- 399)
IV Coast Guard, Department of Transportation (Parts 400 -- 499)
V National Highway Traffic Safety Administration, Department of
Transportation (Parts 500 -- 599)
VI Federal Transit Administration, Department of Transportation
(Parts 600 -- 699)
VII National Railroad Passenger Corporation (AMTRAK) (Parts 700 --
799)
VIII National Transportation Safety Board (Parts 800 -- 899)
X Interstate Commerce Commission (Parts 1000 -- 1399)
48 CFR 2870.204 Title 50 -- Wildlife and Fisheries
I United States Fish and Wildlife Service, Department of the Interior
(Parts 1 -- 199)
II National Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Department of Commerce (Parts 200 -- 299)
III International Regulatory Agencies (Fishing and Whaling) (Parts
300 -- 399)
IV Joint Regulations (United States Fish and Wildlife Service,
Department of the Interior and National Marine Fisheries Service,
National Oceanic and Atmospheric Administration, Department of
Commerce); Endangered Species Committee Regulations (Parts 400 -- 499)
V Marine Mammal Commission (Parts 500 -- 599)
VI Fishery Conservation and Management, National Oceanic and
Atmospheric Administration, Department of Commerce (Parts 600 -- 699)
48 CFR 2870.204 CFR Index and Finding Aids Subject/Agency Index
List of Agency Prepared Indexes Parallel Tables of Statutory Authorities
and Rules Acts Requiring Publication in the Federal Register List of CFR
Titles, Chapters, Subchapters, and Parts
48 CFR 2870.204 Alphabetical List of Agencies Appearing in the CFR
CFR Title, Subtitle or
Agency
Chapter
ACTION 45, XII
Administrative Committee of the Federal Register 1, I
Administrative Conference of the United States 1, III
Advisory Commission on Intergovernmental Relations 5, VII
Advisory Committee on Federal Pay 5, IV
Advisory Council on Historic Preservation 36, VIII
African Development Foundation 22, XV; 48, 57
Agency for International Development 22, II; 48, 7
Agricultural Marketing Service 7, I, IX, X, XI
Agricultural Research Service 7, V
Agricultural Stabilization and Conservation Service 7, VII
Agriculture Department
Agricultural Marketing Service 7, I, IX, X, XI
Agricultural Research Service 7, V
Agricultural Stabilization and Conservation Service 7, VII
Animal and Plant Health Inspection Service 7, III; 9, I
Commodity Credit Corporation 7, XIV
Cooperative State Research Service 7, XXXIV
Economic Analysis Staff 7, XXXIX
Economic Research Service 7, XXXVII
Economics Management Staff 7, XL
Energy, Office of 7, XXIX
Environmental Quality, Office of 7, XXXI
Farmers Home Administration 7, XVIII
Federal Acquisition Regulation 48, 4
Federal Crop Insurance Corporation 7, IV
Federal Grain Inspection Service 7, VIII
Finance and Management, Office of 7, XXX
Food and Nutrition Service 7, II
Food Safety and Inspection Service 9, III
Foreign Agricultural Service 7, XV
Foreign Economic Development Service 7, XXI
Forest Service 36, II
General Sales Manager, Office of 7, XXV
Grants and Program Systems, Office of 7, XXXII
Information Resources Management, Office of 7, XXVII
Inspector General, Office of 7, XXVI
International Cooperation and Development Office 7, XXII
National Agricultural Library 7, XLI
National Agricultural Statistics Service 7, XXXVI
Operations Office 7, XXVIII
Packers and Stockyards Administration 9, II
Rural Electrification Administration 7, XVII
Rural Telephone Bank 7, XVI
Secretary of Agriculture, Office of 7, Subtitle A
Soil Conservation Service 7, VI
Transportation, Office of 7, XXXIII
World Agriculture Outlook Board 7, XXXVIII
Air Force Department 32, VII; 41, Subtitle C, Ch. 132
Federal Acquisition Regulation Supplement 48, 53
Alaska Natural Gas Transportation System, Office of the Federal
Inspector 10, XV
Alcohol, Tobacco and Firearms, Bureau of 27, I
AMTRAK 49, VII
American Battle Monuments Commission 36, IV
Animal and Plant Health Inspection Service 7, III; 9, I
Appalachian Regional Commission 5, IX
Architectural and Transportation Barriers Compliance Board 36, XI
Arms Control and Disarmament Agency, U.S. 22, VI
Army Department 32, V
Engineers, Corps of 33, II; 36, III
Federal Acquisition Regulation 48, 51
Assistant Secretary for Technology Policy, Department of Commerce 37,
IV
Benefits Review Board 20, VII
Bicentennial of the United States Constitution, Commission on the 45,
XX
Bilingual Education and Minority Languages Affairs, Office of 34, V
Blind and Other Severely Handicapped, Committee for Purchase from 41,
51
Board for International Broadcasting 22, XIII
Budget, Office of Management and 5, III
Census Bureau 15, I
Central Intelligence Agency 32, XIX
Child Support Enforcement, Office of 45, III
Christopher Columbus Quincentenary Jubilee Commission 45, XXII
Civil Rights Commission 45, VII
Civil Rights, Office for (Education Department) 34, I
Claims Collection Standards, Federal 4, II
Coast Guard 33, I; 46, I, III; 49, IV
Commerce Department 44, IV
Census Bureau 15, I
Assistant Secretary for Technology Policy 37, IV
Economic Affairs, Under Secretary 37, V
Economic Analysis, Bureau of 15, VIII
Economic Development Administration 13, III
Endangered Species Committee 50, IV
Export Administration Bureau 15, VII
Federal Acquisition Regulation 48, 13
Fishery Conservation and Management 50, VI
International Trade Administration 15, III; 19, III
National Institute of Standards and Technology 15, II
National Marine Fisheries Service 50, II, IV
National Oceanic and Atmospheric Administration 15, IX; 50, II, III,
IV, VI
National Telecommunications and Information Administration 15, XXIII;
47, III
Patent and Trademark Office 37, I
Productivity, Technology and Innovation, Assistant Secretary for 37,
IV
Secretary of Commerce, Office of 15, Subtitle A
Technology Administration 15, XI
Under Secretary for Technology 37, V
United States Travel and Tourism Administration 15, XII
Commercial Space Transportation, Office of, Department of
Transportation 14, III
Commission on the Bicentennial of the United States Constitution 45,
XX
Committee for Purchase from the Blind and Other Severely Handicapped
41, 51
Commodity Credit Corporation 7, XIV
Commodity Futures Trading Commission 17, I
Community Planning and Development, Office of Assistant Secretary for
24, V, VI
Community Services, Office of 45, X
Comptroller of the Currency 12, I
Construction Industry Collective Bargaining Commission 29, IX
Consumer Product Safety Commission 16, II
Cooperative State Research Service 7, XXXIV
Copyright Office 37, II
Copyright Royalty Tribunal 37, III
Cost Accounting Standards Board, Office of Federal Procurement Policy
48, 99
Council on Environmental Quality 40, V
Customs Service, United States 19, I
Defense Department 32, Subtitle A
Air Force Department 32, VII; 41, Subtitle C, Ch. 132
Army Department 32, V; 33, II; 36, III, 48, 51
Engineers, Corps of 33, II; 36, III
Federal Acquisition Regulation 48, 2
Navy Department 32, VI; 48, 52
Secretary of Defense, Office of 32, I
Defense Logistics Agency 32, XII
Defense Nuclear Facilities Safety Board 10, XVII
Delaware River Basin Commission 18, III
Drug Enforcement Administration 21, II
East-West Foreign Trade Board 15, XIII
Economic Affairs, Under Secretary (Commerce) 37, V
Economic Analysis, Bureau of 15, VIII
Economic Analysis Staff, Department of Agriculture 7, XXXIX
Economic Development Administration 13, III
Economics Management Staff 7, XL
Economic Research Service 7, XXXVII
Education, Department of
Bilingual Education and Minority Languages Affairs, Office of 34, V
Civil Rights, Office for 34, I
Educational Research and Improvement, Office of 34, VII
Elementary and Secondary Education, Office of 34, II
Federal Acquisition Regulation 48, 34
Postsecondary Education, Office of 34, VI
Secretary of Education, Office of 34, Subtitle A
Special Education and Rehabilitative Services, Office of 34, III
Vocational and Adult Education, Office of 34, IV
Educational Research and Improvement, Office of 34, VII
Elementary and Secondary Education, Office of 34, II
Employees' Compensation Appeals Board 20, IV
Employees Loyalty Board, International Organizations 5, V
Employment and Training Administration 20, V
Employment Standards Administration 20, VI
Endangered Species Committee 50, IV
Energy, Department of 10, II, III, X; 41, 109
Federal Acquisition Regulation 48, 9
Federal Energy Regulatory Commission 18, I
Energy, Office of, Department of Agriculture 7, XXIX
Engineers, Corps of 33, II; 36, III
Engraving and Printing, Bureau of 31, VI
Environmental Protection Agency 40, I; 41, 115; 48, 15
Environmental Quality, Office of (Agriculture Department) 7, XXXI
Equal Employment Opportunity Commission 29, XIV
Equal Opportunity, Office of Assistant Secretary for 24, I
Executive Office of the President 3, I
Administration, Office of 5, XV
Export Administration Bureau 15, VII
Export-Import Bank of the United States 12, IV
Family Assistance, Office of 45, II
Family Support Administration 45, II, III, IV, X
Farm Credit Administration 12, VI
Farm Credit System Assistance Board 12, XIII
Farm Credit System Insurance Corporation 12, XIV
Farmers Home Administration 7, XVIII
Federal Acquisition Regulation 48, 1
Federal Aviation Administration 14, I
Federal Claims Collection Standards 4, II
Federal Communications Commission 47, I
Federal Contract Compliance Programs, Office of 41, 60
Federal Crop Insurance Corporation 7, IV
Federal Deposit Insurance Corporation 12, III
Federal Election Commission 11, I
Federal Emergency Management Agency 44, I; 48, 44
Federal Energy Regulatory Commission 18, I
Federal Financial Institutions Examination Council 12, XI
Federal Financing Bank 12, VIII
Federal Grain Inspection Service 7, VIII
Federal Highway Administration 23, I, II; 49, III
Federal Home Loan Mortgage Corporation 1, IV
Federal Housing Finance Board 12, IX
Federal Information Resources Management Regulations 41, Subtitle E,
Ch. 201
Federal Inspector for the Alaska Natural Gas Transportation System,
Office of 10, XV
Federal Labor Relations Authority, and General Counsel of the Federal
Labor Relations Authority 5, XIV; 22, XIV
Federal Law Enforcement Training Center 31, VII
Federal Maritime Commission 46, IV
Federal Mediation and Conciliation Service 29, XII
Federal Mine Safety and Health Review Commission 29, XXVII
Federal Pay, Advisory Committee on 5, IV
Federal Prison Industries, Inc. 28, III
Federal Procurement Policy Office 48, 99
Federal Property Management Regulations 41, 101
Federal Property Management Regulations System 41, Subtitle C
Federal Railroad Administration 49, II
Federal Register, Administrative Committee of 1, I
Federal Register, Office of 1, II
Federal Reserve System 12, II
Federal Retirement Thrift Investment Board 5, VI
Federal Service Impasses Panel 5, XIV
Federal Trade Commission 16, I
Federal Travel Regulation System 41, Subtitle F
Finance and Management, Department of Agriculture 7, XXX
Fine Arts Commission 45, XXI
Fiscal Service 31, II
Fish and Wildlife Service, United States 50, I, IV
Fishery Conservation and Management 50, VI
Fishing and Whaling, International Regulatory Agencies 50, III
Food and Drug Administration 21, I
Food and Nutrition Service 7, II
Food Safety and Inspection Service 9, III
Foreign Agricultural Service 7, XV
Foreign Assets Control, Office of 31, V
Foreign Claims Settlement Commission of United States 45, V
Foreign Economic Development Service 7, XXI
Foreign Service Grievance Board 22, IX
Foreign Service Impasse Disputes Panel 22, XIV
Foreign Service Labor Relations Board 22, XIV
Foreign-Trade Zones Board 15, IV
Forest Service 36, II
General Accounting Office 4, I, II, III
General Sales Manager, Office of 7, XXV
General Services Administration
Contract Appeals Board 48, 61
Federal Acquisition Regulation 48, 5
Federal Information Resources Management Regulations 41, Subtitle E,
Ch. 201
Federal Property Management Regulations System 41, 101, 105
Federal Travel Regulation System 41, Subtitle F
Payment of Expenses Connected With the Death of Certain Employees 41,
303
Relocation Allowances 41, 302
Travel Allowances 41, 301
Geological Survey 30, IV
Government Ethics, Office of 5, XVI
Government National Mortgage Association 24, III
Grants and Program Systems, Office of 7, XXXII
Great Lakes Pilotage 46, III
Harry S. Truman Scholarship Foundation 45, XVIII
Health and Human Services, Department of 45, Subtitle A
Child Support Enforcement, Office of 45, III
Community Services, Office of 45, X
Family Assistance, Office of 45, II
Family Support Administration 45, II, III, IV, X
Federal Acquisition Regulation 48, 3
Food and Drug Administration 21, I
Health Care Financing Administration 42, IV
Human Development Services Office 45, XIII
Inspector General, Office of 42, V
Public Health Service 42, I
Refugee Resettlement, Office of 45, IV
Social Security Administration 20, III; 45, IV
Health Care Financing Administration 42, IV
Housing and Urban Development, Department of
Community Planning and Development, Office of Assistant Secretary for
24, V, VI
Equal Opportunity, Office of Assistant Secretary for 24, I
Federal Acquisition Regulation 48, 24
Government National Mortgage Association 24, III
Housing -- Federal Housing Commissioner, Office of Assistant
Secretary for 24, II, VIII, X, XX
Inspector General, Office of 24, XII
Mortgage Insurance and Loan Programs Under Emergency Homeowners'
Relief Act 24, XV
Public and Indian Housing, Office of Assistant Secretary for 24, IX
Secretary, Office of 24, Subtitle B, VII
Solar Energy and Energy Conservation Bank 24, XI
Housing -- Federal Housing Commissioner, Office of Assistant
Secretary for 24, II, VIII, X, XX
Human Development Services Office 45, XIII
Immigration and Naturalization Service 8, I
Indian Affairs, Bureau of 25, I
Indian Arts and Crafts Board 25, II
Information Agency, United States 22, V; 48, 19
Information Resources Management, Office of, Agriculture Department
7, XXVII
Information Security Oversight Office 32, XX
Inspector General, Office of, Agriculture Department 7, XXVI
Inspector General, Office of, Health and Human Services Department
42, V
Inspector General, Office of, Housing and Urban Development
Department 24, XII
Inter-American Foundation 22, X
Intergovernmental Relations, Advisory Commission on 5, VII
Interior Department
Endangered Species Committee 50, IV
Federal Acquisition Regulation 48, 14
Federal Property Management Regulations System 41, 114
Fish and Wildlife Service, United States 50, I, IV
Geological Survey 30, IV
Indian Affairs, Bureau of 25, I
Indian Arts and Crafts Board 25, II
Land Management Bureau 43, II
Minerals Management Service 30, II
Mines, Bureau of 30, VI
National Park Service 36, I
Reclamation Bureau 43, I
Secretary of the Interior, Office of 43, Subtitle A
Surface Mining and Reclamation Appeals, Board of 30, III
Surface Mining Reclamation and Enforcement, Office of 30, VII
United States Fish and Wildlife Service 50, I, IV
Internal Revenue Service 26, I
International Boundary and Water Commission, United States and Mexico
22, XI
International Cooperation and Development Office, Department of
Agriculture 7, XXII
International Development, Agency for 22, II
International Development Cooperation Agency 22, XII
International Development, Agency for 22, II
Overseas Private Investment Corporation 22, VII
International Joint Commission, United States and Canada 22, IV
International Organizations Employees Loyalty Board 5, V
International Regulatory Agencies (Fishing and Whaling) 50, III
International Trade Administration 15, III; 19, III
International Trade Commission, United States 19, II
Interstate Commerce Commission 49, X
Japan-United States Friendship Commission 22, XVI
Joint Board for the Enrollment of Actuaries 20, VIII
Justice Department 28, I; 41, 128
Drug Enforcement Administration 21, II
Federal Acquisition Regulation 48, 28
Federal Claims Collection Standards 4, II
Federal Prison Industries, Inc. 28, III
Foreign Claims Settlement Commission of the United States 45, V
Immigration and Naturalization Service 8, I
Offices of Independent Counsel 28, VI
Prisons, Bureau of 28, V
Labor Department
Benefits Review Board 20, VII
Employees' Compensation Appeals Board 20, IV
Employment and Training Administration 20, V
Employment Standards Administration 20, VI
Federal Acquisition Regulation 48, 29
Federal Contract Compliance Programs, Office of 41, 60
Federal Procurement Regulations System 41, 50
Labor-Management Relations and Cooperative Programs, Bureau of 29, II
Labor-Management Standards, Office of 29, IV
Mine Safety and Health Administration 30, I
Occupational Safety and Health Administration 29, XVII
Pension and Welfare Benefits Administration 29, XXV
Public Contracts 41, 50
Secretary of Labor, Office of 29, Subtitle A
Veterans' Employment and Training, Office of the Assistant Secretary
for 41, 61; 20, IX
Wage and Hour Division 29, V
Workers' Compensation Programs, Office of 20, I
Labor-Management Relations and Cooperative Programs, Bureau of 29, II
Labor-Management Standards, Office of 29, IV
Land Management, Bureau of 43, II
Legal Services Corporation 45, XVI
Library of Congress 36, VII
Copyright Office 37, II
Management and Budget, Office of 5, III; 48, 99
Marine Mammal Commission 50, V
Maritime Administration 46, II
Merit Systems Protection Board 5, II
Micronesian Status Negotiations, Office for 32, XXVII
Mine Safety and Health Administration 30, I
Minerals Management Service 30, II
Mines, Bureau of 30, VI
Minority Business Development Agency 15, XIV
Miscellaneous Agencies 1, IV
Monetary Offices 31, I
Mortgage Insurance and Loan Programs Under the Emergency Homeowners'
Relief Act, Department of Housing and Urban Development 24, XV
National Aeronautics and Space Administration 14, V; 48, 18
National Agricultural Library 7, XLI
National Agricultural Statistics Service 7, XXXVI
National Archives and Records Administration 36, XII
National Bureau of Standards 15, II
National Capital Planning Commission 1, IV
National Commission for Employment Policy 1, IV
National Commission on Libraries and Information Science 45, XVII
National Credit Union Administration 12, VII
National Foundation on the Arts and the Humanities 45, XI
National Highway Traffic Safety Administration 23, II, III; 49, V
National Indian Gaming Commission 25, III
National Institute of Standards and Technology 15, II
National Labor Relations Board 29, I
National Marine Fisheries Service 50, II, IV
National Mediation Board 29, X
National Oceanic and Atmospheric Administration 15, IX; 50, II, III,
IV, VI
National Park Service 36, I
National Railroad Adjustment Board 29, III
National Railroad Passenger Corporation (AMTRAK) 49, VII
National Science Foundation 45, VI; 48, 25
National Security Council 32, XXI
National Security Council and Office of Science and Technology Policy
47, II
National Telecommunications and Information Administration 15, XXIII;
47, III
National Transportation Safety Board 49, VIII
Navy Department 32, VI; 48, 52
Neighborhood Reinvestment Corporation 24, XXV
Nuclear Regulatory Commission 10, I
Occupational Safety and Health Administration 29, XVII
Occupational Safety and Health Review Commission 29, XX
Office of Independent Counsel 28, VII
Office of Navajo and Hopi Indian Relocation 25, IV
Offices of Independent Counsel, Department of Justice 28, VI
Operations Office, Department of Agriculture 7, XXVIII
Overseas Private Investment Corporation 22, VII
Oversight Board 12, XV
Packers and Stockyards Administration 9, II
Panama Canal Commission 48, 35
Panama Canal Regulations 35, I
Patent and Trademark Office 37, I
Payment of Expenses Connected With the Death of Certain Employees 41,
303
Peace Corps 22, III
Pennsylvania Avenue Development Corporation 36, IX
Pension and Welfare Benefits Administration, Department of Labor 29,
XXV
Pension Benefit Guaranty Corporation 29, XXVI
Personnel Management, Office of 5, I; 45, VIII; 48, 17
Federal Employees Health Benefits Acquisition Regulation 48, 16
Postal Rate Commission 39, III
Postal Service, United States 39, I
Postsecondary Education, Office of 34, VI
President's Commission on White House Fellowships 1, IV
Presidential Documents 3
Prisons, Bureau of 28, V
Productivity, Technology and Innovation, Assistant Secretary
(Commerce) 37, IV
Property Management Regulations System, Federal 41, Subtitle C
Public Contracts, Department of Labor 41, 50
Public Health Service 42, I
Railroad Retirement Board 20, II
Reclamation Bureau 43, I
Reduction in Meeting and Training Allowance Payments 41, 304
Refugee Resettlement, Office of 45, IV
Regional Action Planning Commissions 13, V
Relocation Allowances 41, 302
Research and Special Programs Administration 49, I
Resolution Trust Corporation 12, XVI
Rural Electrification Administration 7, XVII
Rural Telephone Bank 7, XVI
Saint Lawrence Seaway Development Corporation 33, IV
Science and Technology Policy, Office of 32, XXIV
Science and Technology Policy, Office of, and National Security
Council 47, II
Secret Service 31, IV
Securities and Exchange Commission 17, II
Selective Service System 32, XVI
Small Business Administration 13, I; 48, 22
Smithsonian Institution 36, V
Social Security Administration 20, III; 45, IV
Soil Conservation Service 7, VI
Solar Energy and Energy Conservation Bank, Department of Housing and
Urban Development 24, XI
Soldiers' and Airmen's Home, United States 5, XI
Special Counsel, Office of 5, VIII
Special Education and Rehabilitative Services, Office of 34, III
State Department 22, I
Federal Acquisition Regulation 48, 6
Surface Mining and Reclamation Appeals, Board of 30, III
Susquehanna River Basin Commission 18, VIII
Technology Administration 15, XI
Tennessee Valley Authority 18, XIII
Thrift Supervision Office, Department of the Treasury 12, V
Trade Representative, United States, Office of 15, XX
Transportation, Department of 44, IV
Coast Guard 33, I; 46, I, III; 49, IV
Commercial Space Transportation, Office of 14, III
Contract Appeals Board 48, 63
Federal Acquisition Regulation 48, 12
Federal Aviation Administration 14, I
Federal Highway Administration 23, I, II; 49, III
Federal Railroad Administration 49, II
Maritime Administration 46, II
National Highway Traffic Safety Administration 23, II, III; 49, V
Research and Special Programs Administration 49, I
Saint Lawrence Seaway Development Corporation 33, IV
Secretary of Transportation, Office of 14, II; 49, Subtitle A
Urban Mass Transportation Administration 49, VI
Transportation, Office of, Department of Agriculture 7, XXXIII
Travel Allowance 41, 301
Travel and Tourism Administration, United States 15, XII
Treasury Department 17, IV
Alcohol, Tobacco and Firearms, Bureau of 27, I
Comptroller of the Currency 12, I
Customs Service, United States 19, I
Engraving and Printing, Bureau of 31, VI
Federal Acquisition Regulation 48, 10
Federal Law Enforcement Training Center 31, VII
Fiscal Service 31, II
Foreign Assets Control, Office of 31, V
Internal Revenue Service 26, I
Monetary Offices 31, I
Secret Service 31, IV
Secretary of the Treasury, Office of 31, Subtitle A
Thrift Supervision Office 12, V
United States Customs Service 19, I
Truman, Harry S. Scholarship Foundation 45, XVIII
Under Secretary for Technology, Department of Commerce 37, V
United States and Canada, International Joint Commission 22, IV
United States Arms Control and Disarmament Agency 22, VI
United States Customs Service 19, I
United States Fish and Wildlife Service 50, I, IV
United States Information Agency 22, V; 48, 19
United States International Development Cooperation Agency 22, XII
United States International Trade Commission 19, II
United States Postal Service 39, I
United States Soldiers' and Airmen's Home 5, XI
United States Trade Representative, Office of 15, XX
United States Travel and Tourism Adminstration 15, XII
Urban Mass Transportation Administration 49, VI
Veterans Affairs Department 38, I; 48, 8
Veterans' Employment and Training, Office of the Assistant Secretary
for 41, 61; 20, IX
Vice President of the United States, Office of 32, XXVIII
Vocational and Adult Education, Office of 34, IV
Wage and Hour Division 29, V
Water Resources Council 18, VI
Workers' Compensation Programs, Office of 20, I
World Agriculture Outlook Board 7, XXXVIII
48 CFR 2870.204 48 CFR (10-1-92 Edition)
48 CFR 2870.204 List of CFR Sections Affected
48 CFR 2870.204 List of CFR Sections Affected
All changes in this volume of the Code of Federal Regulations which
were made by documents published in the Federal Register since January
1, 1986, are enumerated in the following list. Entries indicate the
nature of the changes effected. Page numbers refer to Federal Register
pages. The user should consult the entries for chapters and parts as
well as sections for revisions.
For the period before January 1, 1986, see the ''List of CFR Sections
Affected, 1973-1985, published in four separate volumes.
48 CFR 2870.204 1986
48 CFR
51 FR
Page
Chapter 15
1505 Subchapter assignment; editorial note 6004
1506 Subchapter assignment; editorial note 6004
1527 Revision at 49 FR 29222 effective as final rule 25368
1552.227-70 Revision at 49 FR 29228 effective as final rule 25368
1552.227-71 Addition at 49 FR 29229 effective as final rule 25368
1552.227-72 Addition at 49 FR 29230 effective as final rule 25368
1552.227-73 Addition at 49 FR 29231 effective as final rule 25368
1552.227-74 Addition at 49 FR 29231 effective as final rule 25368
1552.227-75 Addition at 49 FR 29231 effective as final rule 25368
Chapter 17
Chapter established 44296
1733 Added 44296
Chapter 18
1801 Heading revised 27848
1801.104-370 Revised 27848
1801.270-2 (a) revised; (c) added 27849
1801.270-4 Revised 27849
1801.271 Added 45770
1801.301 Amended 27849
1801.405 Amended 27849
1801.570 (Subpart 1801.5) Removed 27849
1801.603-1 Removed 27849
1801.603-2 Added 27849
1801.603-3 Added 27850
1801.603-4 Revised 27851
1801.670 Added 27851
1803.101-2 Amended 45770
1803.203 Amended 45770
1803.704 -- 1803.705 (Subpart 1803.7) Added 45770
1804.170 Added 27851
1804.202 Revised 45770
1804.601 Added 27851
1804.671-4 (w) and (ii) amended; (pp), (rr), (ss), and (tt)
introductory text revised 27851
1804.676 Revised 27852
1804.803-71 Added 27853
1804.804-5 Revised 27853
1804.805-70 (a)(2) and (b)(1) amended 27853
1804.7202 Removed 27853
1804.7205 (a) revised 27853
1804.7301 (a) and (c) revised 27853
1805 Subchapter assignment; editorial note 6004
1805.202 Added 27853
1805.207 Revised 45770
1805.303-71 (b)(1) introductory text revised 45771
1806 Subchapter assignment; editorial note 6004
1806.301 Heading revised 27853
1806.302-1-70 (a) amended 27853
1806.302-270 Added 45771
1806.303-271 Added 45771
1806.304 (a) amended; (d) revised 27853
1807.102 Revised 27853, 45771
1807.103 (b)(1)(iii) revised 27854
(b)(1)(i)(A) and (B) and (ii)(A) and (B) amended 45771
1807.170-1 Revised 27854
(a)(1)(iv) removed; (a)(1)(v) redesignated as (a)(1)(iv) 45771
1807.204 (Subpart 1807.2) Added 27854
1807.7102 (a) revised 27855
(c) revised 45771
1807.7105 (a) amended 27855, 45772
1807.7106 Amended 27855
1808.802 Amended 45772
1809.106-7001 Revised 27855
1809.202 Added 27855
1809.203-70 (a) revised 27855
1809.206-1 Added 27855
1812.302 -- 1812.303-70 (Subpart 1812.3) Revised 45772
1813.404 (a) amended 27855
1813.7003 (a) amended 27855
1814.201-3 Removed 27855
1815.406-3 Removed 27855
1815.406-5 (a) and (b) redesignated as (b) and (c); new (a) added;
new (b)(9) revised 27855
1815.407-70 Amended 27855
1815.412 Removed 28575
1815.507 (c) revised 27856
1815.570 Amended 45772
1815.613-70 Revised 27856
1815.613-71 (a)(4) added 27856
(a)(1) introductory text amended 45772
1815.704 Revised 45772
1819.001 Heading added 27856
1819.001-70 Redesignated from 1819.101 and heading revised 27856
1819.101 (Subpart 1819.1) Heading removed 27856
1819.101 Redesignated as 1819.001-70 and heading revised 27856
1822.305 (Subpart 1822.3) Added; interim 4502
Removed 23765
1822.403-1 -- 1822.403-4 (Subpart 1822.4) Added; interim 4502
Removed 23765
1822.1103 (a) revised 45772
1825.109 Removed 27856
1825.109-70 Removed 27856
1825.604 (e) added 27856
1827.373 (a)(1) and (c)(1) revised; (g) added 27856
1827.474 (b)(2) revised 45772
1827.475-10 Removed 45773
1832.470 Removed 27856
1833 Heading revised 27856
1833.211-70 Added 27856
1836.203 (a) amended 27857
1836.602-71 (b) revised 45773
1837.204-70 (d) revised 27857
(d) and (e) revised 45773
1837.204-71 Added 27857
1837.205-71 (b)(1) and (4) revised 27857
1839.7003-2 Amended 27857
1839.7005 (a) revised 45773
1842.202-70 (e) amended 27857
(a)(1) amended; (b) revised 45773
1842.202-71 (b)(2) removed; (b)(3) and (4) redesignated as (b)(2)
and (3) 45773
1842.302 Text added 45773
1845.106-70 (c) revised 27857
1845.302-70 (a) amended 27857
1845.7103 Amended 45774
1845.7205 (f)(1) revised 27857
1846.673 (a) revised 45774
1847.506-70 (a) revised 27857
1847.507 Added 27858
1851.7003 (c) revised 27858
1851.7004 Revised 27858
1851.7005 Revised 27858
1852.214-70 Removed 27858
1852.215-10 Removed 28575
1852.215-73 Removed 27858
1852.222-4 Added; interim 4502
Removed 23765
1852.222-7 Added; interim 4503
Removed 23765
1852.225-70 Removed 27858
1852.227-82 Removed 45774
1852.227-84 Added 27858
1852.227-85 Added 27858
1852.235-70 Revised 45774
1852.251-70 Revised 27858
1853.107 Revised 45774
1853.207 (b) revised 27859
1853.212 Removed 45774
1853.223 Text added 45774
1853.227 Added 45774
1853.251 Revised 27859
Heading revised 45774
Chapter 24
2401.403 Amended 7948
2401.404 Amended 7948
2403.203 Amended 7948
2403.204 Amended 7948
2403.303-70 Amended 7948
2403.601 Amended 7948
2407.102 Amended 7948
2413 Authority citation revised 40333
2413.404 Added (effective date pending) 40333
2414.407-701 (d) correctly designated 7948
2415.506 (b)(2) redesignated as (b)(3); new (b)(2) added 7948
2416.405 Amended 7949
2433.000 Revised (effective date pending) 40333
2433.104 (f) revised (effective date pending) 40333
2433.104-70 Text added (effective date pending) 40333
2433.105 Revised (effective date pending) 40333
Chapter 28
2801.601 Revised 758
2801.602-70 (e) introductory text amended; (e)(1) through (4) added
759
2835.003-70 Revised 759
48 CFR 2870.204 1987
48 CFR
52 FR
Page
Chapter 15
1537.205 (b)(3) removed 8073
Chapter 16
Chapter established 16037
1601 -- 1606 (Subchapter A) Heading added 16037
1601 Added 16037
1602 Added 16038
1603 Added 16039
1604 Added 16039
1605 Added 16039
1606 Added 16039
1614 -- 1616 (Subchapter C) Heading added 16039
1614 Added 16039
1615 Added 16040
1616 Added 16041
1622 -- 1624 (Subchapter D) Heading added 16041
1622 Added 16041
1624 Added 16041
1631 -- 1649 (Subchapter E) Heading added 16041
1631 Added 16041
1632 Added 16043
1633 Added 16043
1644 Added 16043
1646 Added 16044
1649 Added 16044
1652 -- 1653 (Subchapter H) Heading added 16044
1652 Added 16044
1653 Added 16048
Chapter 18
1801 Revised 34790
1801.105-1 Revised (OMB numbers) 15414
1801.105-1 Revised 46765
1801.603-2 (d)(2) amended 15414
1801.670 Revised 46765
1802.101 Revised 15414, 34795
1803.303 (a)(5) and (c) revised 34796
1803.7001 Revised 34796
1804.7002 Revised 34796
1804.7100 Amended 15415
1804.7102-2 (a) and (b) amended; (f) removed; (g) and (h)
redesignated as (f) and (g) 15415
1804.7102-4 (a) revised 15415
1804.7102-5 (c) removed; (d) redesignated as (c) 15415
1804.7103-2 Revised 15415
1804.7401 (Subpart 1804.74) Added 34796
1805.202 Revised 46766
1805.205 Revised 34796
1805.207 Revised 34796
1805.302 -- 1805.303-71 (Subpart 1805.3) Revised 34797
1805.403-70 Revised 34798
1807.103 (b)(2) revised 46766
1807.7102 (a) introductory text amended; (d)(1) removed; (d) (2)
and (3) redesignated as (d) (1) and (2) 46766
1808.302 Removed 46766
1808.303 Amended 15415
1808.304-2 (c) amended 15415
1808.304-4 (a) amended 15415
1808.304-571 Amended 15415
1809.106-7204 (a)(2)(ii) amended 46766
1809.206-71 Revised 15415
1810.002-70 Revised 34798
1810.004 (a) revised 34798
1810.004-71 (a) through (g) revised 34798
1810.007 Revised 15415
1810.008 Revised 34798
1810.008-70 Revised 34798
1810.011 Revised 15415
1812.104-70 (c) added 34798
(b) amended 46766
1813.204 -- 1813.205 Added 46766
1813.303 Revised 34799
1813.403-70 (c)(2) amended 34799
1815.407 Revised 15415
1815.407-70 Revised 15415
1815.412 Added 15415
1815.413-2 (c) amended 15416
(e) amended 46766
1815.613-70 Amended 15416
1815.805-5 (a) revised 34799
1815.870-1 -- 1815.870-2 Revised 34799
1815.970 (f) introductory text revised 46766
1815.1003 Amended 15416
1816.203-4 Revised 34799
1816.303 Revised 34800
1816.603-71 Revised 34801
1816.702 Removed 34801
1822.101-1 (c) revised 15416
1822.103-4 Revised 15416
1822.608-5 Revised 34801
1822.804-2 Revised 15416
1823.7002 (d)(1)(vii) revised 34801
1825.402 Text added 15416
1827.404 -- 1827.409 (Subpart 1827.4) Revised 46767
1828.305 (b)(2)(ii) revised 15416
1828.309 (a) designation removed 15416
1830.101 Revised 46769
1830.201-5 (Subpart 1830.2) Added 46769
1830.304 (Subpart 1830.3) Removed 46769
1831 Revised 46769
1831.303 (Subpart 1831.3) Added; interim 13685
1831.703 (Subpart 1831.7) Added; interim 13685
1832.111-70 (d) amended 15416
(e) added 34802
(d) revised 46769
1832.171 Removed 34802
1832.501-170 Removed 46770
1832.705-270 Revised 46770
1835.070 (c) revised 15416
1836.370 Revised 46770
1836.770 Removed 46770
1837.106 Removed 46770
1839.7001 Revised 15416
1842.101 Revised 34802
1842.173 Revised 34802
1842.202-70 (d) revised 34802
1842.7001 (Subpart 1842.70) Added 34802
1845.102-70 (a)(3) revised 34802
1845.106-70 (d) revised 34802
1845.106-71 Added 34802
1845.505-14 Revised 34802
1845.7101 Amended 34803
1846.709-70 Amended 15417
1847.7001 (Subpart 1847.70) Added 34805
1852.000 Revised 15417
1852.204-71 Revised 15417
1852.204-72 Amended 15417
1852.204-73 Added 34805
1852.208-7000 -- 1852.208-7001 Removed 46770
1852.208-7002 Revised 46770
1852.208-7007 Revised 46770
1852.208-7008 Revised 46770
1852.208-7009 Revised 46770
1852.208-7010 Revised 46771
1852.210-70 Revised 15417
1852.212-72 Added 34805
1852.215-72 Amended 15417
1852.215-73 Added 15417
1852.223-3 Removed 46771
1852.223-370 Removed 46771
1852.227-14 Added 46771
1852.227-19 Added 46771
1852.227-74 -- 1852.227-81 Correctly removed 47936
1852.227-83 Correctly removed 47936
1852.227-86 Added 46771
1852.231-70 -- 1852.231-71 Removed 46772
1852.232-71 Revised 46772
1852.232-78 Amended 15417
Revised 46772
1852.232-79 Added 34806
1852.232-80 Added 46772
1852.232-1670 Added 46772
1852.233-1 Revised 15418
1852.235-71 Revised 15418
1852.236-70 Revised 46772
1852.236-71 Revised 46772
1852.236-72 Added 46773
1852.242-70 Added 34806
1852.243-70 Amended 15418
Revised 46773
1852.245-71 Amended 15418
1852.245-73 Revised 34806
1852.247-71 Added 34806
1852.249-72 Amended 15418
1852.250-70 Revised 15418
1852.250-72 Revised 15419
1853.201 Removed 46773
1853.246 (a) amended 46773
1870 Added 15419
1870.103 Appendix I amended 34807
Chapter 24
2401.601-70 Redesignated as 2401.601-71; new 2401.601-70 added 47396
2401.601-71 Redesignated as 2401.601-72; new 2401.601-71
redesignated from 2401.601-70 47396
2401.601-72 Redesignated as 2401.601-73; new 2401.601-72
redesignated from 2401.601-71 47396
2401.601-73 Redesignated as 2401.601-74; new 2401.601-73
redesignated from 2401.601-72 47396
2401.601-74 Redesignated from 2401.601-73 47396
2402.101 Amended 47396
2413.404 Eff. 3-2-87 3663
2433.000 Eff. 3-2-87 3663
2433.104 Eff. 3-2-87 3663
2433.104-70 Eff. 3-2-87 3663
2433.105 Eff. 3-2-87 3663
Chapter 28
2801.31 (c) amendment confirmed 34390
2801.304 (b) amendment confirmed 34390
2801.403 (a) amendment confirmed 34390
2801.601 (c)(1)(i) introductory text amended; (c)(1)(i)(A) revised
32796
(a) introductory text revision confirmed 34390
2801.602-70 Revision confirmed; (f) amended 34390
2801.603 Added 32797
2804.601 (a) and (b) amendment confirmed 34390
2804.803-70 (b)(1) table, (2) table, (3) table and (4) table revised
4320
(b) (1) and (2) and (c) revision and (b)(3) addition confirmed 34390
2804.7001 -- 2804.7002 (Subpart 2804.70) Revision confirmed 34390
2806 -- 2812 (Subchapter B) Heading revision confirmed 34390
2806 Addition confirmed 34390
2806.501 (a) revised 42295
2806.502 (b)(1) amended 34390
2807.102 (b) amendment confirmed 34390
2807.7000 -- 2807.7001 (Subpart 2807.70) Added 4320
2808.802-70 Amendment confirmed 34390
2808.1102-70 Amended 34390
2809.400 (b) amended 34390
2809.470 (a)(4) amended 34390
2810.007 Amendment confirmed 34390
2812.303 (Subpart 2812.3) Added 4320
2814 Heading revision confirmed 34390
2814.000 Amendment confirmed 34390
2815.104 -- 2815.105-70 (Subpart 2815.1) Removal confirmed 34390
2815.307 (Subpart 2815.3) Removal confirmed 34390
2815.803-70 Amendment confirmed 34390
2827 Removed 34390
2830.201-270 Amendment confirmed 34390
2831.101-70 (b) amendment confirmed 34390
2834 Addition confirmed 34390
2834.002-70 (b)(1) and (e) amended; (f) added 34390
2835.003-70 (a) amendment confirmed 34390
2852.227-70 -- 2852.227-74 Removed 34390
48 CFR 2870.204 1988
48 CFR
53 FR
Page
Chapter 15
1505.202 Revised 31871
1506.302-5 Added 31872
1515.413 Added 38293
1515.604-70 (a) amended 38293
Chapter 16
1602.170-9 Redesignated as 1602.170-10; new 1602.170-9 added 51783
1602.170-10 Redesignated as 1602.170-11; new 1602.170-10
redesignated from 1602.170-9 51783
1602.170-11 Redesignated from 1602.170-10 51783
1632.111 Removed 51784
1632.170 -- 1632.172 Added 51784
1652.232-70 Redesignated as 1652.232-72; new 1652.232-70 added 51784
1652.232-71 Added 51784
1652.232-72 Redesignated from 1652.232-70 51784
Chapter 18
Chapter revised 28186
1801.301 -- 1801.303-70 (Subpart 1801.3) Revised 26932
1801.401 Revised 26933
1801.602-3 Added 13056
Revised 38414
1804.103 Revised 51340
1804.170 (b) amended 38414
1804.402 Revised 38414
1804.404-70 Added 51340
1804.671-8 Removed 26933
1804.676 Amended 51340
1804.7102 Amended 38414
1804.7102-4 (a) amended 38414
1804.7103-2 Amended 38414
1804.7401 (Subpart 1804.74) Removed 51340
1805.303-71 (b)(1) amended 26933
(b) (1) and (2) amended 38415
1807.101 -- 1807.170-3 (Subpart 1807.1) Revised 26933
1807.103 (a)(2)(vii) revised 38415
1807.7001 (Subpart 1807.70) Added 38415
(Subpart 1807.70) Heading revised 51340
1807.7100 -- 1807.7107 (Subpart 1807.71) Revised 26935
1807.7102 (c) revised 13056
1807.7105 (a) amended 13056
1807.7106 Introductory text and Table 7-1 heading revised 13056
1808.002-76 Added 51340
1808.303 Revised 26936
1808.304-5 Revised 26937
1808.304-570 Revised 26937
1808.304-572 (a)(2)(ii) and (4) amended 51340
1808.305 Amended 51340
1808.309 (a) through (i) amended 51340
1808.705-4 Removed 26937
1808.711 Removed 26937
1808.870 Added 51340
1809.670 (Subpart 1809.6) Added 51341
1810.011 Revised 51341
1810.011-70 Added 51341
1812.104-70 (d) and (e) added 51341
1813.205 Revised 51341
1814.201-6 Added 51341
1814.201-670 Added 51341
1814.404-170 (b)(2) revised 38415
1815.106 Removed 51341
1815.106-2 Removed 51341
1815.406-2 Added 51341
1815.406-4 Revised 51341
1815.406-5 Revised 51342
1815.407 (a) amended 32902
1815.407-70 (a) revised 13056
(c) through (i) added 51342
1815.412 Introductory text amended 32902
1815.413-2 (c)(2) amended 32902
(b) revised 52713
1815.502 -- 1815.570 (Subpart 1815.5) Revised 13056
1815.505-70 Amended 32902
1815.506 (b) added 32902
1815.613-70 Amended 32902
1815.613-71 (a)(1) introductory text revised 13057
Heading amended; (b) (1) and (2) revised 26937
(a) revised 38415
1815.708 Added 51342
1815.708-70 Added 51342
1815.1003 (Subpart 1815.10) Heading revised 51342
1816.202 Added 51342
1816.202-70 Added 51342
1816.203-4 (a) introductory text, (1), and (2) and (g) amended 51342
1816.207 Added 51342
1816.207-70 Added 51342
1816.307 Revised 51343
1816-307-70 Revised 51343
1816.404 Added 26937
1816.404-2 Added 26937
1816.405 Revised 51343
1816.405-70 Added 51343
1816.603-4 Added 51343
1816.603-470 Added 51343
1817.200 -- 1817.208 (Subpart 1817.2) Revised 26937
1817.204 (a) amended 51343
1817.504 (a) amended 32903
1819.001 Revised 13058
1819.170 (Subpart 1819.1) Added 51343
1819.202-4 Added 13058
1819.202-5 Removed 13058
1819.402 Removed 13058
1819.470 Removed 13058
1819.502-2 Removed 13058
1819.602-70 Revised 13058
1819.708 Added 51343
1819.708-70 Added 51343
1819.809-1 Revised 13058
Revised 51344
1819.810 Removed 13058
1822.302 (Subpart 1822.3) Added 13058
1822.403-4 -- 1822.406-13 (Subpart 1822.4) Added 13058
1822.608 Removed 26938
1823.303-70 Revised 51344
1823.7004 (e) and (f) added 51344
1824 Revised 26938
1824.102 (Subpart 1824.1) Added 38415
1824.202 (Subpart 1824.2) Added 38415
1825.101 -- 1825.105 (Subpart 1825.1) Revised 38415
1825.202 -- 1825.205-70 (Subpart 1825.2) Revised 38417
1825.402 Revised 13059
1825.405 Revised 51344
1825.407 Added 51344
1825.407-70 Added 51344
1825.605 Added 51344
1825.605-70 Added 51344
1825.703 (a) and (b) designation removed 51344
1825.904 Added 51344
1825.903-70 Redesignated as 1825.904-70 51344
1825.904-70 Redesignated from 1825.903-70 51344
1827.303 Added 51344
1827.371 Revised 13059
1827.373 Heading, (a) (1) through (3) revised; (a)(4) added 51344
1827.374-1 (f) removed; (g) and (h) redesignated as (f) and (g);
new (g) revised 13059
(d) amended 51345
1827.374-4 (a)(2) amended 51345
1827.404 (e)(1) amended 51345
1827.405 (a) (1) and (2) amended 51345
1827.409 (e), (f), (g) and (h) revised 51345
1828.106-6 Added 26938
1828.001 Added; interim 45096
1828.101 Added 51345
1828.101-70 Added 51345
1828.305 (b)(2) and (ii) revised 51345
1828.309 Amended 51345
1828.370 (a) revised; (c) added 51345
1828.372 Added 38418
1828.373 Added; interim 45096
1829.170 Removed 13059
1829.203 (Subpart 1829.2) Added 13059
Revised 38418
1830.7000 -- 1830.7002-6 (Subpart 1830.70) Added 38418
1831.303 (Subpart 1831.3) Removed 47956
1831.703 (Subpart 1831.7) Removed 47956
1832.111-70 Revised 13059
1832.172 Removed 26938
1832.402 Revised 26938
1832.502-4 Added 38421
1832.502-470 Added 38421
1832.704 (b) revised 38421
1832.705-270 (c) and (d) added 38421
1832.806 (Subpart 1832.8) Removed 38421
1832.908 (Subpart 1832.9) Added 13060
1833.103 Revised 51346
1833.104 Revised 51346
1835.016 Added 32903
1835.016-70 Added 32903
1835.071 Amended 38421
1836.370 (b) amended 13060
1836.570 -- 1836.570-2 (Subpart 1836-5) Added 51346
1837.110 Heading added 51346
1837.110-70 Added 51346
1839.000 Removed 26938
1842.202 (a)(2)(iv) removed; (a)(2) (v) through (viii) redesignated
as (a)(2) (iv) through (vii)38421
1842.202-70 (a) amended; (d) removed; (e) and (f) redesignated as
(d) and (e) 38421
1842.202-72 Added 38421
1842.270 Added 13060
(b), (c), and (d) revised 26938
1842.803 (c)(5) amended 51347
1842.7001 -- 1842.7003 (Subpart 1842.70) Revised 51347
1842.7001 (a) revised 26938
1845.106-70 Revised 38421, 38422
1845.302-2 Revised 38423
1845.302-270 Removed 38423
1845.406 Added 38423
1845.502-70 Removed; new 1845.502-70 redesignated from 1845.502-71
38424
1845.502-71 Redesignated as 1845.502-70; new 1845.502-71
redesignated from 1845.502-72 38424
1845.502-72 Redesignated as 1845.502-71 38424
1845.604 Revised 38424
1845.607 Revised 38424
1845.607-70 Added 38424
1845.607-71 Removed 38424
1845.607-72 Removed 38424
1845.7101 Amended 26939
1846.270 (Subpart 1846.2) Added 38424
1846.470 (Subpart 1846.4) Added 38424
1846.674 Added 38424
1847.305-70 Revised 38424
1848 Revised 51347
1849.101-70 (a) introductory text revised 13060
1849.505 -- 1849.505-70 (Subpart 1845.5) Revised 38425
1849.603 -- 1849.603-70 (Subpart 1849.6) Revised 38425
1851.7001 -- 1851.7005 (Subpart 1851.70) Removed 13060
1852.102 Removed 51348
1852.102-2 Removed 51348
1852.103 Revised 26939
1852.103-70 (a) revised 13060
Revised 51348
1852.203-70 Revised 51348
1852.204-70 Revised 51348
1852.204-71 Revised 51348
1852.204-72 Revised 51349
1852.204-73 Removed 51349
1852.204-74 Added 51349
1852.204-75 Added 51349
1852.207-70 Added 38426
1852.208-70 Added 51349
1852.208-71 Added 51349
1852.208-72 Added 51349
1852.208-73 Added 51349
1852.208-74 -- 1852.208-77 Added 51350
1852.208-78 -- 1852.208-80 Added 51351
1852.208-7002 -- 1852.208-7012 Removed 51351
1852.208-81 Added 51351
1852.208-83 Added 51352
1852.209-70 Revised 51352
1852.209-71 Revised 51352
1852.209-72 Added 51352
1852.210-70 Revised 26939
Revised 51352
1852.210-71 Added 51352
1852.210-72 Added 51353
1852.210-75 Added 51353
1852.212-13 Removed 51353
1852.212-70 Revised 51353
1852.212-72 Revised 51353
1852.212-73 Added 51353
1852.212-74 Added 51354
1852.214-70 Added 51354
1852.214-71 Added 51354
1852.214-72 Added 51354
1852.215-2 Removed 51354
1852.215-12 Removed 51354
1852.215-70 Revised 51354
1852.215-71 Revised 51354
1852.215-73 Revised 51354
1852.215-74 Added 51354
1852.215-75 Added 51355
1852.215-76 Added 51355
1852.215-77 Added 51355
1852.215-78 Added 51355
1852.215-79 Added 51355
1852.215-80 Added 51355
1852.216-7 Amended 13060
Removed 51355
1852.216-13 Removed 51355
1852.216-26 Removed 13060
1852.216-70 Added 51355
1852.216-71 Added 51356
1852.216-72 Added 51357
1852.216-73 Added 51357
1852.216-74 Added 51357
1852.216-75 Added 51357
1852.216-76 Added 51357
1852.216-7001 -- 1852.216-7007 Removed 51357
1852.216-78 -- 1852.216-80 Added 51357
1852.216-81 -- 1852.216-87 Added 51358
1852.216-770 Removed 13060
1852.217-70 Revised 51359
1852.217-71 Removed 26939
1852.217-72 Removed 26939
1852.219-70 Added 13060
1852.219-71 Added 13061
1852.219-70 -- 1852.219-71 Removed 51359
1852.219-72 -- 1852.219-73 Added 51359
1852.222-70 Revised 13061
1852.222-71 Revised 13061
Revised 51359
1852.223-70 Revised 51359
1852.223-71 Revised 51360
1852.223-72 Revised 51360
1852.223-73 Revised 51360
1852.225-71 Revised 51360
1852.225-72 Revised 51360
1852.225-73 Revised 51360
1852.227-11 Removed 51360
1852.227-14 Removed 51360
1852.227-19 Removed 51360
1852.227-70 Revised 13061
1852.228-70 Revised 51360
1852.228-71 Revised 51362
1852.228-72 Revised 51363
1852.228-73 -- 1852.228-75 Added 38426
1852.228-73 Revised 51364
1852.228-74 Revised 51364
1852.228-75 Revised 51364
1852.228-76 Added; interim 45096
1852.228-77 Added 51364
1852.228-470 Removed 51360
1852.232-1 Removed 13063
1852.232-2 Removed 13063
1852.232-4 Removed 13063
1852.232-7 Removed 13063
1852.232-10 Removed 13063
1852.232-16 Removed 13063
1852.232-22 Added 38427
1852.232-25 Added 13063
1852.232-71 Removed 13063
1852.232-73 Removed 13063
1852.232-74 Removed 13063
1852.232-77 Introductory text revised 13063
1852.232-78 Removed 13063
1852.232-79 Introductory text revised 13063
1852.232-81 Added 38427
1852.232-82 Added 38427
1852.232-1670 Removed 13063
1852.235-72 Introductory text revised 13063
Introductory text amended 26939
1852.236-72 Introductory text revised 13063
1852.236-73 Added 51364
1852.236-74 Added 51365
1852.237-70 Added 51365
1852.242-70 Revised 26939
1852.242-71 Added 51365
1852.242-72 Added 51365
1852.245-70 Revised 13063
1852-245.71 Introductory text revised 13064
1852.245-72 Introductory text revised 13064
1852.245-75 -- 1852.245-78 Added 38427
1852.245-79 Added 38428
1852.245-80 Added 38428
1852.246-70 -- 1852.246-72 Added 38428
1852.246-73 Added 38429
1852.247-72 Added 38429
1852.247-73 Added 38429
1852.250-70 Amended 38429
Introductory text amended 51365
1852.250-71 Amended 38429
Introductory text amended 51365
1852.251-70 Removed 13064
1853.242-70 (f) added 13064
1853.251 Removed 13064
1870.103 Appendix I amended 13064, 26940
1870.201 -- 1870.203 (Subpart 1870.2) Added 32905
1870.301 -- 1870.303 (Subpart 1870.3) Added 38429
Chapter 24
2401 Authority citation revised 46533
2401.403 Amended (effective date pending) 46533
2401.601-70 Eff. 3-4-88 7187
2401.601-71 Eff. 3-4-88 7187
2401.601-72 Eff. 3-4-88 7187
2401.601-73 Eff. 3-4-88 7187
2401.602-3 Added (effective date pending) 46533
2401.602-70 Removed (effective date pending) 46533
2402.101 Eff. 3-4-88 7187
Amended (effective date pending) 46534
2406.304-70 (a)(1) amended (effective date pending) 46534
2409 Authority citation revised 46534
2409.504 (a)(5) revised; (b) removed; (c), (d) and (e) redesignated
as (b), (c) and (d); new (b)(1) amended; new (d) revised (effective
date pending) 46534
2409.508 -- 2409.508-2 Added (effective date pending) 46534
2412 Added (effective date pending) 46534
2413 Authority citation revised 46534
2413.107 (Subpart 2413.1) Added (effective date pending) 46535
2413.505 -- 2413.505-2 (Subpart 2413.5) Added (effective date
pending) 46535
2414.406-3 (e)(3) amended (effective date pending) 46535
2415.407 Added (effective date pending) 46535
2415.411 Added (effective date pending) 46535
2415.411-70 Added (effective date pending) 46535
2416.405 Revised (effective date pending) 46535
2416.504 Added (effective date pending) 46535
2417 Added (effective date pending) 46535
2419.503 (a) heading revised; (a) text amended (effective date
pending) 46535
2422 Added (effective date pending) 46535
2424 Authority citation revised 46536
2424.202-70 Added (effective date pending) 46536
2426 Added (effective date pending) 46536
2427 Added (effective date pending) 46536
2432 Revised (effective date pending) 46536
2434 Added (effective date pending) 46537
2437.101 -- 2437.110 (Subpart 2437.1) Heading and sections added
(effective date pending) 46537
2442 Added (effective date pending) 46537
2446 Added (effective date pending) 46537
2451 Added (effective date pending) 46538
2452 Added (effective date pending) 46538
2453 Added (effective date pending) 46543
2470 (Subchapter U) Removed (effective date pending) 46544
Chapter 28
2801.301 (c) amended 49665
2801.602-3 Added 49665
2801.602-70 (a), (b), (c), and (d) revised 49665
2801.603 (b)(2) amended 49665
2804.70 Removed 49665
2804.7001 (a) and (b) removed 12421
(a) and (b) correctly removed 12866
2804.7002 Revised 12421
2806.501 (b) amended 49666
2832.7000 -- 2832.7001 (Subpart 2832.70) Heading amended 12421
2832.7000 Revised 12421
2832.7001 Revised 12421
2832.7002 Removed 12421
2845 (Subchapter G) Added 49666
2845 Added 49666
2852.105-70 (b) amended 49666
2852.232-70 -- 2852.232-78 Removed 12422
2852.232-79 Amended 49666
48 CFR 2870.204 1989
48 CFR
54 FR
Page
Chapter 15
1515.407 (a)(3) revised; (b) removed; (c) redesignated as (b);
eff. 10-15-89 36980
1529 Added 49998
1532.908 (Subpart 1532.9) Added 9215
Amended; interim 40876
1532.70 -- 1532.7003 (Subpart 1532.70) Removed 9215
1552.215-75 Removed; eff. 10-15-89 36980
1552.215-76 Introductory text and (q) revised; eff. 10-15-89 36980
1552.229-70 Added 49998
1552.232-70 Revised 9215
Amended; interim 40876
1552.232-71 -- 1552.232-72 Removed 9216
Chapter 18
1801.270 Revised 53622
1801.270-4 Revised 10796
1801.271 Revised 53622
1801.272 Added 53622
1801.272-1 Added 53622
1801.272-2 Added 53622
1801.272-3 Added 53622
1801.302 Added 53622
1801.302-70 (a) and (b) amended 53622
1803.104 Added 39360
1803.104-2 Added 53623
1803.104-4 Added 39360
1803.104-5 Added 39360
1803.104-6 Added 39360
1803.104-7 Added 39361
1803.104-9 Added 39361
1803.104-11 Added 39361
1803.104-12 Added 39361
1804.103 Added 39361
1804.404-70 Amended 39361
1804.601 Amended 53623
1804.602 Added 39361
1804.603 Added 39361
1804.671 Amended 53623
1804.671-1 (a)(1)(v) added 39362
Revised 53623
1804.671-4 Revised 39362
Revised 53623
1804.671-5 Revised 39368
Removed 53630
1804.671-6 (d) revised 39369
1804.7102-7 (b)(2) revised 10796
Revised 39369
1805.207 Revised 39369
1805.303-71 (b)(1) introductory text revised 10796
1807.103 (b)(1) introductory text revised; (b)(2) removed; (b)(3)
redesignated as (b)(2) 10796
1807.170-1 Revised 10796
1807.7200 -- 1807.7206 (Subpart 1807.72) Added 39370
1808.304-573 Added 53630
1809.106-70 (f)(2)(ii) amended 39370
1809.404 Revised 39370
1809.405 Revised 39370
1809.405-1 Revised 39370
1809.405-2 Revised 39371
1813.7101 -- 1813.7107 (Subpart 1813.71) Added 53630
1814.201-2 Revised 39371
1814.202 Added 53630
1814.202-7 Added 53630
1815.402 Added 53631
1815.413-2 (e) removed 39371
1815.613-70 Amended 10798
1815.613-71 (a)(4) revised 10798
1815.805-5 (e) amended 53631
1815.806 Removed 39371
1815.904 Removed 53631
1815.1003 -- 1815.1003-4 (Subpart 1815.10) Revised 10798
1816.203-4 (a) removed; (b) through (g) redesignated as (a) through
(f); new (a) amended 10798
1816-307-70 (c) amended 10798
1817.200 Revised 53631
1817.204 (a) revised 53631
1819.170 (Subpart 1819.1) Heading Revised 39371
1819.501 Revised 53631
1819.505 (a) amended 53631
1819.1005 (Subpart 1819.10) Added 39371
1822.101-72 Added 39371
1822.608-4 Added 10799
1822.1000 -- 1822.1051 (Subpart 1822.10) Revised 10799
Removed 21222
1822.1001 -- 1822.1008 (Subpart 1822.10) Revised 39371
1823.7102 Revised 10806
1824.103 Added 39372
1825.1002 -- 1825.1004 (Subpart 1825.10) Added 39372
1825.7100 -- 1825.7105 (Subpart 1825.71) Added; interim 18113
1825.7104 (b) (2) and (3) corrected 19576
1827.372 (a)(1) revised; (h) and (i) redesignated as (i) and (j);
new (h) added 39372
1827.373 (a) revised 39372
1827.374-1 (a) through (g) redesignated as (b) through (h); new (a)
added 39373
1827.374-2 Revised 39373
1827.407 Added 39373
1827.670 -- 1827.670-2 (Subpart 1827.6) Added 39373
1828.001 Added 7037
1828.373 Added 7037
1832.702-70 (d) added 53631
1832.705-2 Revised 10806
1832.705-270 (d) removed 10806
1832.903 -- 1832.970 (Subpart 1832.9) Revised 53631
1832.908 Revised 10806, 39373
1834.005-1 Added 10807
1835.070 Heading revised 10807
1836.602-70 (b) revised 39373
1836.602-71 Revised 39374
1836.609 Removed 10807
1836.609-70 Removed 10807
1837.101 Added 5625, 10807
1837.110 Text added 5625
Revised 10807
1837.170 Added 5625, 10807
1837.200 -- 1837.205-73 (Subpart 1837.2) Heading revised 39374
1842.202-71 Revised 10807
1842.7003 (b) revised; (c) added 39374
1843.205 -- 1843.270 (Subpart 1843.2) Revised 10807
1845.102 (c) added 39374
1845.102-70 Revised 39374
1845.106 Revised 10808
1845.106-70 Heading revised 10808
1845.302-72 Added 10808
1846.470 Amended 10808
1847.305-70 (a) revised 10808
1848.102 -- 1848.104-2 (Subpart 1848.1) Revised 10808
1848.201 -- 1848.201-70 (Subpart 1848.2) Revised 10809
1850.402 Revised 39374
1850.403-2 Revised 39375
1850.403-70 Revised 39375
1850.403-370 Revised 39375
1852.204-75 Revised 39375
1852.214-71 Amended 10809
1852.216-70 -- 1852.216-71 Removed 10809
1852.216-72 Amended 10809
1852.216-82 (a) revised 10809
1852.222-40 Added 10809
Removed 21222
1852.222-41 Added 10809
Removed 21222
1852.222-43 Added 10812
Removed 21222
1852.225-74 Added; interim 18114
1852.225-75 Added; interim 18114
1852.227-70 Amended 53631
1852.227-73 Removed 39375
1852.227-84 Revised 53631
1852.227-87 Added 39375
1852.228-76 Added 7037
1852.232-22 Removed 10813
1852.232-25 Removed 10813
1852.232-75 Revised 10813
1852.232-77 Revised 10813
1852.232-80 Revised 10813
1852.232-81 Revised 10813
1852.232-82 Revised 10814
1852.233-1 Removed 10814
1852.235-70 -- 1852.235-72 Revised 10814
1852.236-70 -- 1852.236-72 Revised 10814
1852.237-70 Introductory text amended 39376
1852.242-70 Revised 10814
1852.242-72 Revised 39376
1852.243-1 -- 1852.243-3 Removed 10815
1852.243-70 Revised 10815
1852.245-70 Revised 10815
1852.245-71 -- 1852.245-73 Revised 10816
1852.245-74 Added 10819
1852.245-75 Revised 10817
1852.245-77 -- 1852.245-79 Revised 10817
1852.245-80 Revised 10818
1852.246-70 Revised 10818
1852.247-70 -- 1852.247-71 Revised 10818
1852.247-70 Amended 39376
1852.247-73 Revised 10819
1852.249-72 Revised 10819
1852.250-70 Amended 39376
1852.250-71 Removed 39376
1852.250-72 Amended 53632
1852.252-70 Revised 10819
1853.204-70 (b) revised 39376
Revised 53632
1853.223 Removed 10819
1870.401 -- 1870.403 (Subpart 1870.4) Added 53632
Chapter 24
2401.403 Amendment; eff. 3-3-89 8336
2401.602-3 Addition; eff. 3-3-89 8336
2401.602-70 Removal; eff. 3-3-89 8336
2402.101 Amendment; eff. 3-3-89 8336
2406.304-70 (a)(1) amendment; eff. 3-3-89 8336
2409.504 (a)(5) revision, (b) removal, (c) through (e) redesignation
as (b) through (d); new (b)(1) amendment; new (d) revision; eff.
3-3-89 8336
2409.508 -- 2409.508-2 Additions; eff. 3-3-89 8336
2412 Addition; eff. 3-3-89 8336
2413.107 (Subpart 2413.1) Addition; eff. 3-3-89 8336
2413.505 -- 2413.505-2 (Subpart 2413.5) Additions; eff. 3-3-89 8336
2414.406-3 (e)(3) amendment; eff. 3-3-89 8336
2415.407 Addition; eff. 3-3-89 8336
2415.411 Addition; eff. 3-3-89 8336
2415.411-70 Addition; eff. 3-3-89 8336
2416.405 Revision; eff. 3-3-89 8336
2416.504 Addition; eff. 3-3-89 8336
2417 Addition; eff. 3-3-89 8336
2419.503 (a) heading revision, (a) text amendment; eff. 3-3-89 8336
2422 Addition; eff. 3-3-89 8336
2424.202-70 Addition; eff. 3-3-89 8336
2426 Addition; eff. 3-3-89 8336
2427 Addition; eff. 3-3-89 8336
2432 Revision; eff. 3-3-89 8336
2434 Addition; eff. 3-3-89 8336
2437.101 -- 2437.110 (Subpart 2437.1) Addition; eff. 3-3-89 8336
2442 Addition; eff. 3-3-89 8336
2446 Addition; eff. 3-3-89 8336
2451 Addition; eff. 3-3-89 8336
2452 Addition; eff. 3-3-89 8336
2453 Addition; eff. 3-3-89 8336
2470 (Subchapter U) Removal; eff. 3-3-89 8336
Chapter 28
2801.404 Revised 40877
2801.470 Added 40877
2813.570 Added 40878
2819.506 (Subpart 2819.5) Added 40878
48 CFR 2870.204 1990
48 CFR
55 FR
Page
Chapter 15
1501.602-3 Added 18340
1501.670 Removed 18341
1501.670-6 (c) nomenclature change 24579
1502.100 Amended 24579
1503.301 Nomenclature change 24579
1503.408-1 Nomenclature change 24579
1503.409 Nomenclature change 24579
1503.502 Nomenclature change 24579
1506.202 Nomenclature change 24579
1510.007 Nomenclature change 24579
1510.011-73 Revised 39622
1510.011-74 -- 1510.011-77 Redesignated as 1510.011-75 --
1510.011-78; new 1510.011-74 added 39622
1513.404 Revised 48623
1514.201-7 Added 24579
1514.401-1 Revised 24579
1515.604 (a) amended 24579
1515.609 (a) amended; (b) revised 24579
1515.612 (a)(1) introductory text, (i), (ii), and (iii), and (2)
introductory text revised 24579
1515.804-3 Nomenclature change 24579
1515.902 (c) nomenclature change 24579
1515.1003 Amended 24579
1516.404-276 (a) nomenclature change 24579
1516.404-277 Nomenclature change 24579
1516.603 -- 1516.603-3 (Subpart 1516.6) Added 24580
1517.202 Nomenclature change 24579
1519.201-2 (c)(3) amended 24579
1522.608-4 Nomenclature change 24579
1522.803 Nomenclature change 24579
1522.1306 Nomenclature change 24579
1522.1403 Nomenclature change 24579
1527.404 (Subpart 1527.4) Subpart and section added 48623
1527.7000 -- 1527.7005 (Subpart 1527.70) Removed 48624
1530.304 Nomenclature change 24579
1531.101 Revised 24580
1532.102 Nomenclature change 24579
1532.908 Revised 38807
1533.209 Nomenclature change 24579
1536.209 Nomenclature change 24579
Revised 49283
1536.602-4 Revised 24580
1542.1202 (b) amended 24580
1545.403 Nomenclature change 24579
1552.210-72 Amended 39622
1552.210-73 Revised 39622
1552.210-74 -- 1552.210-77 Redesignated as 1552.210-75 --
1552.210-78; new 1552.210-74 added 39622
1552.215-76 Amended (OMB numbers) 13535
1552.227-70 Removed 48624
1552.227-71 Removed 48624
1552.227-72 Removed 48624
1552.227-73 Removed 48624
1552.227-74 Removed 48624
1552.227-75 Removed 48624
1552.232-70 Amended 38807, 39622
Chapter 16
1602.170-2 Revised 27414
1602.170-6 Revised 27414
1602.170-11 Redesignated as 1602.170-12; new 1602.170-11 added 27414
1602.170-12 Redesignated from 1602.170-11 27414
1615.802 (b) revised 27414
1615.804-70 Revised 27414
1615.804-71 Revised 27414
1615.804-72 Added 27415
1615.805-70 (c) redesignated as (d); new (c) added 27415
1616.102 -- 1616.105 (Subpart 1616.1) Nomenclature change 27415
1616.270 -- 1616.271 (Subpart 1616.2) Nomenclature change 27415
1622.103-70 Revised 27415
1632.806-70 (Subpart 1632.8) Added 27415
1652.203-70 Revised 27415
1652.204-70 Amended 27415
1652.204-71 Revised 27415
1652.215-70 Revised 27415
1652.215-71 Revised 27416
1652.216-70 Amended 27416
1652.216-71 Revised 27416
1652.222-70 Amended 27417
1652.224-70 Amended 27417
1652.232-72 Amended 27418
1652.232-73 Added 27418
1652.244-70 Amended 27418
1652.246-70 Revised 27418
1652.249-70 Amended 27418
1652.370 Amended 27418
Chapter 18
1803.602 Revised 12174
1803.804 -- 1803.806 (Subpart 1803.8) Added 12174
1804.470 Added 47478
1804.470-1 Added 47478
1804.470-2 Added 47478
1804.470-3 Added 47478
1804.470-4 Added 47478
1804.671-1 (a)(5) amended 27088
1804.671-6 (e) amended 47478
1805.303-70 (a)(1) introductory text amended 27088
1805.303-71 (a)(2), (b)(1) introductory text, (ii), and (2) amended
27088
1806.202-70 (a)(2)(i) and (3) amended 47478
1806.302-770 (c) amended 27088
(a) and (c) amended 47478
1806.304 (c) amended 47478
1806.304-70 Removed 12175
1807.103 (a)(1)(i)(B), (b)(1)(i), (A)(2), and (ii)(A)(2) amended
27088
(a)(1)(i)(B) corrected 39156
1807.7102 (b)(1)(ii) amended 27088
1807.7103-1 (a) revised 12175
1809.106-70 (d)(1) and (j)(2)(iv) introductory text amended 27088
1809.404 (b) amended 27088
1810.011-70 (d) amended 47478
Corrected 53153
1813.104 (c) amended 47478
1813.204 Amended 47478
1815.405-71 (b) amended 47478
1815.506 (a)(3) amended 27088
1815.609 Added 47478
1815.804-3 Amended 47478
1815.807-71 Amended 27088
1819.705-4 Added 47478
1819.7101 -- 1819.7103 (Subpart 1819.71) Added 47479
1819.801 Removed 12175
1819.803 Removed 12175
1819.804 Revised 12175
1819.808 Removed 12175
1819.809 Removed 12175
1819.809-1 Removed 12175
1822.804-2 -- 1822.870 (Subpart 1822.8) Revised 12175
1822.1306 Amended 27089
1825.108 Added 12175
1825.402 Amended 12175
1825.7004 Amended 27089
1825.7005 (a) amended 27089
1825.7100 -- 1825.7105 (Subpart 1825.71) Added 12175
Corrected 38808
1827.373 (a)(2) revised 27089
1827.409 (e), (f), and (g) revised 27089
1835.016-70 (b)(3) amended 27089
1837.200 -- 1837.205-71 (Subpart 1837.2) Revised 12176
1837.205 Revised 47479
1839.7001 Revised 12177
1839.7003-1 (d) amended 12177
1839.7003-2 (c) amended 12177
1839.7003-3 Revised 12177
1839.7004 (a) removed; (b) and (c) redesignated as (a) and (b); new
(a) amended 12177
1839.7005 Revised 12177
1839.7006 Revised 12177
1842.102-70 Amended 12177
1842.1004 Amended 47479
1842.7002 (a) designation and (b) removed 27089
1843.205 -- 1843.270 (Subpart 1843.2) Revised 47479
1846.470 -- 1846.470-2 (Subpart 1846.4) Revised 27089
1846.470 Revised 9447
1852.204-76 Added 47479
1852.208-81 Amended 27089
1852.208-83 Amended 12177
1852.210-75 Amended 47479
1852.219-74 Added 47479
1852.225-74 Added 12178
Corrected 38808
1852.225-75 Added 12178
Corrected 38808
1852.227-11 Added 27089
1852.227-14 Added 27089
1852.227-19 Added 27090
(a) amended 47480
Corrected 53153
1852.227-86 Amended 27090
1852.232-81 Amended 27090
1852.242-71 Amended 27090
1852.243-70 Revised 47480
1852.246-71 Amended 27090
1852.246-74 Added 9447
Revised 27090
1852.246-75 Added 27090
1852.250-72 Introductory text corrected 38808
1853.107 (a) amended 47480
1853.215-2 Amended 27090
1870.303 Appendix I amended 27090
1870.403 Appendix I amended 47480
Chapter 28
2804.900 -- 2804.970 (Subpart 2804.9) Added 14094
48 CFR 2870.204 1991
48 CFR
56 FR
Page
Chapter 15
1501.670-1 Removed 6288
1501.670-2 Removed 6288
1501.670-3 Removed 6288
1501.670-4 Removed 6288
1501.670-5 Removed 6288
1501.670-6 Removed 6288
1501.670-7 Removed 6288
1510.001 Added 42236
1510.002 Added 42236
1510.011-79 Added 42236
1513.570 Revised 32518
1516.301-70 Added; eff. 10-4-91 43711
1516.307 Existing text designated as (a); (b) added; eff. 10-4-91
43711
1516.404-276 (a) amended 6288
1537.200 -- 1537.205 (Subpart 1537.2) Revised 5957
1552.210-79 Added 42236
1552.216-74 Added; eff. 10-4-91 43711
Chapter 16
1631.205-41 Added 57496
1652.216-71 (b)(2)(ii) amended; (b)(2)(iv)(B) revised 57497
Chapter 18
1801.104-370 Revised 48738
(e) corrected 56691
1801.302-70 (b) amended 48738
1801.370 Added 48738
1801.402 Amended 12458
Corrected 15134
1801.471 (a)(1) amended 12458
1803.101 -- 1803.104-12 (Subpart 1803.1) Revised 8719
1804.202 (a) amended 12458, 48739
1804.470-2 Amended 8720
1804.671-4 (qqq) amended 8720
(d) and (u) amended; (l) revised; (ll) and (tt) revised; (ccc)
through (sss) redesignated as (ddd) through (ttt) and amended; new
(ccc) added 48739, 48740
1804.804-5 Revised 32115
1805.207 (b) amended 8721
1806.302-4 Added 8721
1806.302-470 Added 8721
1806.304 (a) amended 32115
(a) revised 48740
1807.170-1 (c) redesignated as (d); new (c) added 48740
1807.170-2 Amended 48740
1807.7102 (a) amended 32115
1808.304-573 Revised 12458
1810.002 Text added 48740
1812.302 (b) amended 48740
1812.303-70 (c) amended 48740
1814.404-170 (b) introductory text amended 8721
1815.613-70 Amended 8721
1815.804 -- 1815.872 (Subpart 1815.8) Revised 48740
1815.805-5 (b) revised 8721
1815.872 (c)(1) and (2) corrected 56691
1815.902 -- 1815.971 (Subpart 1815.9) Revised 48743
1815.1003-4 (c) revised 48746
1817.204 (a) amended 48746
1819.170 (Subpart 1819.1) Removed 8721
1819.705-4 Heading revised; existing text designated as (a); (b)
added 48746
1819.7001 -- 1819.7004 (Subpart 1819.70) Added 48746
1825.102 (b)(1) revised; (b)(2) redesignated as (b)(2)(ii)
introductory text and republished; (b)(2)(i) added; (b)(3) removed
48747
(b)(1) correctly revised; (b)(2) correctly redesignated as
(b)(2)(ii) introductory text; (b)(2)(i) correctly added; (b)(3)
correctly removed 00000
Corrected 52213
1825.407 Removed 32115
1825.407-70 Removed 32115
1825.703 Amended 32115
1825.901 (Subpart 1825.9) Revised 48747
1825.903 Amended 12458
1825.7100 Revised 32115
1825.7101 Amended 32115
1825.7104 Introductory text revised 32115
1825.7105 Revised 32115
1825.7200 (Subpart 1825.72) Added 12458
1827.404 (e)(1) amended 12458
1827.406 (b)(1)(v) amended 12458
(b)(1)(iv) and (v) amended 48747
1828.311-2 Revised 12459
1832.402-1 Added 48747
1832.410-70 (b) removed; (c) and (d) redesignated as (b) and (c);
new (c) revised 48747
1832.412-70 Added 48747
1832.501-1 Added; interim 63877
1832.503-4 Added; interim 63877
1832.702-70 (e) added 48747
1835.071 Revised 12459
1836.702 (Subpart 1836.7) Heading amended 8721
1837.110 Amended 48748
1839 Revised 32116
1839.7001 (b) corrected 38485
1839.7003-2 (a) introductory text corrected 38485
1842.202 Revised 32117
(b) amended 48748
1842.202-70 (a) revised 32118
1842.708 Added 12459
1842.708-70 Added 12459
1842.708-71 Added 12459
1842.708-72 Added 12459
1842.7003 (c) revised 48748
1845.302-71 (b) amended 32119
1845.302-72 (b) amended 32119
1846.270 (a) revised 12459
1849.101-70 (a)(3) amended 12460
1849.102-70 (b) introductory text, (c) and (d) amended 8721
1852.208-70 Introductory text amended 12460
1852.208-71 Introductory text amended 12460
1852.208-72 Introductory text amended 12460
1852.208-73 Introductory text amended 12460
1852.208-74 Introductory text amended 12460
1852.208-75 Introductory text amended 12460
1852.208-76 Introductory text amended 12460
1852.208-77 Introductory text revised 12460
1852.208-78 Amended 12460
1852.208-79 Introductory text amended 12460
1852.208-80 Introductory text amended 32119
1852.208-81 Amended 32119
1852.210-70 Introductory text amended 12460
1852.210-75 Amended 12460
1852.215-79 Introductory text amended 12460
1852.216-76 Introductory text amended 12460
1852.216-83 Introductory text amended 12460
1852.219-72 Removed 8721
1852.219-76 Added 48748
(a) corrected 56691
1852.223-70 Introductory text amended 12460
1852.225-72 Introductory text amended 12460
Removed 32119
1852.225-74 Amended 32119
1852.225-75 Amended 32119
1852.232-70 Added; interim 63877
1852.232-76 Added 48748
1852.235-70 Amended 48748
1852.242-70 Amended 32119
1852.242-71 Introductory text amended 12460
1852.243-70 Introductory text revised 12460
1852.246-70 Heading revised; text amended 12460
1852.250-70 Introductory text amended 12460
1853.204-70 (l) revised 32119
1853.207 (a) and (b) amended 8721
(b) amended 48748
1853.227 Removed 48748
Chapter 19
Chapter 19 Temporary waiver 22661
Chapter 28
2801.603 (c) heading revised; (c)(2)(ii), (3)(ii) and (4)(ii)
amended; (d) through (h) redesignated as (e) through (i); new (d) and
(f)(3) added 26340
2801.7001-701 -- 2801.7001-703 (Subpart 2801.70) Revised 37860
2803.408 (Subpart 2803.4) Heading added 26341
2803.502 (Subpart 2803.5) Heading added 26341
2804.903-70 (c) amended 26341
2805.503-70 (d) amended 26341
2806.302 -- 2806.302-70 (Subpart 2806.3) Added 26341
2806.501 (a) amended 26341
2815.805-570 Revised 26341
2819.701 -- 2819.702 (Subpart 2819.70) Added 26341
2870 (Subchapter I) Added 26342
48 CFR 2870.204 1992
48 CFR
57 FR
Page
Chapter 16
1602.170-9 Amended; interim 14359
1609 Added; interim 14359
1632.170 Revised; interim 14360
1632.171 Revised; interim 14360
1632.172 Revised; interim 14360
1649.002-70 Revised 19387
1652.216-71 (c)(3)4 Amended; interim 14360
1652.232-70 Heading and introductory text revised; interim 14360
1652.232-71 Heading and introductory text revised; (d) amended;
interim 14361
1652.249-70 Amended 19388
Chapter 18
1801.104-370 (a), (e), (f) and (g) amended 40852
1801.270 Amended 40852
1801.370 (a)(1)(i), (ii) and (b) amended 832
(a)(1)(ii), (iii), (2)(i) and (b) revised 40852
1801.471 (a) revised 40852
1803.804 (a) amended 40853
1804.470-3 Existing text designated as (a); (b) added 30909
(a) amended 40853
1804.470-4 Existing text designated as (a) and amended; (b) added
30909
1804.601 Amended 40853
1804.671-4 (k) and (w) amended 40853
1804.671-6 (e) amended 40853
1804.676 Amended 40853
1804.677 Added 3137
1804.677-1 Added 3137
1804.677-2 Added 3137
1804.677-3 Added 3137
1804.677-4 Added 3137
1804.677-5 Added 3138
1804.677-6 Added 3138
1805.403-70 Amended 40853
1806.202-70 (a)(2)(i) and (3) amended 832
1806.302-770 (a) and (c) amended 832
1806.303-1 (b) amended 40853
1806.304 (c) amended 832
1807.7204 Amended 832
1807.7206 Amended 832
(b)(2) amended 40853
1808.303 (a) amended 40853
1808.304-571 Amended 40853
1808.305 (a) introductory text and (b) amended 40853
1808.307-70 Amended 40853
1809.104-70 Added; interim 8280
1809.106-70 (d)(1), (2) and (3) amended 40853
1809.404 (c) added 40853
1812.104-70 (d) amended 832
1813.104 (a) revised 40853
1815.613-71 (b)(5)(ii)(A) amended 40853
1815.804-3 (a) through (d) redesignated as (b) through (e); new (a)
added 40853
(d) amended 40854
1815.807-72 (a) amended 40854
1815.808 (b) amended 832
(b) revised 40854
1815.970 (e) amended 832
1815.970-2 (d) amended 832
1815.970-3 (b) revised 40854
1816 Revised 832
1816.207-70 (a) amended 40854
1816.603-2 Correctly designated 4912
1819.505 (c) amended 40854
1822.101-1 (b) amended 40854
1822.101-4 Amended 40854
1822.302 Amended L40854
1822.403-4 Amended 40854
1822.404-3 Amended 40854
1822.406-2 Amended 40854
1822.406.8 Amended 40854
1822.406-9 Amended 40854
1822.406-11 Amended 40854
1822.604-2 Amended 40854
1822.608.4 Amended 40854
1822.1001 Amended 40854
1822.1003 Amended 40854
1822.1007 (a) and (b) amended 40854
1823.302 Heading revised; introductory text amended 836
1823.303-70 Amended 836
1823.370 Amended 836
1823.7002 (c) amended 836
1823.7004 (f) amended 40854
1825.402 Amended 40854
1825.402-70 Amended 40854
1825.403-70 Amended 40854
1825.901 (Subpart 1825.9) Revised 836
1825.1002 -- 1825.1004 (Subpart 1825.10) Removed 40854
1825.7002 Amended 40855
1825.7003 Amended 40855
1825.7006 (a) and (c) amended 40855
1827.670-2 Heading and text amended 40855
1830.7001 -- 1830.7002-2 (Subpart 1830.70) Revised 836
1831 Revised 837
1831.205-70 Amended 40855
1832.402 -- 1832.412 (Subpart 1832.4) Revised 838
1832.503-4 Heading revised 40855
1832.503-470 Added 40855
1832.702 -- 1832.705-270 (Subpart 1832.7) Revised 839
1832.903 -- 1832.970 (Subpart 1832.9) Revised 839
1833.103 (b) amended 40855
1833.104 (a)(2) amended 40855
1833.211 Amended 40855
1833.211-70 Amended 40855
1834 Revised; interim 30910
1836.602-70 (b)(1) and (2) amended 40855
1836.602-71 (b) amended 40855
1837.205 (c) amended 40855
1837.205-70 (a) and (b) amended 40855
1842.101 Amended 40855
1842.174 (b) amended 40855
1842.202 (c) revised 839
1842.202-70 (f) added 840
(d) amended 40855
1842.705-70 (b) revised and (c) added 840
1842.801 (Subpart 1842.8) Revised 840
1842.1008 Amended 840
1842.7101 (Subpart 1842.71) Added 840
1844.102 Revised 841
1844.102-70 Revised 841
1844.102-71 Heading and (a) amended 841
1844.302-70 Revised 841
1844.302-71 Revised 842
1844.304-70 Added 842
1844.305 Added 842
1844.307-70 Added 842
1845.106-70 (e) added 40855
1845.405 (b) amended 40855
1845.407 (a) amended 40855
1845.608-6 Amended 40855
1845.610-2 Amended 40855
1845.7203 Amended 40855
1845.7205 (f)(1) and (i) amended 40855
1845.7213 (c)(1) amended 40855
1849.111-71 (a)(1) amended 40855
1851.102 (b) amended 40855
1851.103 Revised 40856
1852.000 Revised 40856
1852.101 Heading revised; existing text designated as (a); (b) and
(c) added 40856
1852.204-70 Amended 40856
1852.204-76 Amended 30909
1852.204-77 Added 30909
1852.204-78 Added 30909
1852.208-83 Amended 40856
1852.216-72 Revised 842
1852.216-73 Revised 842
1852.216-74 Revised 842
1852.216-76 Revised 843
1852.216-79 Revised 843
1852.216-80 Revised 843
1852.216-81 Amended 40856
1852.216-82 Revised 843
1852.216-83 Revised 844
1852.216-84 Revised 844
1852.216-85 Revised 844
1852.216-86 Revised 844
1852.216-87 Amended 844
1852.223-73 Amended 40856
1852.228-70 Amended 40856
1852.228-76 Amended 40856
1852.231-70 Redesignated from 1852.232-80 and revised 844
1852.232-12 Redesignated from 1852.232-76 and revised 844
1852.232-70 Amended 40856
1852.232-75 Removed 844
1852.232-76 Redesignated as 1852.232-12 and revised 844
1852.232-80 Redesignated as 1852.231-70 and revised 844
1852.232-81 Amended 40856
1852.242-72 Amended 40856
1852.300 -- 1852.301 (Subpart 1852.3) Added 40856
1853.103 Amended 40856
1853.204-70 Heading revised; (o) added 3139
1853.215-2 Revised 844
1853.242-70 (d) amended 844
(c) revised 40856
1870.103 Appendix I amended 40856
1870.303 Appendix I amended 3139
Amended 40856
Chapter 20
Chapter 20 Established 29221
Chapter 25
2509 (Subchapter B) Added 34881
2527.7001 Revised 34882
2527.7002 Revised 34882
Chapter 28
2801.270 -- 2801.270-4 (Subpart 2801.2) Added 24555
2801.2801.603(f)(1)introductory text revised; (f)(3)(v) added; (h)
removed; (i) redesignated (h) 24555
2803.101-3 -- 2803.104-12 (Subpart 2803.1) Revised 24556
2803.804 (Subpart 2803.8) Added 24556
2804.601 (b) revised 24557
2804.803-70 (c) added 24557
2804.7000 (Subpart 2804.70) Added 24557
2805.201-70 (Subpart 2805.2) Added 24557
2805.302-70 (Subpart 2805.3) Added 24557
2806.303-2 Added 24557
2806.304 Added 24557
2807.103 Revised 24558
2810.001 Added 24558
2810.002 Added 24558
2813.7001 -- 2813.7002 (Subpart 2813.70) Added 24558
2817.200 (Subpart 2817.2) Added 24559
2833.105-70 (Subpart 2833.1) Added 24559
2834.002-70 (c) removed; (d), (e) and (f) redesignated as (c), (d)
and (e) 24559
48
Federal Acquisition Regulations System
CHAPTER 15 TO 28
Revised as of October 1, 1992
CONTAINING
A CODIFICATION OF DOCUMENTS
OF GENERAL APPLICABILITY
AND FUTURE EFFECT
AS OF OCTOBER 1, 1992
With Ancillaries
Published by
the Office of the Federal Register
National Archives and Records
Administration
as a Special Edition of
the Federal Register
48 CFR 2870.204 As of October 1, 1992
48 CFR 2870.204 Title 48, Chapter 15 to End,
48 CFR 2870.204 Revised as of October 1, 1991
48 CFR 2870.204 Is Replaced by Two Volumes
48 CFR 2870.204 Title 48, Chapter 15 to 28
48 CFR 2870.204 and
48 CFR 2870.204 Title 48, Chapter 29 to End
Washington, DC 20402-9328
48 CFR 2870.204 Table of Contents
Page
Explanation vii
Title 48:
Chapter 15 -- Environmental Protection Agency
Chapter 16 -- Office of Personnel Management Federal Employees Health
Benefits Acquisition Regulation
Chapter 17 -- Office of Personnel Management
Chapter 18 -- National Aeronautics and Space Administration
Chapter 19 -- United States Information Agency
Chapter 20 -- Nuclear Regulatory Commission
Chapter 22 -- Small Business Administration
Chapter 24 -- Department of Housing and Urban Development
Chapter 25 -- National Science Foundation
Chapter 28 -- Department of Justice
Finding Aids:
Table of CFR Titles and Chapters
Alphabetical List of Agencies Appearing in the CFR
List of CFR Sections Affected
48 CFR 2870.204 Explanation
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which usually bear the
name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
ISSUE DATES
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16 as of January 1
Title 17 through Title 27 as of April 1
Title 28 through Title 41 as of July 1
Title 42 through Title 50 as of October 1
The appropriate revision date is printed on the cover of each volume.
LEGAL STATUS
The contents of the Federal Register are required to be judicially
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie
evidence of the text of the original documents (44 U.S.C. 1510).
HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the individual
issues of the Federal Register. These two publications must be used
together to determine the latest version of any given rule.
To determine whether a Code volume has been amended since its
revision date (in this case, October 1, 1992), consult the ''List of CFR
Sections Affected (LSA),'' which is issued monthly, and the ''Cumulative
List of Parts Affected,'' which appears in the Reader Aids section of
the daily Federal Register. These two lists will identify the Federal
Register page number of the latest amendment of any given rule.
EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
Register since the last revision of that volume of the Code. Source
citations for the regulations are referred to by volume number and page
number of the Federal Register and date of publication. Publication
dates and effective dates are usually not the same and care must be
exercised by the user in determining the actual effective date. In
instances where the effective date is beyond the cut-off date for the
Code a note has been inserted to reflect the future effective date. In
those instances where a regulation published in the Federal Register
states a date certain for expiration, an appropriate note will be
inserted following the text.
OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires Federal
agencies to display an OMB control number with their information
collection request. Many agencies have begun publishing numerous OMB
control numbers as amendments to existing regulations in the CFR. These
OMB numbers are placed as close as possible to the applicable
recordkeeping or reporting requirements.
OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
the cover of each volume are not carried. Code users may find the text
of provisions in effect on a given date in the past by using the
appropriate numerical list of sections affected. For the period before
January 1, 1986, consult either the List of CFR Sections Affected,
1949-1963, 1964-1972, or 1973-1985, published in seven separate volumes.
For the period beginning January 1, 1986, a ''List of CFR Sections
Affected'' is published at the end of each CFR volume.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
separate volume, revised annually as of January 1, entitled CFR Index
and Finding Aids. This volume contains the Parallel Table of Statutory
Authorities and Agency Rules (Table I), and Acts Requiring Publication
in the Federal Register (Table II). A list of CFR titles, chapters, and
parts and an alphabetical list of agencies publishing in the CFR are
also included in this volume.
An index to the text of ''Title 3 -- The President'' is carried
within that volume.
The Federal Register Index is issued monthly in cumulative form.
This index is based on a consolidation of the ''Contents'' entries in
the daily Federal Register.
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of material appearing
in the Code of Federal Regulations.
INQUIRIES AND SALES
For a summary, legal interpretation, or other explanation of any
regulation in this volume, contact the issuing agency. Inquiries
concerning editing procedures and reference assistance with respect to
the Code of Federal Regulations may be addressed to the Director, Office
of the Federal Register, National Archives and Records Administration,
Washington, DC 20408 (telephone 202-512-1557). Sales are handled
exclusively by the Superintendent of Documents, Government Printing
Office, Washington, DC 20402 (telephone 202-783-3238).
Martha L. Girard,
Director,
Office of the Federal Register.
October 1, 1992.
48 CFR 2870.204 THIS TITLE
Title 48 -- Federal Acquisition Regulations System is composed of
eight volumes. The chapters in these volumes are arranged as follows:
Chapter 1 (parts 1 to 51), chapter 1 (parts 52 to 99), chapter 2 (parts
201 to 251 and parts 252 to 299), chapters 3 to 6, chapters 7 to 14,
chapters 15 to 28 and chapter 29 to end. The contents of these volumes
represent all current regulations codified under this title of the CFR
as of October 1, 1992.
The Federal acquisition regulations in chapter 1 are those
government-wide acquisition regulations jointly issued by the General
Services Administration, the Department of Defense, and the National
Aeronautics and Space Administration. Chapters 2 through 99 are
acquisition regulations issued by individual government agencies. Parts
1 to 69 in each of chapters 2 through 99 are reserved for agency
regulations implementing the Federal acquisition regulations in chapter
1 and are numerically keyed to them. Parts 70 to 99 in chapters 2
through 99 contain agency regulations supplementing the Federal
acquisition regulations.
The OMB control numbers for the Federal Acquisition Regulations
System appear in 1.105 of chapter 1. For the convenience of the user
1.105 is reprinted in the Finding Aids section of the second volume
containing chapter 1 (parts 52 to 99).
The two volumes containing chapter 1 include an index to the Federal
acquisition regulations. The second volume, containing chapter 1 (parts
52 to 99), includes contract clauses and forms.
For this volume, Donald J. Zero II was Chief Editor. The Code of
Federal Regulations publication program is under the direction of
Richard L. Claypoole, assisted by Alomha S. Morris.
48 CFR 0.0 48 CFR Ch. 15 (10-1-92 Edition)
48 CFR 0.0 Environmental Protection Agency
48 CFR 0.0 Title 48 -- Federal Acquisition Regulations System
48 CFR 0.0 (This book contains chapter 29 to End)
Part
chapter 29 -- Department of Labor 2901
chapter 34 -- Department of Education Acquisition Regulation 3401
chapter 35 -- Panama Canal Commission 3501
chapter 44 -- Federal Emergency Management Agency 4401
chapter 51 -- Department of the Army Acquisition Regulations 5108
chapter 52 -- Department of the Navy Acquisition Regulations 5215
chapter 53 -- Department of the Air Force Federal Acquisition
Regulation Supplement 5315
chapter 57 -- African Development Foundation 5706
chapter 61 -- General Services Administration Board of Contract
Appeals 6101
chapter 63 -- Department of Transportation Board of Contract Appeals
6301
chapter 99 -- Cost Accounting Standards Board, Office of Federal
Procurement Policy, Office of Management and Budget 9901
48 CFR 0.0 48 CFR Ch. 29 (10-1-92 Edition)
48 CFR 0.0 Department of Labor
48 CFR 0.0 CHAPTER 29 -- DEPARTMENT OF LABOR
48 CFR 0.0 (Parts 2900 to 2999)
48 CFR 0.0 SUBCHAPTER A -- GENERAL
Part
Page
2901 Department of Labor Acquisition Regulation System
2902 Definitions of words and terms
2903 Improper business practices and personal conflicts of interest
2904 Administrative matters
48 CFR 0.0
48 CFR 0.0 SUBCHAPTER B -- ACQUISITION PLANNING
2905 Publicizing contract actions
2906 Competition requirements
2907 Acquisition planning
2908 Required sources of supplies and services
2909 Contractor qualifications
2910 Specifications, standards, and other purchase descriptions
48 CFR 0.0
48 CFR 0.0 SUBCHAPTER C -- CONTRACTING METHODS AND CONTRACT TYPES
2913 Small purchase and other simplified purchase procedures
2914 Sealed bidding
2915 Contracting by negotiation
2916 Types of contracts
2917 Special contracting methods
48 CFR 0.0
48 CFR 0.0 SUBCHAPTER D -- SOCIOECONOMIC PROGRAMS
2919 Small business and small disadvantaged business concerns
2920 Labor surplus area concerns
2922 Application of labor laws to government acquisitions
2923 Environment, conservation, and occupational safety
2924 Protection of privacy and freedom of information
2925 Foreign acquisition
48 CFR 0.0
48 CFR 0.0 SUBCHAPTER E -- GENERAL CONTRACTING REQUIREMENTS
2928 Bonds and insurance
2929 Taxes
2930 Cost accounting standards
2931 Contract cost principles and procedures
2932 Contract financing
2933 Protests, disputes and appeals
48 CFR 0.0
48 CFR 0.0 SUBCHAPTER F -- SPECIAL CATEGORIES OF CONTRACTING
2935 Research and development contracting
2936 Construction and architect-engineer contracts
2937 Service contracting
48 CFR 0.0
48 CFR 0.0 SUBCHAPTER G -- CONTRACT MANAGEMENT
2942 Contract administration
2943 Contract modifications
2945 Government property
2948 Value engineering
2949 Termination of contracts
2951 Use of government sources by contractors
48 CFR 0.0
48 CFR 0.0 SUBCHAPTER H -- CLAUSE AND FORMS
2952 Solicitation provisions and contract clauses
2953 Forms
48 CFR 0.0
48 CFR 0.0 48 CFR Ch. 29 (10-1-92 Edition)
48 CFR 0.0 Department of Labor
48 CFR 0.0 SUBCHAPTER A -- GENERAL
48 CFR 0.0 PART 2901 -- DEPARTMENT OF LABOR ACQUISITION REGULATION SYSTEM
48 CFR 0.0 Subpart 2901.1 -- Regulation System
Sec.
2901.100 Scope of subpart.
2901.101 Purpose.
2901.102 Authority.
2901.103 Applicability.
2901.103-70 Exclusions.
2901.104 Issuance.
2901.104-1 Publication and code arrangement.
2901.104-2 Arrangement of regulations.
2901.104-3 Copies.
48 CFR 0.0 Subpart 2901.2 -- Administration
2901.201 Maintenance of the FAR.
2901.201-1 The Civilian Agency Acquisition Council.
48 CFR 0.0 Subpart 2901.3 -- Agency Acquisition Regulations
2901.301 Policy.
2901.302 Limitations.
2901.303 Codification and public participation.
2901.304 Agency control and compliance procedures.
48 CFR 0.0 Subpart 2901.4 -- Deviations From the FAR and DOLAR
2901.403 Individual deviations.
2901.404 Class deviations.
2901.405 Deviations pertaining to treaties and executive agreements.
48 CFR 0.0 Subpart 2901.6 -- Contracting Authority and
Responsibilities
2901.601 General.
2901.602 Contracting officers.
2901.602-1 Authority.
2901.603 Selection, appointment, and termination of appointment.
2901.603-1 General.
2901.603-70 Modification of appointment.
2901.603-71 Ratification of unauthorized contract awards.
2901.603-72 Responsibility of other Government personnel.
2901.603-73 Contracting officer's representatives.
2901.603-74 Legal review and assistance.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8914, Mar. 5, 1985, unless otherwise noted.
48 CFR 0.0 Subpart 2901.1 -- Regulation System
48 CFR 2901.100 Scope of subpart.
This subpart sets forth introductory information pertaining to the
Department of Labor Acquisition Regulation, referred to as the DOLAR.
This subpart explains the relationship of the DOLAR to the Federal
Acquisition Regulation (FAR) and explains the DOLAR's purpose,
authority, applicability, exclusions, and issuance.
48 CFR 2901.101 Purpose.
(a) This subpart establishes chapter 29, the Department of Labor
Acquisition Regulation, within title 48, the Federal Acquisition
Regulations System, of the Code of Federal Regulations.
(b) The purpose of the DOLAR is to implement the FAR, where further
implementation is needed, and to supplement the FAR when coverage is
needed for subject matter not covered in the FAR. The DOLAR is not by
itself a complete document as it must be used in conjunction with the
FAR.
48 CFR 2901.102 Authority.
The DOLAR and amendments thereto are issued by the Procurement
Executive pursuant to a delegation from the Secretary in accordance with
the authority of DOL Temporary Regulation Number 44, dated February 18,
1983, in accordance with section 1 of the Act of March 4, 1913 (29
U.S.C. 551, 37 Stat. 736), as amended; 5 U.S.C. 301, and the Federal
Property and Administrative Services Act of 1949, as amended, and other
applicable law.
48 CFR 2901.103 Applicability.
The FAR and DOLAR apply to all DOL acquisitions of supplies and
services which obligate appropriated funds unless otherwise specified in
this regulation.
48 CFR 2901.103-70 Exclusions.
Certain DOL policies and procedures which might otherwise come within
the scope of this regulation may be excluded from the DOLAR where there
is appropriate justification, such as:
(a) Subject matter that is procedural in nature and internal to the
operation of the Department. These matters are contained in the
Department of Labor Manual Series (DLMS).
(b) Instructional or training material that more fully explains
matters covered in the FAR and DOLAR.
(c) Unless otherwise specifically stated, subject matter which deals
with assistance programs where the award instruments are other than
acquisition contracts. Administrative requirements governing all grants
and agreements by which Department of Labor agencies award funds to
State and Federal Governments, Indian and Native American entities,
public and private institutions of higher education and hospitals, and
other quasi-public and private nonprofit organizations are codified
separately at part 29-70 of title 41 of the Code of Federal Regulations.
2901.104 Issuance.
48 CFR 2901.104-1 Publication and code arrangement.
(a) The DOLAR and its subsequent changes are published when issued in
daily issues of the Federal Register and in cumulative form in the Code
of Federal Regulations.
(b) The DOLAR is issued as chapter 29 of title 48 of the Code of
Federal Regulations.
48 CFR 2901.104-2 Arrangement of regulations.
(a) General. The DOLAR 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 DOLAR
part, subpart, etc.
(b) Numbering. Where DOLAR implements the FAR, the implementing
part, subpart, section or subsection of the DOLAR will be numbered and
captioned, to the extent feasible, the same as the FAR part, subpart,
section or subsection being implemented except that the implementation
will be preceded with a 29 or a 290 such that there will always be four
numbers to the left of the first decimal. For example, the DOLAR
implementation of FAR 1.104-1 is shown as 2901.104-1 and DOLAR
implementation of FAR subpart 24.1 is shown as subpart 2924.1. Material
which supplements the FAR will be assigned the numbers 70 and up. For
example, DOL regulations governing appointment and termination of
appointment of contracting officers' representatives is identified as
2901.603-70.
(c) References and citations. (1) This regulation may be referred to
as the Department of Labor Acquisition Regulation or the DOLAR.
(2) References to FAR materials within this regulation will include
FAR and the identifying number, for example, FAR 1.104-2(c)(2).
References to DOLAR materials within the regulation will simply cite the
identifying number, for example, 2901.104-2(c)(2).
48 CFR 2901.104-3 Copies.
Copies of the DOLAR published in the Federal Register or Code of
Federal Regulations may be purchased from the Superintendent of
Documents, Government Printing Office, Washington, DC 20402. Requests
should reference the DOLAR as Chapter 29 of Title 48. The Code of
Federal Regulations is printed in paperback edition with updates as
needed, and revised as of October 1 of each year. Requests for the CFR
version of the DOLAR should reference chapter 29 of title 48.
48 CFR 2901.104-3 Subpart 2901.2 -- Administration
2901.201 Maintenance of the FAR.
48 CFR 2901.201-1 The Civilian Agency Acquisition Council.
(a) The Department of Labor shall be represented on the Civilian
Agency Acquisition Council by a staff member of the Office of
Procurement and Grant Policy, Directorate of Procurement and Grant
Management, Office of the Assistant Secretary for Administration and
Management, appointed for that purpose by the Director, Directorate of
Procurement and Grant Management.
(b) The Office of Procurement and Grant Policy will be responsible
for coordination with all interested DOL elements regarding proposed FAR
revisions and advocating revisions sought by DOL.
48 CFR 2901.201-1 Subpart 2901.3 -- Agency Acquisition Regulations
48 CFR 2901.301 Policy.
(a) The Department of Labor Acquisition Regulation (DOLAR) System
consists of policies, procedures and regulations which implement or
supplement the FAR at specific levels within the Department of Labor.
The Federal Acquisition Regulation (FAR) and the DOLAR System govern the
contracting process and control contracting relationships between
contractors and the Departments' agencies and offices.
(b) The DOLAR is issued pursuant to the authority of the Secretary of
Labor under 5 U.S.C. 301, 29 U.S.C. 551, 40 U.S.C. 486(c), and other
authority specifically stated, and is subject to the overall authority
of the Administrator of General Services. See FAR 1.301(c)(3).
48 CFR 2901.302 Limitations.
DOLAR System issuances are limited to:
(a) Published, codified, Department-wide regulations which implement
or supplement FAR policies and procedures and which affect organizations
or individuals seeking to contract with the Department;
(b) Published, codified, lower-level regulations of agencies and
offices which contain additional policies and procedures that supplement
the FAR to satisfy the specific and unique needs of the agency or
office.
48 CFR 2901.303 Codification and public participation.
(a) Published issuances under the DOLAR are codified under chapter 29
in title 48, Code of Federal Regulations and parallel the FAR in format,
arrangement and numbering system.
(b) Regulations codified under chapter 29 are limited to those
affecting private or public, profit or not for profit concerns,
organizations or individuals desiring to enter into contracts with the
Department. Public participation procedures used in the promulgation of
codified regulations under the DOLAR System will follow procedures of
FAR subpart 1.5.
48 CFR 2901.304 Agency control and compliance procedures.
(a) The DOLAR System is under the direct oversight and control of the
Director, Directorate of Procurement and Grant Management. Procedures
for review and approval of issuances under the DOLAR System comply with
FAR subparts 1.3 and 1.4. These procedures are contained in 2901.6.
(b) DOLAR System issuances shall comply with the restrictions in FAR
1.304(b) and the limitations in 2901.302. DOL Agencies and offices may
implement or supplement the FAR or DOLAR with internal instructions not
applicable DOL-wide. Additionally, they may request publication in the
DOLAR of procurement instructions and other procurement material
considered of interest to the general public. Such instructions shall
not duplicate higher-level coverage and shall be numbered in accordance
with FAR 1.104-2 except that the numbers prescribed there and in
2901.104-2 shall be suffixed by the alphabetic abbreviation or other
symbol of the respective Agency issuing the instructions. Each DOL
Agency and office shall establish, at the headquarters level, review and
approval procedures for maintaining oversight and control of all DOLAR
System issuances for their respective Agency or office. These
procedures shall include methods to prevent unnecessary duplication of
higher-level coverage; ensure consistency and uniformity among
issuances; control the number of directives issued; update directives;
and distribute copies.
(c) DOL Agencies and offices shall submit all proposed instructions
and materials that implement or supplement the DOLAR to the Director,
Directorate of Procurement and Grant Management, for review in
conjunction with the Solicitor prior to their publication. All
issuances, whether or not published as a part of the DOLAR System, shall
be submitted for review. In the case of internal procurement
instructions, the purpose of the review is to ascertain that such
instructions are consistent with the FAR and the DOLAR and that they do
not contain information which should be issued as the DOLAR.
48 CFR 2901.304 Subpart 2901.4 -- Deviations From the FAR and DOLAR
48 CFR 2901.403 Individual deviations.
(a) The Director, Directorate of Procurement and Grant Management, Is
authorized to approve deviations from FAR provisions (see FAR 1.403) or
DOLAR provisions which affect only one contracting action.
(b) Requests for deviations under paragraph (a) of this section shall
be submitted by the head of the contracting activity and include
justification as to why the deviation is required.
(c) A copy of the approved deviation shall be included in the
contract file.
48 CFR 2901.404 Class deviations.
(a) The Director, Directorate of Procurement and Grant Management, is
authorized to approve class deviations of FAR or DOLAR provisions which
affect more than one contracting action.
(b) Requests for deviations under paragraph (a) of this section,
shall be submitted by the head of the contracting activity and include
justification as to why the deviation is required and the number of
contracting actions which will be affected.
(c) A copy of each approved class deviation shall be referenced in
the contract file.
(d) Recommended revisions to the FAR and a copy of each approved
class FAR deviation shall be transmitted to the FAR Secretariat by the
Director, Directorate of Procurement and Grant Management, as required
in FAR 1.404.
48 CFR 2901.405 Deviations pertaining to treaties and executive
agreements.
(a) The Director, Directorate of Procurement and Grant Management, is
responsible for transmitting to the FAR Secretariat the information
required in FAR 1.405 (d) and (e).
48 CFR 2901.405 Subpart 2901.6 -- Contracting Authority and Responsibilities
48 CFR 2901.601 General.
This subpart deals with contracting authority and responsibilities of
the head of the agency as defined in 2901.1 and 2902.1, FAR subpart 1.6
and this subpart.
2901.602 Contracting officers.
48 CFR 2901.602-1 Authority.
Information on the limits of contracting officers' authority shall be
maintained by the head of each contracting activity as required in FAR
1.601-1. The Directorate of Procurement and Grant Management shall also
maintain this information.
2901.603 Selection, appointment, and termination of appointment.
48 CFR 2901.603-1 General.
(a) First tier delegation. The Assistant Secretary for
Administration and Management (ASAM), acting through the Procurement
Executive, is the chief departmental official for all acquisition and
grant matters as outlined in Secretary's Order 4-76, for:
(1) Prescribing policies, procedures, and standards regarding the
solicitation, award, and administration of all DOL acquisitions and
grants for financial assistance (e.g., cooperative agreements, grants,
and similar instruments) obligating Federal funds for the purpose of:
(i) Obtaining property and services for the DOL and/or third parties.
(ii) Promoting DOL programs and objectives through financial
assistance.
(2) Acquiring property and services for the United States Government
under Title I of the Federal Property and Administrative Services Act of
1949 (63 Stat. 379).
(3) Establishing reporting requirements necessary for effective
departmental acquisitions and grant management and for complying with
data needs promulgated by the Office of Management and Budget (OMB), the
General Services Administration (GSA), the General Accounting Office
(GAO), and other agencies. This includes the SF-1099 report, ''Income
Other Than Wages,'' and ''Federal Procurement Data System'' (FPDS) and
''Federal Assistance Award Data System'' (FAADS) input.
(b) In the Department of Labor, contracting officer and grant officer
authority and responsibility have been delegated from the Secretary of
Labor through the Assistant Secretary for Administration and Management
(ASAM) to the following officials or officers acting in their behalf:
(1) The Assistant Secretary for Employment and Training.
(2) The Assistant Secretary for Occupational Safety and Health.
(3) The Deputy Under Secretary for Employment Standards.
(4) The Assistant Secretary for Mine Safety and Health.
(5) The Deputy Under Secretary for International Affairs.
(6) The Commissioner of Labor Statistics.
(7) The Inspector General.
(8) The Regional Administrators -- OASAM.
(9) The Director, National Capital Service Center, OASAM.
(c) Delegations and limitations. Subject to the limitations set
forth in this paragraph and paragraph (g), the officials designated in
paragraph (b) possess full authority to obligate the U.S. Government
through the use of contracts, agreements, orders, grants, and/or other
similar instruments. This authority includes obligating Federal funds
for the purpose of obtaining property and services for the government
and/or third parties, or for the purpose of promoting DOL programs or
objectives through financial assistance. Each official designated in
paragraph (b) (except the Inspector General), is delegated authority and
responsibility for issuing purchase orders for purchases under GSA
Federal Supply Schedules, FEDSTRIP, and from open-market sources not to
exceed the small purchases limitation. Acquisition of typewriters,
office copiers, adding machines, and calculators must be written against
blanket purchase orders maintained for such equipment by the National
Capital Service Center, OASAM. Acquisitions of copier equipment require
prior approval of the Directorate of Administrative Services and Safety
and Health Programs. Paragraph (g)(2) outlines limitations on the
purchase, lease and renewal of lease(s) of ADP equipment, software and
services. Approval authority for competitive acquisition of consulting
and related services costing less than $50,000 cannot be redelegated by
the head of the contracting activity. Other delegations in this section
may be further redelegated by the designated officials within their
areas of assigned responsibility, except that small purchase authority
delegated to the Assistant Secretary for Employment and Training, the
Assistant Secretary for Occupational Safety and Health, the Deputy Under
Secretary for Employment Standards, and the Commissioner of Labor
Statistics is limited to the National Office only and may not be
redelegated to the Regional Offices. Before issuing redelegations,
contracting officers should consider the following factors to determine
the extent to which authority shall be redelegated:
Volume of contracting programs; presence of, or capability of
obtaining adequately trained personnel; consolidation of smaller
contracting programs and offices on a geographical basis; and the
overall strengthening of the acquisition process by the selection of
qualified personnel. Criteria for selection, appointment and
termination of Contracting/Grant Officers are contained in the
Department of Labor Manual Series (DLMS-2) Chapter 800. Copies of the
DLMS Chapter may be obtained upon written request from the Office of
Procurement and Grant Policy, Directorate of Procurement and Grant
Management, Office of the Assistant Secretary for Administration and
Management, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210. An information copy of every further redelegation
must be furnished to the OASAM, Directorate of Procurement and Grant
Management.
(d) Responsibilities. The following redelegations are made subject
to the requirements and exceptions outlined in paragraph (g) regarding
prior approval requirements and the limitations on authority to issue
purchase orders and contracts for the purchase, lease and renewal of
lease(s) for ADP equipment, software and services; and acquisition of
consulting and related services.
(1) The Assistant Secretary for Employment and Training, or an
officer acting in that capacity, is delegated authority and
responsibility for:
(i) Obtaining all program property and services required to fulfill
the statutory and regulatory responsibilities imposed on the Assistant
Secretary for Employment and Training.
(ii) Approval of all grantee acquisitions of ADP equipment, software
and services using grants-in-aid to State and local governments.
(iii) Establishing and maintaining an imprest fund.
(2) The Assistant Secretary for Occupational Safety and Health, or an
officer acting in that capacity, is delegated authority and
responsibility for:
(i) Issuance of grant agreements with States as required under the
statutory and regulatory requirements imposed on the Assistant Secretary
for Occupational Safety and Health.
(ii) Reimbursements to States, pursuant to section 7(c)(1) of the
Occupational Safety and Health Act of 1970 (OSH Act of 1970) (29 U.S.C.
656(c)(1)) for State services, facilities, and personnel used to carry
out the statutory and regulatory responsibilities imposed on the
Assistant Secretary for Occupational Safety and Health.
(iii) Issuance of grants, pursuant to section 21(b) of the OSH Act of
1970 (29 U.S.C. 670(b)) for short term training of personnel.
(iv) Issuance of grants to nonprofit organizations for implementation
of the expanded Employer-Employee Training Program under section 21(c)
of the OSH Act of 1970 (29 U.S.C. 670(c)).
(3) The Deputy Under Secretary for Employment Standards, or an
officer acting in that capacity, is delegated authority and
responsibility for:
(i) Entering into agreements with States to enhance Federal/State
cooperative efforts for the administration of comparable employment
standards programs.
(ii) Procuring medical services necessary for the adjudication of
claims for injury and occupational disease filed by Federal employees in
accordance with the Federal Employees Compensation Act (5 U.S.C. 8101,
et seq.) and the Federal Coal Mine Health and Safety Act of 1969, as
amended (Pub. L. 91-173, 83 Stat. 742).
(4) The Assistant Secretary for Mine Safety and Health, or an officer
acting in that capacity, is delegated authority and responsibility for:
(i) Acquisition of all program property and services required to
fulfill the statutory and regulatory responsibilities imposed on the
Assistant Secretary for Mine Safety and Health.
(ii) Issuing grants as required by the Mine Safety and Health Act of
1977 (30 U.S.C. 801 et seq.).
(iii) The purchase, lease, or renewal of lease(s) of ADP equipment,
software and services costing $100,000 or less without prior approval of
the Directorate of Information Resources Management (DIRM), OASAM.
Requirements shall not be fragmented in order to circumvent this
$100,000 threshold. ADP equipment, software or services costing more
than $100,000 require prior approval of DIRM. Prior approval of DIRM
for ADP equipment, software, or services costing less than $100,000 is
also required when costs involved exceed GSA blanket delegation
thresholds granted under FIRMR 201-23.104.
(5) The Deputy Under Secretary for International Affairs, or an
officer acting in that capacity, is delegated authority and
responsibility for:
(i) Acquisition of supplies and services required in support of
training and orientation of foreign nationals.
(ii) Acquisition of supplies and services required in support of
overseas exhibitions required under statutory and regulatory
responsibilities imposed on the Deputy Under Secretary for International
Affairs.
(iii) International responsibilities not funded by an annual
appropriation.
(6) The Commissioner of Labor Statistics, or an officer acting in
that capacity, is delegated authority and responsibility for:
(i) Acquisition of supporting statistical economic research services,
required under the statutory and regulatory responsibilities imposed on
the Commissioner of Labor Statistics.
(ii) Selling special statistics developed by the Bureau of Labor
Statistics in accordance with the Act of April 13, 1934 (29 U.S.C. 9 et
seq.).
(7) The Inspector General, or an officer acting in that capacity, is
delegated authority and responsibility for contracting with State and
local agencies for audit services in accordance with section 4 of the
Federal Grant and Cooperative Agreement Act of 1977 (41 U.S.C. 503).
(8) The Regional Administrators -- OASAM, or officers acting in that
capacity, are delegated authority and responsibility within their
respective regions, for:
(i) The acquisition of property and services required for the
Regional Offices, including all imprest fund purchases, GSA Federal
Supply Schedule purchases, and open-market purchases. The acquisition
of records equipment when the cost does not exceed the small purchases
limitation for a single system. Purchases for typewriters, office
copiers, adding machines, and calculators must be written against
blanket purchase orders maintained for such equipment by the National
Capital Service Center, OASAM. The purchase of copier equipment
requires prior approval of the Directorate of Administrative Services
and Safety and Health Programs.
(ii) Contracting for ADP operational services to support regional
remote job entry capabilities. This authority does not include the
purchase, lease, or renewal of lease(s) for ADP equipment or software.
Prior approval of ADP operational services is required from DIT whenever
a Delegation of Procurement Authority (DPA) or sharing clearance is
required from the General Services Administration (GSA).
(9) The Director, National Capital Service Center, OASAM, or an
officer acting in that capacity, is delegated authority and
responsibility for acquisition of all property and services on behalf of
DOL activities except for those contracting and grant responsibilities
designated above. This includes (except for the Mine Safety and Health
Administration (MSHA)) acquisition authority for the purchase, lease,
and renewal of lease(s) of all ADP equipment, software and all ADP
services where Agencies have obtained prior approval from the
Directorate of Information Resources Management (DIRM), OASAM, as
appropriate.
(e) Compliance responsibilities. Each official designated in
paragraph (b) is responsible for:
(1) Complying with the policies, procedures and reporting
requirements established by the ASAM.
(2) Complying with the policies, procedures and other requirements
prescribed by OMB, GSA, and other central agencies, and such
implementing instructions as the Department may issue. This
specifically includes competition for services and products within the
small purchases limitation and restrictions on the use of consultant
contracts, audiovisual productions, etc.
(3) Within the limitations specified in this subpart, obtaining all
property and services required to fulfill the statutory and regulatory
responsibilities of the Agency or Office.
(f) Policy responsibilities. The following officials have
acquisition policy responsibilities within the DOL:
(1) The Director, Directorate of Procurement and Grant Management,
OASAM, or an officer acting in that capacity, is responsible for:
(i) Developing and publishing guidelines, policies, and regulations
for DOL acquisition and grant operations.
(ii) Reviewing and evaluating administrative procedures for DOL
acquisition and grant operations.
(iii) Providing technical advice and assistance to those DOL
officials and officers with acquisition and grant responsibilities.
This includes interpreting the Federal Acquisition Regulations and the
Department of Labor Acquisition Regulations and obtaining legal advice
and assistance from the Solicitor of Labor as required.
(iv) Providing continuous coordination with appropriate DOL and
Federal Agencies to ensure compliance with procurement and grant
regulations.
(v) Providing technical advice and support to the ASAM in complying
with the reporting requirements outlined in paragraph (a)(3).
(2) The Director, Directorate of Information Resources Management
(DIRM), OASAM, or an officer acting in that capacity, is responsible
for:
(i) Reviewing and providing prior approval for the purchase, lease or
renewal of lease(s) of ADP equipment, software and services costing
$100,000 or more (the purchase price is to be used to determine
inclusion in this paragraph regardless of whether the item is to be
purchased or leased) and for all ADP services. Requirements shall not
be fragmented in order to circumvent this $100,000 threshold. Reviews
involving lower amounts will be made when costs involved exceed GSA
blanket delegation thresholds granted under FIRMR 201-23.104.
(ii) Providing oversight, including periodic system reviews, to
promote efficient and effective management of information technology
resources.
(iii) Reviewing ADP procurement requests for compliance with
procurement policies, standards, and regulations.
(iv) Representing DOL and agencies in DOL in liaison with GSA and OMB
on ADP matters.
(v) Developing and publishing policies and guidelines for managing
information technology resources.
(3) The Director, Office of Small and Disadvantaged Business
Utilization (OSDBU), is responsible for:
(i) Assuring participation of the Department in the Federal Small and
Disadvantaged Business Program as specified in section 8(a) (small
disadvantaged business set-asides) and section 15 (procurement in labor
surplus areas) of the Small Business Act, as amended (15 U.S.C. 637(a)
and 644), and Executive Orders 11625 (Minority Business Enterprises) and
12138 (Women-Owned Business Enterprises).
(ii) Assuring participation and input of each Program Agency in
establishing DOL goals for increased opportunities for small and
disadvantaged business concerns to participate in the Department's
procurement and grant activities.
(iii) Providing technical advice and assistance to Program Agencies
in establishing Agency goals for utilizing small and disadvantaged
businesses.
(iv) Developing systematic procedures, guidelines and regulations for
assuring the effective implementation of the provisions of the Small
Business Act, as amended, and Executive Orders 11625 and 12138.
(v) Maintaining liaison with the Small Business Administration (SBA)
on matters regarding sections 8 and 15 of the Small Business Act, as
amended (15 U.S.C. 637(a) and 644), and Executive Order 12138, and the
Department of Commerce on matters relating to Executive Order 11625.
(4) The Director, Office of Information and Public Affairs (OIPA), is
responsible for:
(i) Reviewing all purchase orders, requisitions and contracts for
audiovisual productions including those which contain an audiovisual
component along with other activities before the request is processed
and approved by OASAM or another Agency to assure compliance with DOL
and OMB requirements. All types of audiovisual productions are covered,
including projects for training, education, internal communications,
and/or public information purchases. Training and education products
will not be reviewed for content but rather for the professional
quality, effectiveness and cost of the communications material being
produced. (See Guidelines for Management of Departmental Audiovisual
Activities, issued pursuant to OMB Circular A-114 and Secretary's Order
5-79.)
(ii) Reviewing all purchase orders, requisitions, and contracts for
the rental or purchase of major audiovisual equipment to be used in
production work before the request is processed and approved by OASAM or
another DOL Agency to assure compliance with DOL and OMB requirements.
Production equipment includes motion picture and videotape cameras,
editing equipment and duplication equipment for videotape and film.
Review is not necessary for such equipment as still cameras, projectors
and tape players, cassette tape players, etc.
(5) The Procurement Review Board is responsible for:
(i) Reviewing all requests to award contracts, grants, agreements, or
modifications thereto (as described in this paragraph (f)(5)) and
recommending approval or disapproval to the ASAM:
(A) Requests for noncompetitive procurements, discretionary grants
and agreements exceeding the small purchases limitation;
(B) Noncompetitive consulting and related services requests,
including purchase orders, and personnel appointments of consultants and
experts;
(C) Competitive procurements for consulting and related services
costing $50,000 or more and modifications thereto as described in
paragraph (g) of this section;
(D) Major procurements and those with high waste vulnerability; and
(E) Requests for noncompetitive research, evaluation and
demonstration projects after prior review by the Assistant Secretary for
Policy.
(ii) Assuring compliance with the scope of the Board's authority,
with OMB and DOL guidelines for use of consulting and related services
and other special acquisitions.
(iii) Approval by the ASAM of requests identified in this paragraph
(f)(5) do not constitute award of a contract. The contracting officer
has final approval authority.
(g) Exceptions to delegations of authority. The assignment of
procurement responsibilities described in paragraph (b) are subject to
the exclusions listed below:
(1) Procurement of consulting and related services. (i) The ASAM
retains authority and responsibility for approval of requests for
consulting and related services for individuals and organizations under
the following circumstances:
(A) When acquisitions by either contract or purchase order are to be
awarded without competition, regardless of amount, or for those
competitive actions costing $50,000 or more; and
(B) When modifications involving changes in dollar amounts,
deliverables under contracts or (under rare circumstances) extensions to
existing consulting and related services contracts are required.
(ii) The heads of the contracting activities retain approval
authority for the acquisition of consulting and related services costing
less than $50,000 which are obtained through competitive procedures.
(2) Automated data processing (ADP). The following requirements and
limitations exist for the purchase or lease of ADP equipment, software
and services:
(i) Authority to issue purchase orders and contracts is limited only
to those officials in paragraph (b) with procurement responsibility
explicitly including this authority.
(ii) Acquisition of ADP equipment, software and services costing
$100,000 or more requires prior approval of DIRM, OASAM.
(iii) Acquisition of ADP equipment, software and services costing
less than $100,000 do not require prior approval of DIRM, OASAM, unless
costs involved exceed GSA blanket delegation thresholds granted under
FIRMR 201-23.104. However, agencies are responsible for complying with
FIRMR documentation requirements.
(3) Records equipment. The purchase of records equipment; defined
as file cabinets, shelf files, visible files, mechanized files, files
guides, folders, jackets, wallets, and similar items used in the
creation and maintenance of records and in mail handling requires
special authority. Federal Property Management Regulation 101-11.306 as
implemented by the Department of Labor Manual Series (DLMS-1) requires
that: Form DL 1-194 be completed by the Agency Records Officer and
forwarded to the Departmental Records Officer, DIRM, OASAM, for approval
prior to acquisition. Regional Administrators -- OASAM are delegated
this approval authority for their respective regions. In keeping with
GSA Bulletins FPMR B-120 and B-122 which discourage the use of
legal-size files, no new legal size records equpment is to be purchased.
(4) The OSDBU will periodically monitor DOL Agency acquisition and
grant functions which relate to the preferential programs to determine
their effectiveness and adherence to Federal and DOL requirements.
(5) The Assistant Inspector General for Audit will periodically audit
Agency acquisition and grant functions to determine compliance with
governing regulations, policies and procedures.
(h) Rescission of authority. The ASAM acting through the Director,
Directorate of Procurement and Grant Management, reserves the right to
rescind the acquisition and grant authority delegated herein if it is
determined that such action is in the best interest of the Government.
(50 FR 8914, Mar. 5, 1985, as amended at 51 FR 40372, Nov. 6, 1986;
53 FR 3839, Feb. 9, 1988)
48 CFR 2901.603-70 Modification of appointment.
To modify a contracting officer's authority, the present appointment
shall be revoked and a new certificate issued.
48 CFR 2901.603-71 Ratification of unauthorized contract awards.
(a) The Government is not generally bound by agreements or
contractual commitments made to contractors or prospective contractors
by persons to whom acquisition authority has not been delegated. Such
unauthorized acts may be in violation of the Federal Property and
Administrative Services Act of 1949, other Federal laws, the FAR, the
DOLAR, and good acquisition practice; e.g., certain requirements of law
and regulation necessary for the proper establishment of a contractual
obligation may not be met, such as certification of the availability of
funds, determinations and findings, competition of sources,
determination of contractor responsibility, price/cost analysis,
administrative approvals, negotiations of appropriate contract clauses,
etc.
(b) Unauthorized commitments shall not be ratified unless it would
have been otherwise proper to enter into a contract prior to the
commitment. As used herein, the phrase ''otherwise proper'' means that
a ratification of an unauthorized commitment can be made only if there
occurred no violation of any substantive legal requirements; e.g.,
there can be no ratification unless a sole source can be justified; a
determination made that the contractor is not debarred or otherwise
ineligible for award; the Organizational Conflict of Interest reviews
and determinations, if required, are completed; and where all other
substantive legal requirements have been met. Whenever it is discovered
that any person is performing work as a result of an unauthorized
commitment, that person shall be advised that such work is being
performed at their own risk pending establishment of valid contractual
coverage. The Head of the Contracting Activity (HCA) shall then be
notified of the circumstances. If the HCA agrees that the work appears
to be without valid authorization, the Director, Directorate of
Procurement and Grant Management, shall be notified by the HCA in
accordance with the procedures outlined in paragraph (c) of this
section.
(c) Requests received by contracting officers for ratification of
commitments made by personnel lacking contracting authority shall be
processed as follows:
(1) The individual who made the unauthorized contractual commitment
shall furnish the contracting officer all records and documents
concerning the commitment and a complete, written statement of facts,
including, but not limited to, a statement as to why the acquisition
office was not used, why the proposed contractor was selected and a list
of other sources considered, description of work to be performed or
products to be furnished, estimated or agreed contract price, citation
of appropriation available, and a statement as to whether the contractor
has commenced performance. Under exceptional circumstances, such as
when the person who made the unauthorized commitment is no longer
available to attest to the circumstances of the unauthorized commitment,
the Director, Directorate of Procurement and Grant Management, may waive
the requirement that the responsible employee initiate and document the
request; Provided the Head of the Contracting Activity determines in
writing that the commitment was in fact made by an employee who shall be
identified in the determination.
(2) The request for ratification, an approved justification for
noncompetitive acquisition, and the information required by paragraph
(c)(1) of this section, must be forwarded to the HCA for concurrence,
together with recommended corrective actions to preclude recurrence.
(3) If the HCA concurs with the request for ratification, the request
and concurrence shall be forwarded to the Director, Directorate of
Procurement and Grant Management, for review by the Procurement Review
Board (PRB). The PRB will review the request, the Justification for
Non-Competitive Acquisition, any comments or information submitted by
the contracting officer which should be considered in evaluation of the
request, and the information submitted in accordance with paragraph
(c)(2) of this section. Based upon this review and advice from the
Office of the Solicitor, the PRB will proceed as follows:
(i) If the request submitted does not appear to be justified, it will
be returned to the concurring HCA without approval with an explanation
of the decision not to ratify.
(ii) If the request and the recommended corrective actions appear
justified and adequate, the PRB may ratify the action, with the
concurrence of the Assistant Secretary for Administration and
Management, return the file to the contracting officer for action, and
monitor the implementation of the corrective action plan. The
contracting officer shall direct the disposition of all products and
deliverables received by the Government as a result of an unauthorized
commitment.
(iii) A detailed record of the review shall be maintained for audit
purposes.
48 CFR 2901.603-72 Responsibility of other Government personnel.
(a) Responsibility for the decision of what to buy and when to buy
rests with program and certain staff offices and the head of the agency
or designee. Responsibility for determining how to buy, the conduct of
the buying process, and execution of the contract rests with the
contracting officer.
(b) Personnel responsible for making decisions to buy should maintain
a close and continuous relationship with their acquisition activity to
ensure that acquisition personnel are made aware of contemplated
acquisition actions. This will be mutually beneficial in terms of
better planning for acquisition action and more timely, efficient and
economical acquisition.
(c) Personnel not delegated contracting authority may not commit the
Government, formally or informally, to any type of contractual
obligation. However, program personnel who must use the contracting
process to accomplish their programs, must support the contracting
officer in ensuring that:
(1) Requirements are clearly defined and specified;
(2) Competitive sources are solicited, evaluated, and selected;
(3) Quality standards are prescribed, and met;
(4) Performance or delivery is timely;
(5) Files are documented to substantiate the judgments, decisions,
and actions taken.
48 CFR 2901.603-73 Contracting officer's representatives.
(a) A contracting officer may designate other Government personnel to
act as authorized representatives for such functions as technical
monitoring, inspection, approval of shop drawings, testing, approval of
samples, and other functions of a technical nature not involving a
change in the scope, price, terms or conditions of the contract or
order. Such designation shall be in writing and shall contain specific
instructions as to the extent to which the representative may take
action for the contracting officer, but will not contain authority to
sign contract documents. The responsibilities and limitations of the
contracting officer's representatives may be set forth in the contract
or in a separate letter, a copy of which shall be furnished to the
contractor.
(b) A person assigned to a contracting office and performing primary
duties in a position within a contracting office, and under the
supervision of a contracting officer, does not require written
designation as a representative of the contracting officer nor
designation in a contractual document to perform assigned duties. Such
a person is considered to be an employee of the contracting officer,
acting in the latter's behalf and, as such, has the authority and
responsibility to perform, under the terms and conditions of employment,
and to act as assigned by the contracting officer. The contracting
officer, however, shall not authorize such as employee, acting as a
representative for the contracting officer, to sign any contractual
documents or letter in those instances where the signature of a
contracting officer is required.
48 CFR 2901.603-74 Legal review and assistance.
Proposed acquisitions may be subject to legal review by the Office of
the Solicitor of Labor. Internal DOL procedures are contained in the
Department of Labor Manual Series (DLMS-2, Chapter 900, Section 910).
Copies of the DLMS Chapter may be obtained upon written request from the
Office of Procurement and Grant Policy, Directorate of Procurement and
Grant Management, Office of the Assistant Secretary for Administration
and Management, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210.
(51 FR 40373, Nov. 6, 1986 and 53 FR 3839, Feb. 9, 1988)
48 CFR 2901.603-74 PART 2902 -- DEFINITIONS OF WORDS AND TERMS
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
48 CFR 2901.603-74 Subpart 2902.1 -- Definitions
48 CFR 2902.101 Definitions.
As used throughout this regulation, the following words and terms are
used as defined in this subpart unless (a) the context in which they are
used clearly requires a different meaning, or (b) a different definition
is prescribed for a particular part or portion of a part:
Contracting activity means an agency or office within the Department
with delegated procurement authority to manage contracting functions
associated with its mission. Within the Office of the Assistant
Secretary for Administration and Management, the National Capital
Service Center is the contracting activity.
Head of procuring activity means the Assistant Secretary for
Administration and Management; the Assistant Secretary for Employment
and Training; the Assistant Secretary for Mine Safety and Health, and
the Director, National Capital Service Center.
Head of the agency (also called agency head) means the Assistant
Secretary for Administration and Management.
Head of the contracting activity (HCA) means the Assistant Secretary
for Administration and Management; the Director, National Capital
Service Center, and the head of each DOL Agency and Office listed in
2901.603-1(b) who has overall responsibility for managing the
contracting activity.
Procurement Executive means the Director, Directorate of Procurement
and Grant Management, and is synonymous with the term Senior Procurement
Executive defined at FAR subpart 2.1. Responsibilities of the
Procurement Executive include appointing the DOL advocate for
competition.
Procuring activity means the Office of the Assistant Secretary for
Administration and Management; the Employment and Training
Administration; the Mine Safety and Health Administration; and the
National Capital Service Center.
(50 FR 8921, Mar. 5, 1985, as amended at 51 FR 40373, Nov. 6, 1986;
53 FR 3839, Feb. 9, 1988)
48 CFR 2902.101 PART 2903 -- IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST
48 CFR 2902.101 Subpart 2903.1 -- Safeguards
Sec.
2903.101 Standards of conduct.
2903.101-3 Agency regulations.
48 CFR 2902.101 Subpart 2903.2 -- Contractor Gratuities to Government
Personnel
2903.203 Reporting suspected violations of the gratuities clause.
2903.204 Treatment of violations.
48 CFR 2902.101 Subpart 2903.3 -- Reports of Identical Bids and
Suspected Antitrust Violations
2903.302 Reporting identical bids.
2903.302-2 Reporting requirements.
48 CFR 2902.101 Subpart 2903.4 -- Contingent Fees
2903.409 Misrepresentation or violation of the Covenant against
Contingent Fees.
48 CFR 2902.101 Subpart 2903.5 -- Other Improper Business Practices
2903.502 Subcontractor kickbacks.
48 CFR 2902.101 Subpart 2903.6 -- Contracts With Government Employees or
Organizations Owned or Controlled by Them
2903.602 Exceptions.
2903.603 Responsibilities of the contracting officer.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8921, Mar. 5, 1985, unless otherwise noted.
48 CFR 2902.101 Subpart 2903.1 -- Safeguards
2903.101 Standards of conduct.
48 CFR 2903.101-3 Agency regulations.
All DOL personnel engaged in acquisition related activities shall
conduct such activities in a manner above reproach in every respect.
See part 0 of title 29, CFR. Transactions relating to expenditure of
public funds require the highest degree of public trust to protect the
interests of the Government. See 2903.6 for requirements concerning
contracting with current or former DOL employees.
48 CFR 2903.101-3 Subpart 2903.2 -- Contractor Gratuities to Government Personnel
48 CFR 2903.203 Reporting suspected violations of the gratuities clause.
(a) Action official. The Director, Directorate of Procurement and
Grant Management, is the DOL official authorized to take action pursuant
to FAR 3.204(c) against a contractor if it is determined that a
violation of the clause at FAR 52.203-3, Gratuities, has occurred. This
authority may not be redelegated.
(b) Referral. Whenever a suspected violation of the clause at FAR
52.203-3, Gratuities, becomes known to a DOL employee, the matter shall
be reported to the cognizant contracting officer. The report shall be
in writing and shall clearly state the circumstances surrounding the
incident or incidences where it is alleged that the contractor offered
or gave a gratuity to a DOL employee and intended by the gratuity to
obtain a contract or favorable treatment under a contract. The date(s),
location(s), and name(s) of all parties involved in the incident shall
be included in the report. The report shall also include a recommended
course of action in accordance with FAR 3.204(c) and shall be submitted
through the head of the contracting activity to the Director,
Directorate of Procurement and Grant Management for disposition.
48 CFR 2903.204 Treatment of violations.
(a) Notice of contractor. After review of the report and
consultation with the Office of the Solicitor and Office of the
Inspector General, as appropriate, the Director, Directorate of
Procurement and Grant Management shall determine further action to be
taken. If requested, the contractor shall be provided with a formal
notice which summarizes the events involving the suspected violations
and affords the contractor the opportunity to take the action(s) listed
under FAR 3.204(b). The notice shall contain a reasonable time limit for
reply and shall be sent by certified mail, return receipt requested.
(b) Action. Based on the contractor's response to the notice; the
results of any further discussions with the contractor, the counsel, or
witnesses; the review of additional documentary evidence; and other
pertinent information, the Director, Directorate of Procurement and
Grant Management, shall make a final and binding decision on the action
to be taken in accordance with FAR 3.204(c) and shall provide the
contractor with a formal notice of such action.
(50 FR 8921, Mar. 5, 1985, as amended at 51 FR 40373, Nov. 6, 1986;
53 FR 3839, Feb. 9, 1988)
48 CFR 2903.204 Subpart 2903.3 -- Reports of Identical Bids and
Suspected Antitrust Violations
2903.302 Reporting identical bids.
48 CFR 2903.302-2 Reporting requirements.
Potential anti-competitive practices, such as described in FAR 3.301,
and antitrust law violations as described in FAR 3.303, evidenced in
bids or proposals shall be reported to the Office of the Solicitor
through the Head of the Contracting Activity with a copy to the
Director, Directorate of Procurement and Grant Management. The Office
of the Solicitor will provide reports to the Attorney General as
appropriate.
48 CFR 2903.302-2 Subpart 2903.4 -- Contingent Fees
48 CFR 2903.409 Misrepresentation or violation of the Convenant against
Contingent Fees.
(a) Suspected misrepresentation or violations of the Convenant
Against Contingent Fees shall be documented and reported promptly to the
contracting officer for review and action under FAR 3.409.
(b) Suspected fraudulent or criminal violations shall be documented
in a report and submitted by the contracting officer to the Office of
the Solicitor prior to initiation of any actions outlined in FAR
3.409(b). A copy of the report shall be submitted to the Director,
Directorate of Procurement and Grant Management.
48 CFR 2903.409 Subpart 2903.5 -- Other Improper Business Practices
48 CFR 2903.502 Subcontractor kickbacks.
(a) Reports on suspected violations of the Antikickback Act as
required by FAR 3.502(b) shall be prepared by the
contracting officer and submitted by the head of the contracting
activity to the Office of the Solicitor for further action. A copy of
the report shall be submitted to the Director, Directorate of
Procurement and Grant Management.
(b) The head of the contracting activity may initiate debarment or
suspension action in accordance with FAR 9.406-2 or 9.407-2 and 2909.4
of this chapter.
48 CFR 2903.502 Subpart 2903.6 -- Contracts With Government Employees or Organizations Owned or Controlled by Them
48 CFR 2903.602 Exceptions.
(a) The Assistant Secretary for Administration and Management is
authorized to except a contract from the policy in FAR 3.601.
(b) Negotiated contracts or grants or amendments to existing
contracts or grants which constitute new acquisition (including those
for the rental of real or personal property) may be entered into with
former employees of DOL or with firms in which former employees are
known to have a substantial interest, within a period of 1 year
subsequent to the termination of the individual's employment by DOL,
only with the prior written approval of the Assistant Secretary for
Administration and Management.
48 CFR 2903.603 Responsibilities of the contracting officer.
Approval of a decision to grant an exception as provided in 2903.602
shall be documented by a written determination and findings prepared by
the contracting officer for signature by the Assistant Secretary for
Administration and Management. The determination and findings shall
document compliance with FAR 3.603 and 2909.5; specify the compelling
reason(s) for award; and be placed in the contract file.
48 CFR 2903.603 PART 2904 -- ADMINISTRATIVE MATTERS
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8922, Mar. 5, 1985, unless otherwise noted.
48 CFR 2903.603 Subpart 2904.6 -- Contract Reporting
48 CFR 2904.601 Federal Procurement Data System.
(a) DOL's data collection point is the Office of Procurement and
Grant Policy, Directorate of Procurement and Grant Management, U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210.
(b) The SF 279, Individual Contract Action Report (over $10,000), and
SF 281, Summary of Contract Actions of $10,000 or less, are due monthly
on the tenth day of the month.
48 CFR 2904.601 SUBCHAPTER B -- ACQUISITION PLANNING
48 CFR 2904.601 PART 2905 -- PUBLICIZING CONTRACT ACTIONS
48 CFR 2904.601 Subpart 2905.2 -- Synopsis of Proposed Contract Actions
Sec.
2905.202 Exceptions.
48 CFR 2904.601 Subpart 2905.4 -- Release of Information
2905.403 Requests from Members of Congress.
2905.404 Release of long-range acquisition estimates.
2905.404-1 Release procedures.
48 CFR 2904.601 Subpart 2905.5 -- Paid Advertisements
2905.502 Authority.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8922, Mar. 5, 1985, unless otherwise noted.
48 CFR 2904.601 Subpart 2905.2 -- Synopsis of Proposed Contract Actions
48 CFR 2905.202 Exceptions.
The Procurement Executive is authorized to make the determination
prescribed in FAR 5.202(b). A written determination documenting the
reasons why advance notice is not appropriate or reasonable shall be
submitted by the HCA to the Director, Directorate of Procurement and
Grant Management, for appropriate action including communication with
the officials listed in FAR 5.202(b).
(51 FR 40374, Nov. 6, 1986 and 53 FR 3839, Feb. 9, 1988)
48 CFR 2905.202 Subpart 2905.4 -- Release of Information
48 CFR 2905.403 Requests from Members of Congress.
In addition to having access to the information available to the
general public, Members of Congress shall, upon their request, be given
full and detailed information regarding any particular DOL procurement.
The information provided shall be fully responsive to the member's
request unless such a response would disclose classified matter,
information not to be released pursuant to law, business confidential
information or information which would be prejudicial to the competitive
process. The contracting officer shall promptly consult with the Office
of the Solicitor and the Office of Legislative and Intergovernmental
Affairs to determine whether circumstances exist which will allow the
release of additional information. In such instances, the Congressional
requestor shall be furnished an interim reply providing the information
which is readily releasable. The interim reply shall describe the
problem which precludes release of any requested materials and describe
generally what steps, if any, are being taken to make such information
available.
2905.404 Release of long-range acquisition estimates.
48 CFR 2905.404-1 Release procedures.
(a) Heads of contracting activities are authorized to release
long-range acquistion estimates under the conditions in FAR 5.404-1.
(b) Offices contemplating the release of long-range acquisition
planning estimates shall coordinate with the Office of Information and
Public Affairs in advance of the release of such planning estimates.
48 CFR 2905.404-1 Subpart 2905.5 -- Paid Advertisements
48 CFR 2905.502 Authority.
When it is deemed necessary to use paid advertisements in newspapers
and trade journals, written authority for such publication shall be
obtained from the Head of the Contracting Activity or designee.
48 CFR 2905.502 PART 2906 -- COMPETITION REQUIREMENTS
48 CFR 2905.502 Subpart 2906.2 -- Full and Open Competition After
Exclusion of Sources
Sec.
2906.202 Establishing or maintaining alternative sources.
48 CFR 2905.502 Subpart 2906.3 -- Other Than Full and Open Competition
2906.303 Justifications.
2906.303-1 Requirements.
48 CFR 2905.502 Subpart 2906.5 -- Competition Advocates
2906.501 Requirement.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 51 FR 40374, Nov. 6, 1986, and 53 FR 3839, Feb. 9, 1988,
unless otherwise noted.
48 CFR 2905.502 Subpart 2906.2 -- Full and Open Competition After Exclusion of Sources
48 CFR 2906.202 Establishing or maintaining alternative sources.
The Procurement Executive is authorized to make the determination
prescribed in FAR 6.202(b). A written determination shall be submitted
by the HCA to the Director, Directorate of Procurement and Grant
Management.
48 CFR 2906.202 Subpart 2906.3 -- Other Than Full and Open Competition
2906.303 Justifications.
48 CFR 2906.303-1 Requirements.
(a) As prescribed in the Department of Labor Manual Series (DLMS) 2,
Chapter 830, any proposed noncompetitive aquisitions in excess of the
small purchases limitation must be fully justified, submitted to the DOL
Procurement Review Board and approved by the Assistant Secretary for
Administration and Management and, in the case of research contracts, by
the Assistant Secretary for Policy.
(b) The contracting officer is responsible for assuring that proposed
acquisitions below the dollar level specified in paragraph (a) of this
section are in compliance with FAR and DOLAR requirements regarding
competition.
48 CFR 2906.303-1 Subpart 2906.5 -- Competition Advocates
48 CFR 2906.501 Requirement.
(a) The Competition Advocate for the Department of Labor is the
Director, Office of Procurement and Grant Policy, Directorate of
Procurement and Grant Management, OASAM.
(b) The head of the agency has delegated the authority to the
Procurement Executive to appoint the Agency and Procuring Activity
Competition Advocates. The Procurement Executive has delegated
authority to the Head of the Procuring Activity to appoint Procuring
Activity Competition Advocates.
48 CFR 2906.501 PART 2907 -- ACQUISITION PLANNING
48 CFR 2906.501 Subpart 2907.1 -- Acquisition Plans
Sec.
2907.102 Policy.
48 CFR 2906.501 Subpart 2907.3 -- Contractor Versus Government
Performance
2907.307 Appeals.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
48 CFR 2906.501 Subpart 2907.1 -- Acquisition Plans
48 CFR 2907.102 Policy.
DOL Agencies and Offices shall develop acquisition plans for major
system acquisitions and major projects in accordance with FAR subpart
7.1 when the potential benefit justifies their development. The
Directorate of Procurement and Grant Management and the Procurement
Review Board will review each DOL Agency/Office Annual Advance
Procurement Plan to ensure compliance with this subpart.
(50 FR 8922, Mar. 5, 1985)
48 CFR 2907.102 Subpart 2907.3 -- Contractor Versus Government Performance
48 CFR 2907.307 Appeals.
An appeal of a decision to convert to contract or to continue
in-house performance may be made by an affected party. Appeals shall be
made in writing, be based only on specific alleged material deviation
(or deviations), from OMB Circular A-76, and be supported by appropriate
documentation. Appeals must be delivered within 15 working days of the
announced decision, through the contracting officer and the Director,
Directorate of Procurement and Grant Management, to the Under Secretary.
(50 FR 8922, Mar. 5, 1985)
48 CFR 2907.307 PART 2908 -- REQUIRED SOURCES OF SUPPLIES AND SERVICES
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
48 CFR 2907.307 Subpart 2908.8 -- Acquisition of Printing and Related Supplies
48 CFR 2908.802 Policy.
(a) The Office of Printing, Directorate of Administrative Services
and Safety and Health Programs, has been designated as the DOL liaison
with the Joint Committee on Printing (JCP) and the Public Printer,
Government Printing Office (GPO), on all matters related to printing.
(b) Except as provided in paragraphs 35-2 through 35-4 of the
''Government Printing and Binding Regulations'' of the Congressional
Joint Committee on Printing, inclusion of printing as defined in FAR
8.801 in contracts for supplies and services is prohibited unless
specifically approved in writing by the Directorate of Administrative
Services and Safety and Health Programs.
(50 FR 8923, Mar. 5, 1985)
48 CFR 2908.802 PART 2909 -- CONTRACTOR QUALIFICATIONS
48 CFR 2908.802 Subpart 2909.1 -- Responsible Prospective Contractors
Sec.
2909.105 Procedures.
2909.105-1 Obtaining information.
48 CFR 2908.802 Subpart 2909.4 -- Debarment, Suspension, and
Ineligibility
2909.400 Scope of subpart.
2909.404 Consolidated List of Debarred, Suspended, and Ineligible
Contractors.
2909.405 Effect of listing.
2909.405-1 Continuation of current contracts.
2909.406 Debarment.
2909.406-1 General.
2909.406-3 Procedures.
2909.407 Suspension.
2909.407-1 General.
2909.407-3 Procedures.
48 CFR 2908.802 Subpart 2909.5 -- Organizational Conflicts of Interest
2909.503 Waiver.
2909.507 Procedures.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8923, Mar. 5, 1985, unless otherwise noted.
48 CFR 2908.802 Subpart 2909.1 -- Responsible Prospective Contractors
2909.105 Procedures.
48 CFR 2909.105-1 Obtaining information.
(a) In addition to the sources of information listed in FAR
9.105-1(c) to support determinations of responsibility or
nonresponsibility, the contracting officer shall use, if available,
performance evaluation reports on section 8(a) contractors (section 8(a)
of the Small Business Act as amended (15 U.S.C. 637(a)) and construction
and architect-engineer contractors (see 2936.201 and 2936.604).
(b) Contracting officers may obtain credit reports prior to the
issuance of any loan, loan guarantee, contract or grant through the
credit bureau service. The National Capital Service Center will award a
contract for the credit bureau service for use by all DOL contracting
activities until such services become available through an established
GSA Federal Supply Schedule.
(50 FR 8923, Mar. 5, 1985, as amended at 51 FR 40374, Nov. 6, 1986;
53 FR 3839, Feb. 9, 1988)
48 CFR 2909.105-1 Subpart 2909.4 -- Debarment, Suspension, and Ineligibility
48 CFR 2909.400 Scope of subpart.
This subpart prescribes DOL policies and procedures governing the
debarment and suspension of contractors, the listing of debarred and
suspended contractors, contractors declared ineligible (see FAR 9.403)
and distribution of the list.
48 CFR 2909.404 Consolidated List of Debarred, Suspended, and Ineligible
Contractors.
(a) The Directorate of Procurement and Grant Management, is
responsible for accomplishing the actions required in FAR 9.404(c).
(b) The Directorate of Procurement and Grant Management, upon receipt
of monthly issues of the consolidated list from GSA, shall distribute
the issues to the heads of contracting activities.
(c) Weekly supplements to monthly lists shall be furnished to the
heads of contracting activities by the Directorate of Procurement and
Grant Management.
48 CFR 2909.405 Effect of listing.
The Director, Directorate of Procurement and Grant Management, is
authorized to make the determinations listed in FAR 9.405(a). Requests
for such determinations shall be submitted by the head of the
contracting activity to the Director, Directorate of Procurement and
Grant Management.
48 CFR 2909.405-1 Continuation of current contracts.
The Director, Directorate of Procurement and Grant Management, is
authorized to take the actions listed in FAR 9.405-1.
2909.406 Debarment.
48 CFR 2909.406-1 General.
(a) The Director, Directorate of Procurement and Grant Management, is
the debarring official for DOL and is authorized to debar a contractor
for any of the causes in FAR 9.406-2, using the procedures in
2909.406-3.
(b) Exceptions to debarment made by another Executive Agency shall be
made by the Director, Directorate of Procurement and Grant Management,
in accordance with the conditions in FAR 9.406-1(c).
48 CFR 2909.406-3 Procedures.
(a) Investigation and referral. Whenever a cause for debarment, as
listed in FAR 9.406-2, becomes known to a DOL employee, the head of the
contracting activity affected shall be notified. The head of the
contracting activity shall consult with the Office of the Solicitor and
the Office of the Inspector General, as appropriate, and submit a formal
recommendation which documents the cause for debarment to the Director,
Directorate of Procurement and Grant Management.
(b) Notice of proposal to debar. Based upon review of the
recommendation to debar and consultation with the Office of the
Solicitor and Office of the Inspector General, as appropriate, the
Director, Directorate of Procurement and Grant Management, shall
initiate proposed debarment by taking the actions listed in FAR
9.406-3(c) and advising the contractor of DOL's rules under 2909.4.
(c) Factfinding proceedings. For actions listed under FAR
9.406-3(b)(2), the Director, Directorate of Procurement and Grant
Management, shall afford the contractor the opportunity to appear at an
informal factfinding as required by FAR 9.406-3(b)(2)(i). The hearing
shall be conducted by the Office of Administrative Law Judges and shall
be held at a date and location convenient to the parties concerned.
Subject to the provisions of 29 CFR part 18, the contractor and any
specifically named affiliates, may be represented by counsel or any duly
authorized representative. Witnesses may be called by either party.
The proceedings shall be conducted expeditiously and in such a manner
that each party will have a full opportunity to present all information
considered pertinent to the proposed debarment. A transcript of the
proceedings shall be made available to the contractor under the
conditions in FAR 9.406-3(b)(2)(ii).
(d) Decision and notice. The Director, Directorate of Procurement
and Grant Management, shall make a decision on imposing debarment in
accordance with the procedures in FAR 9.406-3(d), findings of fact of
the Administrative Law Judge, and the conditions in FAR 9.406-4 and
9.406-5. Notice of the decision shall be provided to the contractor and
any affiliates involved in accordance with the procedures in FAR
9.406-3(e).
2909.407 Suspension.
48 CFR 2909.407-1 General.
(a) The Director, Directorate of Procurement and Grant Management, is
the suspending official for DOL and is authorized to suspend a
contractor for any of the causes in FAR 9.407-2, using the procedures in
2909.407-3.
(b) The Director, Directorate of Procurement and Grant Management, is
authorized to make the statement regarding suspension by another agency
suspending official under the conditions in FAR 9.407-1(d).
48 CFR 2909.407-3 Procedures.
(a) Investigation and referral. Whenever a cause for suspension, as
listed in FAR 9.406-2, becomes known to a DOL employee, the head of the
contracting activity affected shall be notified. The head of the
contracting activity shall consult with the Office of the Solicitor and
the Office of the Inspector General, as appropriate, and submit a formal
recommendation, which documents the cause for suspension, to the
Director, Directorate of Procurement and Grant Management.
(b) Notice of suspension. Based upon review of the recommendation to
suspend and consultation with the Office of the Solicitor and the Office
of the Inspector General, as required, the Director, Directorate of
Procurement and Grant Management, shall initiate suspension by taking
the actions listed in FAR 9.407-3(c) and advising the contractor of
DOL's rules under 2909.4.
(c) Factfinding proceedings. For actions listed under FAR
9.407-3(b)(2), the Director, Directorate of Procurement and Grant
Management, shall afford the contractor the opportunity to appear at an
informal hearing as required by FAR 9.407-3(b)(2)(i). The hearing shall
be conducted under the conditions in 2909.407-3(c).
(d) Suspension decisions. The Director, Directorate of Procurement
and Grant Management, shall make a final decision on suspension as
prescribed in FAR 9.407-3(d). Notice of the decision shall be provided
to the contractor and any affiliates involved in accordance with the
provisions in FAR 9.407-3(d)(4).
48 CFR 2909.407-3 Subpart 2909.5 -- Organizational Conflicts of Interest
48 CFR 2909.503 Waiver.
(a) The Director, Directorate of Procurement and Grant Management, is
authorized to waive any general rule or procedure in FAR 9.5 when its
application in a particular situation would not be in the Government's
interest. Pursuant to FAR 9.503, this authority may not be redelegated.
(b) Requests for waivers shall be made by the head of the contracting
activity to the Director, Directorate of Procurement and Grant
Management. Each request shall include:
(1) An analysis of the facts involving the potential or actual
conflict including benefits and detriments to the Government and
prospective contractors;
(2) A discussion of the factors which preclude avoiding,
neutralizing, or mitigating the conflict; and
(3) Identification of the provision(s) in FAR subpart 9.5 to be
waived.
(c) In making determinations under 2909.503(a), the Director,
Directorate of Procurement and Grant Management, shall request the
opinion of the Office of the Solicitor.
48 CFR 2909.507 Procedures.
(a) If a prospective contractor disagrees with the decision of a
contracting officer regarding an organizational conflict of interest
provision and requests higher level review in accordance with FAR
9.507(c)(4) the matter shall be referred to the Director, Directorate of
Procurement and Grant Management for review and final decision.
(b) Referrals shall be made by the head of the contracting agency
concerned and include the contracting officer's decision and the
position of the prospective contractor.
(c) In making determinations under 2909.507(a), the Director,
Directorate of Procurement and Grant Management, shall request the
opinion of the Office of the Solicitor.
48 CFR 2909.507 PART 2910 -- SPECIFICATIONS, STANDARDS, AND OTHER
PURCHASE DESCRIPTIONS
Sec.
2910.004 Selecting specifications or descriptions for use.
2910.004-70 Brand name products or equal.
2910.007 Deviations.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8924, Mar. 5, 1985, unless otherwise noted.
48 CFR 2910.004 Selecting specifications or descriptions for use.
(a) In accordance with FAR 10.1004(b)(2), purchase descriptions shall
not specify a product, or specific feature of a product, peculiar to a
manufacturer unless it is determined in writing by the Office initiating
the purchase request that the product, or specific product feature, is
essential to the Government's requirements and other similar products
will not meet these requirements. This determination shall be in
writing and shall accompany the purchase requisition.
(b) A ''brand name or equal'' purchase description shall be used only
under the conditions listed in FAR 10.004(b)(3) and in accordance with
the policies and procedures in 2910.004-70.
48 CFR 2910.004-70 Brand name products or equal.
(a) Limitations on use. The identification of a requirement in a
purchase description by use of one or more brand name products followed
by the words ''or equal'' shall be used only under the conditions listed
in FAR 10.004(b)(3). A ''brand name product'' means a current commercial
product of a manufacturer described by its brand name, make, model
number, catalog designation, or other description by which it is
regularly offered for sale to the public in the commercial market place.
(b) Invitation requirements. (1) ''Brand name or equal'' purchase
descriptions in invitations shall identify salient characteristics of
the product (see 2910.004-70(b)(2)) and contain the following
information to describe the specific item:
(i) Identification of the item by generic descriptions;
(ii) Make, model number, catalog designation (or other description),
and identification of commercial catalog where it is listed; and
(iii) Name of manufacturer, producer, or distributor of the item and
complete address.
(2) In accordance with the policy in FAR 10.002, whenever a ''brand
name or equal'' purchase description is used, offerors shall be given
the opportunity to offer products equal to the brand name if those
products (including modifications thereto) satisfy the minimum needs of
the Government. Therefore, all salient characteristics of the ''brand
name or equal'' product which are determined by the office initiating
the purchase request to be essential to the Government's minimum needs
shall be identified separately under the heading of ''Salient
Characteristics'' and included in the purchase description contained in
the solicitation so the offeror understands the information to be
submitted with its bid when offering an ''equal'' product for
evaluation. In addition, the following certification shall be included
at the end of each ''brand name or equal'' description in a solicitation
for an offeror to identify its ''equal'' product:
Offerors proposing to furnish an ''equal'' product, in accordance
with the ''Brand Name or Equal'' provision of this solicitation, shall
insert the following description for the product.
Bidding on:
Manufacturer's Name:
Address:
Product Name (if any):
Product make, model, or catalog description:
--
Offerors shall also be responsible for submitting all additional
information on the above product necessary for the Government to
determine whether the product offered meets the salient characteristics
of the ''brand name'' as listed in the solicitation.
48 CFR 2910.007 Deviations.
(a) Heads of contracting activities are authorized to approve
deviations and exceptions to specifications or standards listed in the
Index of Federal Specifications and Standards when the exceptions listed
under FAR 10.006 do not apply. The Director, Directorate of Procurement
and Grant Management, shall be notified formally and provided a copy of
each deviation or exception approved.
(b) Heads of contracting activities are responsible for accomplishing
the actions required under FAR 10.007.
48 CFR 2910.007 SUBCHAPTER C -- CONTRACTING METHODS AND CONTRACT TYPES
48 CFR 2910.007 PART 2913 -- SMALL PURCHASE AND OTHER SIMPLIFIED PURCHASE PROCEDURES
48 CFR 2910.007 Subpart 2913.1 -- General
Sec.
2913.106 Competition and price reasonableness.
2913.107 Solicitation and evaluation of quotations.
48 CFR 2910.007 Subpart 2913.3 -- Fast Payment Procedure
2913.301 General.
48 CFR 2910.007 Subpart 2913.4 -- Imprest Fund
2913.403 Agency responsibilities.
48 CFR 2910.007 Subpart 2913.5 -- Purchase Orders
2913.503 Obtaining contractor acceptance and modifying purchase
orders.
2913.503-70 Duplicate purchase orders.
2913.505 Purchase order and related forms.
2913.505-2 Agency order forms in lieu of optional forms 347 and 348.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8925, Mar. 5, 1985, unless otherwise noted.
48 CFR 2910.007 Subpart 2913.1 -- General
48 CFR 2913.106 Competition and price reasonableness.
When other than the lowest responsive quotation from a responsible
supplier is used as the basis for the purchase, the Contracting Officer
shall include in the purchase file documentation of the reason(s) for
rejecting any lower quotation and the name of the individual responsible
for making the determination to reject such quotation.
48 CFR 2913.107 Solicitation and evaluation of quotations.
Standard Form 18, Request for Quotations, shall be used as prescribed
in FAR 13.107(a) unless an agency equivalent form has been authorized
for use by the Director, Directorate of Procurement and Grant
Management.
48 CFR 2913.107 Subpart 2913.3 -- Fast Payment Procedure
48 CFR 2913.301 General.
The fast payment procedure delineated in FAR subpart 13.3 shall not
be utilized by DOL.
48 CFR 2913.301 Subpart 2913.4 -- Imprest Fund
48 CFR 2913.403 Agency responsibilities.
The DOL ''Imprest Fund Handbook'' incorporated in the Department of
Labor Manual Series (DLMS 6, Chapter 1900, Handbook DLMS 6-5) contains
internal DOL procedures for establishment, maintenance and use of
imprest funds. Copies of the handbook may be obtained upon written
request from the Directorate of Procurement and Grant Management, Office
of the Assistant Secretary for Administration and Management, U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210.
(50 FR 8925, Mar. 5, 1985, as amended at 51 FR 40374, Nov. 6, 1986;
53 FR 3839, Feb. 9, 1988)
48 CFR 2913.403 Subpart 2913.5 -- Purchase Orders
2913.503 Obtaining contractor acceptance and modifying purchase
orders.
48 CFR 2913.503-70 Duplicate purchase orders.
If the vendor reports non-receipt, loss or other inability to locate
an original purchase order and requests another copy, the purchasing
officer may issue to the vendor a duplicate copy as the vendor's basis
of performance. This second issue should be conspicuously marked
''Duplicate Copy.'' To avoid the possibility of a duplicate shipment, a
letter of transmittal or a notation on the purchase order should read as
follows:
This is a duplicate copy of the lost original purchase order,
furnished in accordance with your request of ---------- (Date). The
Government will not be responsible for duplicate shipment.
(50 FR 8925, Mar. 5, 1985, as amended at 51 FR 40374, Nov. 6, 1986;
53 FR 3839, Feb. 9, 1988)
2913.505 Purchase order and related forms.
48 CFR 2913.505-2 Agency order forms in lieu of optional forms 347 and
348.
Department of Labor Form 1-90 (DL Form 1-90), entitled ''Purchase
Order'' may be used by DOL in lieu of Optional Forms 347 and 348
prescribed in FAR 13.505.
48 CFR 2913.505-2 PART 2914 -- SEALED BIDDING
48 CFR 2913.505-2 Subpart 2914.2 -- Solicitation of Bids
Sec.
2914.203 Methods of soliciting bids.
2914.203-2 Dissemination of information concerning invitation for
bids.
2914.205 Solicitation mailing lists.
2914.205-1 Establishment of lists.
48 CFR 2913.505-2 Subpart 2914.4 -- Opening of Bids and Award of
Contract
2914.404 Rejection of bids.
2914.404-1 Cancellation of invitations after opening.
2914.406 Mistakes in bids.
2914.406-3 Other mistakes disclosed before award.
2914.406-4 Disclosure of mistakes after award.
2914.407 Award.
2914.407-8 Protests against award.
2914.407-70 Award when only one bid is received.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8925, Mar. 5, 1985, unless otherwise noted.
48 CFR 2913.505-2 Subpart 2914.2 -- Solicitation of Bids
2914.203 Methods of soliciting bids.
48 CFR 2914.203-2 Dissemination of information concerning invitation for
bids.
Procedures for obtaining approval for paid advertisements in
newspapers are contained in 2905.502.
2914.205 Solicitation mailing lists.
48 CFR 2914.205-1 Establishment of lists.
In accordance with FAR 14.205-1(b), prospective bidders which submit
solicitation mailing list applications shall be notified by the
Contracting Activity when added to a mailing list unless the bidder is
expected to be issued a solicitation within thirty days after Government
receipt of the application.
48 CFR 2914.205-1 Subpart 2914.4 -- Opening of Bids and Award of
Contract
2914.404 Rejection of bids.
48 CFR 2914.404-1 Cancellation of invitations after opening.
The head of the contracting activity (HCA) is authorized to make the
written determination required by FAR 14.404-1(c).
(51 FR 40374, Nov. 6, 1986 and 53 FR 3839, Feb. 9, 1988)
2914.406 Mistakes in bids.
48 CFR 2914.406-3 Other mistakes disclosed before award.
(a) The Director, Directorate of Procurement and Grant Management, is
authorized to make the administrative determinations under FAR 14.406-3.
This authority may not be redelegated except as set forth in paragraph
(b) of 2914.406-3.
(b) If (1) a bidder requests permission to withdraw a bid rather than
correct it, and (2) the evidence is determined convincing as to the
mistake or (3) the evidence reasonably supports the existence of a
mistake but is not clear and convincing, the head of the contracting
office is authorized to make a written determination permitting the
bidder to withdraw the bid after review, in accordance with established
procedures, and concurrence by the appropriate Office of the Solicitor.
Copies of all determinations made pursuant to this authority shall be
promptly transmitted to the Director, Directorate of Procurement and
Grant Management. If evidence of the intended bid is clear and
convincing, even though the bidder has not requested permission to
correct the bid, the case shall be processed in accordance with
paragraph (c) of 2914.406-3.
(c) Suspected or alleged mistakes in bids shall be processed in
accordance with the requirements of FAR 14.406-3(g). The contracting
officer shall submit a report together with the supporting data
described in FAR 14.406-3(g)(3) through the head of the contracting
activity to the Director, Directorate of Procurement and Grant
Management.
(d) The Director, Directorate of Procurement and Grant Management, is
responsible for maintaining records of administrative determinations as
required in FAR 14.406-3(h).
48 CFR 2914.406-4 Disclosure of mistakes after award.
(a) The head of the contracting activity is authorized to make the
administrative determinations in FAR 14.406-4 after concurrence is
received from the Office of the Solicitor as required by FAR
14.406-4(d). This authority may not be redelegated.
(b) The contracting officer shall process a mistake and prepare a
case file in accordance with the requirements of FAR 14.604-4(e). The
file shall be submitted to the head of the contracting activity for
determination.
2914.407 Award.
48 CFR 2914.407-8 Protests against award.
See DOLAR subpart 2933.1, ''Protests''.
(51 FR 40374, Nov. 6, 1986 and 53 FR 3839, Feb. 9, 1988)
48 CFR 2914.407-70 Award when only one bid is received.
When only one bid is received in response to an invitation for bids,
such bid may be considered and accepted if the contracting officer makes
a written determination that (a) the specifications used in the
invitation were not unduly restrictive, (b) adequate competition was
solicited and it could have been reasonably assumed that more than one
bid would have been submitted, (c) the price is reasonable, and (d) the
bid is otherwise in accordance with the invitation for bids. Such a
determination shall be placed in the contract file.
48 CFR 2914.407-70 PART 2915 -- CONTRACTING BY NEGOTIATION
48 CFR 2914.407-70 Subpart 2915.4 -- Solicitation and Receipt of
Proposals and Quotations
2915.404 Presolicitation notices and conferences.
2915.405 Solicitations for information or planning purposes.
2915.405-1 General.
2915.413 Disclosure and use of information before award.
2915.413-1 Alternate I.
48 CFR 2914.407-70 Subpart 2915.5 -- Unsolicited Proposals
2915.505 Content of unsolicited proposals.
2915.505-1 Unsolicited research proposals.
2915.506 Agency procedures.
48 CFR 2914.407-70 Subpart 2915.6 -- Source Selection
2915.607 Disclosure of mistakes before award.
2915.608 Proposal evaluation.
2915.612 Formal source selection.
48 CFR 2914.407-70 Subpart 2915.8 -- Price Negotiation
2915.803 General.
2915.804 Cost or pricing data.
2915.804-3 Exemptions from or waiver of submission of certified cost
or pricing data.
2915.805 Proposal analysis.
2915.805-5 Field pricing support.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8926, Mar. 5, 1985, unless otherwise noted.
48 CFR 2914.407-70 Subpart 2915.4 -- Solicitation and Receipt of Proposals and Quotations
48 CFR 2915.404 Presolicitation notices and conferences.
A presolicitation conference (see FAR 15.404) shall not be used
unless approved by the Head of the Contracting Activity or designee in
accordance with Agency or Office procedures.
2915.405 Solicitations for information or planning purposes.
48 CFR 2915.405-1 General.
The written determination justifying use of a solicitation for
information or planning purposes under FAR 15.405-1 shall be approved by
the Head of the Contracting Activity before issuance of the
solicitation.
2915.413 Disclosure and use of information before award.
48 CFR 2915.413-1 Alternate I.
The Department of Labor shall employ the procedures in FAR Alternate
I regarding disclosure and use of information.
48 CFR 2915.413-1 Subpart 2915.5 -- Unsolicited Proposals
2915.505 Content of unsolicited proposals.
48 CFR 2915.505-1 Unsolicited research proposals.
In addition to the contents required by FAR 15.505, unsolicited
proposals for research should contain a commitment to provide
cost-sharing.
48 CFR 2915.506 Agency procedures.
(a) The contact points for submission of unsolicited proposals are
those officials (Heads of Contracting Activities) with program
responsibility listed in subpart 2901.6.
(b) Heads of Contracting Activities shall assure that unsolicited
proposals are controlled, evaluated, safeguarded and disposed of in
accordance with FAR subpart 15.5.
48 CFR 2915.506 Subpart 2915.6 -- Source Selection
48 CFR 2915.607 Disclosure of mistakes before award.
The Head of the Contracting Activity is authorized to make the
determination permitting proposal correction in accordance with the
conditions in FAR 15.607(c)(3) and consultation with the Office of the
Solicitor.
48 CFR 2915.608 Proposal evaluation.
The head of contracting activity (HCA) is authorized to make the
determination required by FAR 15.608(b).
(51 FR 40374, Nov. 6, 1986 and 53 FR 3839, Feb. 9, 1988)
48 CFR 2915.612 Formal source selection.
(a) The Head of the Contracting Activity shall determine when a
formal source selection process shall be used and shall establish
procedures for implementing the requirements in FAR 15.612.
(b) The procedures established under paragraph (a) of this section
shall be forwarded for the review and approval of the Director,
Directorate of Procurement and Grant Management.
48 CFR 2915.612 Subpart 2915.8 -- Price Negotiation
48 CFR 2915.803 General
(a) Where the contractor insists on a price or demands a profit or
fee that the contracting officer considers unreasonable, and the
contracting officer has taken all authorized actions to resolve the
matter (see FAR 15.803), the contract action shall be referred to the
Head of the Contracting Activity for final resolution.
(b) Resolution under paragraph (a) of this section, shall be
documented and signed by the Head of the Contracting Activity, and
included in the contract file.
2915.804 Cost or pricing data.
48 CFR 2915.804-3 Exemptions from or waiver of submission of certified
cost or pricing data.
(a) The Head of the Contracting Activity is authorized to approve the
contracting officer's finding supporting the unreasonableness of the
lowest price (see FAR 15.804-3(b)(2)(iii).
(b) The Director, Directorate of Procurement and Grant Management, is
authorized to waive the requirement for submission of certified cost or
pricing data.
(c) Requests for waiver under paragraph (b) of this section, shall be
submitted in writing by the Head of the Contracting Activity and shall
contain a statement as to the reasons the waiver is necessary and the
efforts made to obtain the data from the contractor or prospective
contractor.
2915.805 Proposal analysis.
48 CFR 2915.805-5 Field pricing support.
(a) As prescribed in FAR 15.805-5(c), the contracting officer shall
initiate a cost or pricing review by sending a written request to the
Director, Directorate of Procurement and Grant Management, OASAM. The
contracting officer shall allow at least 30 calendar days when assigning
a deadline for receipt of the cost and price analysis report.
(b) Upon receipt of the cost or pricing review report, the
contracting officer and the price analyst (if assigned) shall discuss
any questions regarding the contents of the report with the reviewer.
If a question cannot be resolved, or agreement cannot be reached on a
recommendation in the report, the contracting officer shall prepare a
written statement for the contract file which discusses the issue(s) in
question and supports a final decision on the matter. An information
copy of the statement shall be promptly forwarded to the Director,
Directorate of Procurement and Grant Management.
48 CFR 2915.805-5 PART 2916 -- TYPES OF CONTRACTS
48 CFR 2915.805-5 Subpart 2916.2 -- Fixed Price Contracts
Sec.
2916.203 Fixed-price contracts with economic price adjustment.
2916.203-4 Contract clauses.
48 CFR 2915.805-5 Subpart 2916.3 -- Cost-Reimbursement Contracts
2916.306 Cost-plus-fixed-fee contracts.
48 CFR 2915.805-5 Subpart 2916.6 -- Time-and-Materials, Labor-Hour, and
Letter Contracts
2916.603 Letter contracts.
2916.603-2 Application.
48 CFR 2915.805-5 Subpart 2916.7 -- Agreements
2916.702 Basic agreements.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8929, Mar. 5, 1985, unless otherwise noted.
48 CFR 2915.805-5 Subpart 2916.2 -- Fixed Price Contracts
2916.203 Fixed-price contracts with economic price adjustment.
48 CFR 2916.203-4 Contract clauses.
An economic price adjustment clause based on cost indexes of labor or
material may be used under the conditions listed in FAR 16.203-4(d)
after approval by the Director, Directorate of Procurement and Grant
Management, is obtained.
48 CFR 2916.203-4 Subpart 2916.3 -- Cost-Reimbursement Contracts
48 CFR 2916.306 Cost-plus-fixed-fee contracts.
The Contracting Officer is authorized to approve the determination
establishing the basis for application of the statutory price or fee
limitation prescribed in FAR 16.306(c)(2).
(51 FR 40374, Nov. 6, 1986 and 53 FR 3839, Feb. 9, 1988)
48 CFR 2916.306 Subpart 2916.6 -- Time-and-Materials, Labor-Hour, and
Letter Contracts
2916.603 Letter contracts.
48 CFR 2916.603-2 Application.
The Head of the Contracting Activity is authorized to extend the
period for definitization of a letter contract required by FAR
16.603-2(c) in extreme cases where it is determined in writing that such
action is in the best interest of the Government.
48 CFR 2916.603-2 Subpart 2916.7 -- Agreements
48 CFR 2916.702 Basic agreements.
Copies of basic agreements negotiated with contractors in accordance
with FAR 16.702 shall be furnished by the Head of the Contracting
Activity to the Director, Directorate of Procurement and Grant
Management, promptly after execution by the Government.
48 CFR 2916.702 PART 2917 -- SPECIAL CONTRACTING METHODS
48 CFR 2916.702 Subpart 2917.2 -- Options
Sec.
2917.203 Solicitations.
2917.206 Evaluation.
48 CFR 2916.702 Subpart 2917.4 -- Leader Company Contracting
2917.402 Limitations.
48 CFR 2916.702 Subpart 2917.5 -- Interagency Acquisitions Under the
Economy Act
2917.502 General.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8929, Mar. 5, 1985, unless otherwise noted.
48 CFR 2916.702 Subpart 2917.2 -- Options
48 CFR 2917.203 Solicitations.
Option quantities in excess of the 50 percent limit prescribed in FAR
17.203(g)(2) may, in unusual circumstances, be approved by the Head of
the Contracting Activity. The documentation required by FAR 17.205(a)
shall include a written justification to fully support the need for such
action.
48 CFR 2917.206 Evaluation.
The Head of the Contracting Activity shall make the written
determination required by FAR 17.206(a). This determination is required
before use of the solicitation provision at FAR 52.217-5, Evaluation of
Options, is authorized. See FAR 17.208(c).
48 CFR 2917.206 Subpart 2917.4 -- Leader Company Contracting
48 CFR 2917.402 Limitations.
Use of leader company contracting for a product, subject to the
limitations in FAR 17.402, shall require the advance authorization of
the Director, Directorate of Procurement and Grant Management.
Authorization requests shall document the circumstances requiring such
action and shall be submitted by the Head of the Contracting Activity.
48 CFR 2917.402 Subpart 2917.5 -- Interagency Acquisitions Under the Economy Act
48 CFR 2917.502 General.
The head of the contracting activity is authorized to make the
determination prescribed in FAR 17.502 in accordance with the
requirements contained in FAR 17.503.
(51 FR 40374, Nov. 6, 1986 and 53 FR 3839, Feb. 9, 1988)
48 CFR 2917.502 SUBCHAPTER D -- SOCIOECONOMIC PROGRAMS
48 CFR 2917.502 PART 2919 -- SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS
48 CFR 2917.502 Subpart 2919.2 -- Policies
Sec.
2919.201 General policy.
2919.202 Specific policies.
2919.202-2 Locating small business sources.
2919.202-5 Data collection and reporting requirements.
2919.202-70 Annual plans and program goals.
48 CFR 2917.502 Subpart 2919.5 -- Set-Asides for Small Business
2919.501 General.
2919.503 Setting aside a class of acquisitions.
2919.503-70 Class set-aside for construction acquisitions.
2919.505 Rejection of set-aside recommendations.
2919.506 Withdrawal or modification of set-asides.
48 CFR 2917.502 Subpart 2919.6 -- Certificates of Competency and
Determinations of Eligibility
2919.602 Procedures.
2919.602-1 Referrals.
48 CFR 2917.502 Subpart 2919.7 -- Subcontracting With Small Business and
Small Disadvantaged Business Concerns
2919.705 Responsibilities of the contracting officer under the
subcontracting assistance program.
2919.705-3 Solicitations.
2919.705-4 Reviewing the subcontracting plan.
2919.705-5 Awards involving subcontracting plans.
2919.705-6 Postaward responsibilities of the contracting officer.
2919.708 Solicitation provisions and contract clauses.
48 CFR 2917.502 Subpart 2919.8 -- Contracting With the Small Business
Administration
2919.802 Selecting firms for DOL acquisitions.
2919.803 Selecting acquisitions for the 8(a) program.
2919.810 Contract administration.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8929, Mar. 5, 1985, unless otherwise noted.
48 CFR 2917.502 Subpart 2919.2 -- Policies
48 CFR 2919.201 General policy.
(a) The Director, Office of Small and Disadvantaged Business
Utilization (OSDBU), is responsible for performing all functions and
duties prescribed in FAR 19-201(c) and for:
(1) Developing and monitoring policies, procedures and regulations
for effective administration of the Department's small business and
small disadvantaged business program;
(2) Coordinating issues with the small and disadvantaged business
specialist (SDBS) in each contracting office regarding the Department's
small and small disadvantaged business program;
(3) Conducting surveys and reviews of DOL contracting offices related
to the small business and small disadvantaged business program,
recommending changes and corrective action, as appropriate; and
(4) Representing the Department before other Government agencies on
matters primarily affecting small business, small disadvantaged
business, women-owned business, historically black colleges and
universities (HBCU), and advising the Under Secretary and other
officials on matters relating to the program.
(b) The Head of the Contracting Activity, or designee, in addition to
the requirements of FAR 19.201(b), shall be responsible for:
(1) Establishing annual goals for the small disadvantaged business
programs; and
(2) Appointing, as prescribed in FAR 19.201(d), a small and
disadvantaged business specialist (SDBS) for each contract office.
(c) The small and disadvantaged business specialist (SDBS) shall
serve as advisor to the Head of the Contracting Activity, and shall be
the contracting activity's central point of contact for inquiries and
advice pertaining to the small business and small disadvantaged business
program. The SDBS shall be responsible for:
(1) Maintaining a program to locate capable small business, small
disadvantaged business, and women-owned business sources to fulfill the
Department's acquisition requirements;
(2) Coordinating inquiries and requests for advice from small
business, small disadvantaged business, women-owned business concerns
and HBCU on DOL contracting and subcontracting opportunities and other
acquisition matters;
(3) Ensuring that contracting offices are kept abreast of new or
revised small business, small disadvantaged business, women-owned
business and HBCU regulations, policies, procedures and other related
information;
(4) Assisting in the Agency's advance acquisition planning process;
(5) Reviewing all requirements to assure that small business, small
disadvantaged business, women-owned business, businesses located in
labor surplus areas (LSA) and HBCU will be afforded an equitable
opportunity to compete, and as appropriate, initiating recommendations
for small business set-asides;
(6) Reviewing proposed requirements for possible breakout of items or
services suitable for acquisition from participants of the small and
disadvantaged business programs;
(7) Attending, as appropriate, debriefings to unsuccessful small
business and small disadvantaged business concerns to assist those firms
in understanding requirements for responsiveness and responsibility so
that the firm may be able to better qualify for future awards;
(8) Participating in the evaluation of small business and small
disadvantaged business subcontracting plans for prime contractors and
other evaluation activities, as appropriate;
(9) Maintaining a list of products and services which have been
placed as repetitive small business set-asides;
(10) Developing and maintaining records necessary to demonstrate
maximum support for DOL's preferential programs, ensuring compilation of
current, accurate, and complete data; and preparing all reports
pertaining to program activities;
(11) Participating in the development, implementation, and review of
automated source systems to assure that the interest of small business,
small disadvantaged business, women-owned business, and HBCU are fully
considered;
(12) Participating, as required, in governmental-industry conferences
to assist small business, disadvantaged business, women-owned business,
and HBCU, including Congressionally-sponsored Federal acquisition
conferences, minority business enterprises acquisition seminars, and
business opportunity committee meetings;
(13) Initiating action, in writing, with appropriate personnel to
assure the availability of adequate specifications and drawings, when
necessary, to obtain small business, small disadvantaged business,
women-owned business and HBCU participation in current and future
acquisitions.
2919.202 Specific policies.
48 CFR 2919.202-2 Locating small business sources.
(a) It is the policy of the DOL to utilize the services of the SBA
Procurement Automatic Source System (PASS) to identify small and small
disadvantaged business sources. Obtaining sources from PASS or from
local mailing lists does not negate the requirement that the contracting
officer advertise the acquisition in accordance with FAR 5.
(b) Historically black colleges and universities shall be considered
as sources for fulfilling requirements except for small business
set-asides.
48 CFR 2919.202-5 Data collection and reporting requirements.
In addition to the requirements of FAR 19.202-5, DOL Agencies/Offices
shall accurately measure the extent of participation by historically
black colleges and universities in their acquisitions in terms of the
total value of contracts placed with such organizations during each
fiscal year, and report data to the OSDBU at the end of the second and
fourth quarters of each fiscal year. The OSDBU shall forward the
Department's consolidated data to the Department of Education.
48 CFR 2919.202-70 Annual plans and program goals.
(a) Heads of Contracting Activities shall develop annual goals for
each category of the small business and small disadvantaged business
utilization programs, which shall include projected acquisition awards
to small businesses, minority businesses, 8(a) concerns, women-owned
businesses, and HBCU.
(1) To the greatest extent possible, the goals shall be based on
advance procurement plans, budget justifications, and past performance.
(2) Goals must comply with the criteria established by OSDBU.
(b) Goals are to be submitted to the OSDBU upon request of the
Director. OSDBU shall analyze and evaluate proposed goals, consolidate
departmental goals and forward such to the Small Business Administration
(SBA), the General Services Administration (GSA), and the Minority
Business Development Agency (MBDA), Department of Commerce.
(c) OSDBU may be required to negotiate final departmental goals,
depending on SBA, GSA, and/or MBDA concurrence or nonconcurrence.
48 CFR 2919.202-70 Subpart 2919.5 -- Set-Asides for Small Business
48 CFR 2919.501 General.
(a) The SDBS shall review individual requirements prior to issuance
of solicitations to determine the suitability of the acquisition for
award to the SBA under the section 8(a) Program (see FAR 19.803).
(b) When the requirement cannot be awarded under section 8(a)
procedures, the SDBS shall review individual requirements to determine
the feasibility of small business set-asides in the order of precedence
set forth in FAR 19.504. The SDBS recommendation shall be entered on
Form DL1-2004, ''Small Business Determination,'' with the reasons for
the ''pro'' or ''con'' set-aside recommendation. The form shall be
placed in the contract file.
(c) Upon receipt of the SDBS recommendation, the contracting officer
shall promptly approve or disapprove the SDBS recommendation, stating in
writing the reasons for any disapproval. If the contracting officer
disapproves the SDBS recommendation, the proposed acquisition shall be
promptly referred to the SBA PCR where available, for review; or where
no SBA PCR is available, to the Head of the Contracting Activity. All
negative recommendations shall be forwarded concurrently to the OSDBU.
(d) All requirements expected to exceed $10,000 which have not been
set-aside for small business shall be further reviewed by the SBA PCR,
who shall indicate approval or disapproval of the SDBS/contracting
officer's negative recommendation on Form DL 1-2004. If the SBA
disapproves the SDBS/contracting officer's recommendation, the proposed
action shall be appealed as provided in FAR 19.402(c)(3).
(e) All future requirements for products or services previously
acquired on a small business set-aside basis and which are not subject
to simplified small purchase procedures, shall be acquired on the basis
of a repetitive set-aside.
2919.503 Setting aside a class of acquisitions.
48 CFR 2919.503-70 Class set-aside for construction acquisitions.
(a) Each requirement for construction, alterations, maintenance, and
repair (including architect-engineer services), estimated to cost up to
$2 million shall be set aside for exclusive small business
participation. Such set-asides shall be considered to be unilateral
small business set-asides, and shall be withdrawn only in accordance
with the procedures of FAR 19.506 and 2919.506 if found not to serve the
best interest of the Government.
(b) Small business set-aside preferences for construction
acquisitions in excess of $2 million shall be considered on a
case-by-case basis under conditions prescribed in FAR 19.502-2.
48 CFR 2919.505 Rejection of set-aside recommendations.
The Under Secretary of Labor shall make final decisions on any
appeals of the Administrator of SBA concerning a DOL contracting
officer's adverse set-aside recommendation. The contracting officer's
written justification in support of the decision to reject the set-aside
recommendation shall be approved by the Head of the Contracting
Activity. The justification shall then be forwarded for review through
the Director, Directorate of Procurement and Grant Management, and the
Director, OSDBU, to the Under Secretary of Labor.
48 CFR 2919.506 Withdrawal or modification of set-asides.
Disagreements between the contracting officer and the SDBS concerning
withdrawals or modifications of individual or class set-asides shall be
resolved by the SBA PCR in the National Office, or by the Head of the
Contracting Activity where no SBA PCR is available. The SDBS shall
concurrently notify the OSDBU of such disagreements.
48 CFR 2919.506 Subpart 2919.6 -- Certificates of Competency and
Determinations of Eligibility
2919.602 Procedures.
48 CFR 2919.602-1 Referrals.
Referrals by the contracting officer in accordance with FAR 19.602-1
shall be approved by the head of the contracting activity prior to
submission to the appropriate SBA office. The contracting officer shall
forward copies of each referral to the Director, OSDBU.
48 CFR 2919.602-1 Subpart 2919.7 -- Subcontracting With Small Business
and Small Disadvantaged Business Concerns
2919.705 Responsibilities of the contracting officer under the
subcontracting assistance program.
48 CFR 2919.705-3 Solicitations.
The contracting officer shall forward to the OSDBU any solicitation
expected to result in a contract exceeding $500,000 ($1 million for
construction of a public facility) prior to release to the public to
ensure that appropriate subcontracting provisions are included in the
Request for Proposals or Invitations for Bids. The OSDBU shall be
allowed up to five working days for review of the solicitation,
depending on the circumstances and complexity of the individual
procurement.
48 CFR 2919.705-4 Reviewing the subcontracting plan.
The OSDBU shall be afforded the opportunity to review subcontracting
plans submitted by apparent successful offerors to determine if small
and small disadvantaged businesses are afforded the maximum practicable
opportunity to participate as subcontractors. OSDBU shall recommend to
the contracting officer needed changes to subcontracting plans
determined to be unacceptable.
48 CFR 2919.705-5 Awards involving subcontracting plans.
The contracting officer shall forward for review, upon request of the
Director, OSDBU, any acquisition package prior to execution of any
negotiated contractual document requiring subcontracting plans.
48 CFR 2919.705-6 Postaward responsibilities of the contracting officer.
(a) The contracting officer shall forward to the Director, OSDBU, a
copy of any subcontracting plan that was incorporated into a contract or
contract modification.
(b) The contracting officer shall maintain a list of active prime
contracts containing a subcontracting plan.
(c) Contracting officers shall collect quarterly and semi-annually
subcontracting data from contractors required to establish
subcontracting plans in support of small and small disadvantaged
business concerns. Copies of the semi-annual report, Standard Form 294
(Subcontracting Report for Individual Contracts), and the quarterly
report, Standard Form 295 (Summary Subcontracting Report), shall be
forwarded to the Director, OSDBU, not later than the 30th day of the
month following the close of the reporting period.
48 CFR 2919.708 Solicitation provisions and contract clauses.
Advance approval is required prior to including any small and small
disadvantaged business concerns incentive subcontracting provisions in
any contract. Requests for approval shall be submitted by the Head of
the Contracting Activity through the Director, Directorate of
Procurement and Grant Management, to the Director, OSDBU.
48 CFR 2919.708 Subpart 2919.8 -- Contracting With the Small Business Administration
48 CFR 2919.802 Selecting firms for DOL acquisitions.
Contracting opportunities marketed by individual 8(a) firms may be
reserved for the firm or group of firms which identified the
opportunity; however, each 8(a) firm or group of firms nominated by DOL
for a specific requirement must be approved by SBA for that particular
requirement prior to any DOL technical discussions with the firm(s).
48 CFR 2919.803 Selecting acquisitions for the 8(a) program.
(a) Each DOL Agency shall identify in tentative Annual Advance
Procurement Plans acquisitions to be fulfilled by 8(a) firms. Such
tentative plans shall provide detailed descriptions of the nature of the
services or work, or any other information pertinent to the requirement.
(b) Project officers shall also be responsible for cooperating with
the OSDBU to actively locate and identify qualified 8(a) sources and to
structure and tailor acquisitions to permit their participation.
48 CFR 2919.810 Contract administration.
(a) Contracting officers, or designees, shall conduct periodic
evaluations relative to the performance of an 8(a) contract at various
stages of the contract period of performance. Any problems encountered
during the performance evaluation which cannot be resolved shall be
referred to OSDBU for subsequent review and discussion with the
appropriate SBA official.
(b) The OSDBU and SBA are to be notified at least 45 days prior to
initiating final action to terminate a section 8(a) contract.
48 CFR 2919.810 PART 2920 -- LABOR SURPLUS AREA CONCERNS
48 CFR 2919.810 Subpart 2920.1 -- General
Sec.
2920.102 General policy.
48 CFR 2919.810 Subpart 2920.2 -- Set-Asides
2920.201 Set-asides for labor surplus area concerns.
2920.201-1 Total set-asides.
2920.201-70 Set-asides for construction acquisitions.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8932, Mar. 5, 1985, unless otherwise noted.
48 CFR 2919.810 Subpart 2920.1 -- General
48 CFR 2920.102 General policy.
It is the policy of the Department of Labor (DOL) to award
acquisitions with eligible labor-surplus area (LSA) concerns in
accordance with FAR part 20. Responsibility for implementing the DOL
LSA program is assigned to the Office of Small and Disadvantaged
Business Utilization.
48 CFR 2920.102 Subpart 2920.2 -- Set-Asides
2920.201 Set-asides for labor surplus area concerns.
48 CFR 2920.201-1 Total set-asides.
Acquisitions shall be reviewed for potential combined small
business/LSA set-aside consideration in accordance with FAR 19.501 and
2919.501.
48 CFR 2920.201-70 Set-asides for construction acquisitions.
(a) As prescribed in 2919.503-70, all acquisitions for construction,
alterations, maintenance and repair (including architect-engineer
services) estimated to cost up to $2 million shall be set-aside on a
class basis for combined small business/LSA concern when the
construction site is located in a LSA.
(b) Small business/LSA set-aside preference for construction
acquisitions in excess of $2 million shall be considered on a
case-by-case basis under conditions prescribed in FAR 20.201-1.
48 CFR 2920.201-70 PART 2922 -- APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
48 CFR 2920.201-70 Subpart 2922.1 -- Basic Labor Policies
Sec.
2922.101 Labor relations.
2922.101-3 Reporting labor disputes.
2922.101-4 Removal of items from contractor facilities affected by
work stoppage.
2922.103 Overtime.
2922.103-4 Approvals.
48 CFR 2920.201-70 Subpart 2922.6 -- Walsh-Healy Public Contracts Act
2922.604 Exemptions.
2922.604-2 Regulatory exemptions.
2922.608 Procedures.
2922.608-4 Award pending final determination.
48 CFR 2920.201-70 Subpart 2922.8 -- Equal Employment Opportunity
2922.803 Responsibilities.
2922.804 Affirmative action programs.
2922.804-2 Construction.
2922.805 Procedures.
2922.807 Exemptions.
48 CFR 2920.201-70 Subpart 2922.13 -- Special Disabled and Vietnam Era
Veterans
2922.1303 Waivers.
2922.1306 Complaint procedures.
48 CFR 2920.201-70 Subpart 2922.14 -- Employment of the Handicapped
2922.1403 Waivers.
2922.1406 Complaint procedures.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8932, Mar. 5, 1985, unless otherwise noted.
48 CFR 2920.201-70 Subpart 2922.1 -- Basic Labor Policies
2922.101 Labor relations.
48 CFR 2922.101-3 Reporting labor disputes.
Potential or actual labor disputes that may interfere with contract
performance shall be reported by the contracting activity to the Office
of the Solicitor for legal advice or assistance.
48 CFR 2922.101-4 Removal of items from contractor facilities affected
by work stoppage.
Prior to initiating any action under FAR 22.101-4 for removal of
items from contractors' facilities, the contracting officer shall obtain
legal advice from the Office of the Solicitor.
2922.103 Overtime.
48 CFR 2922.103-4 Approvals.
The Head of the Contracting Activity is authorized to approve the use
of overtime in accordance with the limitations in FAR 22.103-4(a).
48 CFR 2922.103-4 Subpart 2922.6 -- Walsh-Healy Public Contracts Act
2922.604 Exemptions.
48 CFR 2922.604-2 Regulatory exemptions.
The Secretary of Labor may exempt contracts from the Walsh Healy
Public Contracts Act under FAR 22.604(c). A written finding justifying
the exemption (see FAR 22.604-2(c)) shall be submitted by the Head of
the Contracting Activity to the Director, Directorate of Procurement and
Grant Management, for further action.
2922.608 Procedures.
48 CFR 2922.608-4 Award pending final determination.
The contracting officer's certification for award under FAR
22.608-4(a) shall be approved by the Head of the Contracting Activity.
48 CFR 2922.608-4 Subpart 2922.8 -- Equal Employment Opportunity
48 CFR 2922.803 Responsibilities.
Matters involving the applicability of Executive Order 11246 and
implementing regulations of the Secretary of Labor to an acquisition or
a class of acquisitions shall be reduced to writing by the contracting
officer and forwarded through the Head of the Contracting Activity to
the Director, Directorate of Procurement and Grant Management, for
resolution.
2922.804 Affirmative action programs.
48 CFR 2922.804-2 Construction.
Heads of Contracting Activities are responsible for maintaining lists
of geographical areas subject to affirmative action requirements under
FAR 22.804-2. Lists of areas for which OFCCP has designated specific
affirmative action requirements are available through OFCCP. The list,
including updates or revisions, shall be distributed to all contract
offices which acquire construction.
48 CFR 2922.805 Procedures.
The contract office shall maintain ample supplies of the poster
(OFCCP-1420) entitled, ''Equal Opportunity is the Law'' for use as
required in FAR 22-805(b). The poster (stock number 7690-00-926-8988)
may be ordered from the nearest regional GSA Supply Depot.
48 CFR 2922.807 Exemptions.
(a) The Assistant Secretary for Administration and Management shall
make the determinations in FAR 22.807(a)(1).
(b) Requests for exemptions under FAR 22.807 (a)(1), (a)(2), and
(b)(5) shall be submitted in writing in accordance with FAR 22.807(c) by
the contracting officer, through the Head of the Contracting Activity,
to the Director, Directorate of Procurement and Grant Management, for
further action.
48 CFR 2922.807 Subpart 2922.13 -- Special Disabled and Vietnam Era Veterans
48 CFR 2922.1303 Waivers.
(a) The Assistant Secretary for Administration and Management is
authorized to (1) waive any or all terms of the clause at FAR 52.222-35,
Affirmative Action for Special Disabled and Vietnam Era Veterans, under
the conditions prescribed in FAR 22.1303(a) and (2) waive any
requirement in FAR subpart 22.13 as prescribed in FAR 22.1303(b).
(b) Requests for waivers under paragraph (a) of this section shall be
made in writing by the contracting officer and submitted through the
Head of the Contracting Activity to the Director, Directorate of
Procurement and Grant Management, for further action.
48 CFR 2922.1306 Complaint procedures.
The contracting office shall forward complaints received about the
Administration of the Vietnam Era Veterans Readjustment Assistance Act
of 1972 directly to the Assistant Secretary for Veteran's Employment
Service, DOL, as prescribed in FAR 22.1306.
48 CFR 2922.1306 Subpart 2922.14 -- Employment of the Handicapped
48 CFR 2922.1403 Waivers.
(a) The Assistant Secretary for Administration and Management is
authorized to (1) waive any or all of the terms of the clause at FAR
52.222-36, Affirmative Action for Handicapped Workers, under the
conditions prescribed in FAR 22.1403(a) and (2) waive any requirement in
FAR subpart 22.14 as prescribed in FAR 22.1403(b).
(b) Requests for waivers under paragraph (a) of this section, shall
be made in writing by the contracting officer and submitted through the
Head of the Contracting Activity to the Director, Directorate of
Procurement and Grant Management.
48 CFR 2922.1406 Complaint procedures.
The contracting office shall forward complaints received about
administration of section 503 of the Rehabilitation Act of 1973, as
amended, directly to the OFCCP as prescribed in FAR 22.1406.
48 CFR 2922.1406 PART 2923 -- ENVIRONMENT, CONSERVATION, AND OCCUPATIONAL SAFETY
48 CFR 2922.1406 Subpart 2923.1 -- Pollution Control and Clean Air and
Water
Sec.
2923.104 Exemptions.
2923.107 Compliance responsibilities.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8933, Mar. 5, 1985, unless otherwise noted.
48 CFR 2922.1406 Subpart 2923.1 -- Pollution Control and Clean Air and Water
48 CFR 2923.104 Exemptions.
(a) The Assistant Secretary for Administration and Management is
authorized to exempt controls from the requirements of FAR subpart 23.1
under the conditions in FAR 23.104(c).
(b) Requests for exemption shall be made in writing by the
contracting officer and forwarded through the Head of the Contracting
Activity to the Director, Directorate of Procurement and Grant
Management, for further action.
48 CFR 2923.107 Compliance responsibilities.
Conditions involving noncompliance with clean air or water standards
in facilities used in performing nonexempt contracts shall be reported
in writing by the contracting officer to the Head of the Contracting
Activity for transmittal directly to the EPA Administrator in accordance
with FAR 23.107. A copy of the report shall be promptly sent to the
Director, Directorate of Procurement and Grant Management.
48 CFR 2923.107 PART 2924 -- PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
48 CFR 2923.107 Subpart 2924.1 -- Protection of Individual Privacy
Sec.
2924.103 Procedures.
48 CFR 2923.107 Subpart 2924.2 -- Freedom of Information Act
2924.202 Policy.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8934, Mar. 5, 1985, unless otherwise noted.
48 CFR 2923.107 Subpart 2924.1 -- Protection of Individual Privacy
48 CFR 2924.103 Procedures.
See 29 CFR part 70a. -- Protection of Individual Privacy on Records,
for the DOL Regulations relating to the maintenance or disclosure of
information from systems of records on individuals.
48 CFR 2924.103 Subpart 2924.2 -- Freedom of Information Act
48 CFR 2924.202 Policy.
See 29 CFR part 70 -- Examination and Copying of Department of Labor
Records, for the DOL regulations implementing the Freedom of Information
Act.
48 CFR 2924.202 PART 2925 -- FOREIGN ACQUISITION
48 CFR 2924.202 Subpart 2925.1 -- Buy American Act -- Supplies
Sec.
2925.102 Policy.
2925.105 Evaluating offers.
2925.108 Excepted articles, materials, and supplies.
48 CFR 2924.202 Subpart 2925.2 -- Buy American Act -- Construction
Materials
2925.202 Policy.
2925.203 Evaluating offers.
2925.204 Violations.
48 CFR 2924.202 Subpart 2925.3 -- Balance of Payments Program
2925.302 Policy.
2925.304 Excess and non-excess foreign currencies.
48 CFR 2924.202 Subpart 2925.7 -- Restrictions on Certain Foreign
Purchases
2925.703 Exceptions.
48 CFR 2924.202 Subpart 2925.9 -- Omission of the Examination of Records
Clause
2925.903 Conditions for omission.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8934, Mar. 5, 1985, unless otherwise noted.
48 CFR 2924.202 Subpart 2925.1 -- Buy American Act -- Supplies
48 CFR 2925.102 Policy.
(a) The Assistant Secretary for Administration and Management shall
make the determinations prescribed in FAR 25.102 (a)(2) and (a)(3).
(b) The Director, Directorate of Procurement and Grant Management,
shall make the determination prescribed in FAR 25.102(a)(4) in
accordance with the procedures in 2925.108.
(c) Determinations under paragraph (a) of this section shall be
prepared by the contracting officer and submitted by the Head of the
Contracting Activity to the Director, Directorate of Procurement and
Grant Management, for further action.
48 CFR 2925.105 Evaluating offers.
(a) In unusual circumstances, the Assistant Secretary for
Administration and Management may determine to use evaluation
differentials other than those prescribed in FAR 25.105 for a particular
acquisition.
(b) Requests for use of other evaluation differentials shall be
directed by the Head of the Contracting Activity to the Director,
Directorate of Procurement and Grant Management for further action.
48 CFR 2925.108 Excepted articles, materials, and supplies.
(a) Determinations for additional articles, materials, and supplies
not included in the list under FAR 25.108(d) shall be made by the
Director, Directorate of Procurement and Grant Management.
(b) Determinations shall be prepared by the contracting officer and
submitted by the Head of the Contracting Activity for approval.
(c) Contracting activities which have information justifying the
removal of an item from the list under FAR 25.108(d) shall submit such
information to the Director, Directorate of Procurement and Grant
Management, for further disposition as prescribed in FAR 25.108(c).
48 CFR 2925.108 Subpart 2925.2 -- Buy American Act -- Construction Materials
48 CFR 2925.202 Policy.
(a) The Assistant Secretary for Administration and Management shall
make the determinations prescribed in FAR 25.202(a)(2) and 2925.203.
(b) The Director, Directorate of Procurement and Grant Management,
shall make the determination prescribed in FAR 25.202(a)(3) in
accordance with the procedures in 2925.108.
(c) Determinations under paragraph (a) of this section shall be
prepared by the contracting officer and submitted by the Head of the
Contracting Activity to the Director, Directorate of Procurement and
Grant Management, for further action.
48 CFR 2925.203 Evaluating offers.
Unless the Assistant Secretary for Administration and Management
determines otherwise, when the cost of a comparable domestic
construction material exceeds by more than 6 percent for large business
or 12 percent for small business or labor surplus area set-aside the
cost of a foreign construction material proposed in an offer, use of the
domestic construction material would unreasonably increase the cost of
the contract and use of the foreign construction material is authorized
and acceptable. This evaluation shall be made for each foreign
construction material proposed in an offer and not specifically excepted
by the solicitation. The cost of construction material shall be
computed to include all delivery costs to the construction site, and the
cost of foreign construction material shall also include any applicable
duty (whether or not a duty-free entry certificate may be issued). The
acceptable offer that remains low after adding (for evaluation purposes
only) 6 percent or 12 percent, as applicable, of the cost of all foreign
construction materials shall be considered the successful offer. The
contract awarded under these circumstances shall contain a list of the
authorized foreign construction materials as required by FAR 25.202(c)
and the clause at FAR 52.225-5, Buy American Act -- Construction
Materials.
48 CFR 2925.204 Violations.
Failure of the contractor to comply with the clause at FAR 52.225-5,
Buy American Act -- Construction Materials, shall be documented in a
report by the contracting officer and submitted to the Head of the
Contracting Activity for initiation of debarment action in accordance
with subpart 2909.4.
48 CFR 2925.204 Subpart 2925.3 -- Balance of Payments Program
48 CFR 2925.302 Policy.
(a) The Director, Directorate of Procurement and Grant Management,
shall make the determination prescribed in FAR 25.302(b)(3) and
25.304(c). Differentials greater than 50 percent may be authorized as
prescribed in FAR 25.302(c).
(b) Determinations under paragraph (a) of this section shall be
prepared by the contracting officer and submitted by the Head of the
Contracting Activity to the Director, Directorate of Procurement and
Grant Management, for further action.
48 CFR 2925.304 Excess and non-excess foreign currencies.
The Director, Directorate of Procurement and Grant Management, shall
consult with the Office of Management and Budget as required in FAR
25.304(c) prior to making the determination in 2925.302(a).
48 CFR 2925.304 Subpart 2925.7 -- Restrictions on Certain Foreign Purchases
48 CFR 2925.703 Exceptions.
(a) The Assistant Secretary for Administration and Management is
authorized to approve exceptions, as prescribed in FAR 25.703, for all
contracts other than small purchases.
(b) Determinations under paragraph (a) of this section shall be
prepared by the contracting officer and submitted by the Head of the
Contracting Activity to the Director, Directorate of Procurement and
Grant Management, for further action.
48 CFR 2925.703 Subpart 2925.9 -- Omission of the Examination of Records Clause
48 CFR 2925.903 Conditions for omission.
(a) The Assistant Secretary for Administration and Management shall
make the determination prescribed in FAR 25.903 (a)(1) and (a)(2).
(b) Determinations under paragraph (a) of this section shall be
prepared by the contracting officer in accordance with the requirements
of FAR 25.904 and submitted by the Head of the Contracting Activity to
the Director, Directorate of Procurement and Grant Management, for
further action.
(c) The report required by FAR 25.903(b) shall be prepared and
forwarded by the Directorate of Procurement and Grant Management.
48 CFR 2925.903 SUBCHAPTER E -- GENERAL CONTRACTING REQUIREMENTS
48 CFR 2925.903 PART 2928 -- BONDS AND INSURANCE
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8935, Mar. 5, 1985, unless otherwise noted.
48 CFR 2925.903 Subpart 2928.2 -- Sureties
48 CFR 2928.203 Options in lieu of sureties.
Upon receipt of any of the types of securities listed in FAR 28.203-1
(except bonds or notes received in the District of Columbia) or FAR
28.203-2, the contracting officer shall turn the securities over to the
finance office.
48 CFR 2928.203 PART 2929 -- TAXES
48 CFR 2928.203 Subpart 2929.1 -- General
Sec.
2929.101 Resolving tax problems.
48 CFR 2928.203 Subpart 2929.3 -- State and Local Taxes
2929.303 Applications of State and local taxes to Government
contractors and subcontractors.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8935, Mar. 5, 1985, unless otherwise noted.
48 CFR 2928.203 Subpart 2929.1 -- General
48 CFR 2929.101 Resolving tax problems.
Contract tax problems or questions shall be referred by the
contracting officer to the Office of the Solicitor for resolution.
48 CFR 2929.101 Subpart 2929.3 -- State and Local Taxes
48 CFR 2929.303 Applications of State and local taxes to Government
contractors and subcontractors.
(a) Contractors to be treated as agents of the Government for the
purposes set forth in FAR 29.303(a) shall require the written review and
approval of the Assistant Secretary for Administration and Management.
(b) Requests for approval under paragraph (a) of this section shall
be submitted by the Head of the Contracting Activity, through the Office
of the Solicitor, to the Director, Directorate of Procurement and Grant
Management, for further action.
48 CFR 2929.303 PART 2930 -- COST ACCOUNTING STANDARDS
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8935, Mar. 5, 1985, unless otherwise noted.
48 CFR 2929.303 Subpart 2930.3 -- CAS Contract Requirements
48 CFR 2930.304 Waiver.
(a) The Director, Directorate of Procurement and Grant Management, is
authorized to waive CASB requirements as provided in FAR 30.304(c).
(b) Requests for waivers under paragraph (a) of this section shall be
prepared by the contracting officer as prescribed in FAR 30.304(a) and
submitted by the Head of the Contracting Activity.
48 CFR 2930.304 PART 2931 -- CONTRACT COST PRINCIPLES AND PROCEDURES
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8935, Mar. 5, 1985, unless otherwise noted.
48 CFR 2930.304 Subpart 2931.1 -- Applicabililty
48 CFR 2931.101 Objectives.
Individual and class deviations concerning cost principles in FAR
part 31 shall be processed as prescribed in subpart 2901.4.
48 CFR 2931.101 PART 2932 -- CONTRACT FINANCING
48 CFR 2931.101 Subpart 2932.1 -- General
Sec.
2932.102 Description of contract financing methods.
48 CFR 2931.101 Subpart 2932.4 -- Advance Payments
2932.402 General.
48 CFR 2931.101 Subpart 2932.5 -- Progress Payments Based on Costs
2932.502 Preaward matters.
2932.502-2 Contract finance office clearance.
48 CFR 2931.101 Subpart 2932.6 -- Contract Debts
2932.605 Responsibilities and cooperation among Government officials.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8935, Mar. 5, 1985, unless otherwise noted.
48 CFR 2931.101 Subpart 2932.1 -- General
48 CFR 2932.102 Description of contract financing methods.
(a) Progress payments based on a percentage or stage of completion
accomplished are authorized for use in contracts for construction,
alteration, or repair.
(b) The Head of the Contracting Activity, or designee, is authorized
to approve the use of progress payments based on percentage or stage of
completion accomplished for contracts other than those listed in
paragraph (a) of this section.
(c) Requests for approval under paragraph (b) of this section, shall
be in the form of a written determination by the contracting officer
that:
(1) Use of progress payments based on costs (see FAR subpart 32.5) is
impracticable; and
(2) Adequate measures exist for determining percentage or stage of
completion as a basis for determining payment.
48 CFR 2932.102 Subpart 2932.4 -- Advance Payments
48 CFR 2932.402 General.
(a) The Director, Directorate of Procurement and Grant Management, is
authorized to approve findings and determinations and contract terms for
advance payments as prescribed in FAR subpart 32.4.
(b) The contracting officer shall review and analyze the contractor's
application for advance payments to determine if it meets the
information requirements of FAR 32.408. Applications which do not
contain the required information shall not be processed until such
information is obtained from the contractor.
(c) The contracting officer shall submit a recommendation for
approval or disapproval of the contractor's request through the Head of
the Servicing Finance Office (see FAR 32.402(e)(2)) to the Head of the
Contracting Activity for transmittal to the Director, Directorate of
Procurement and Grant Management, under paragraph (a) of this section.
Recommendations which do not contain the information required by FAR
32.409-1 or FAR 32.409-2 will not be processed by the Directorate of
Procurement and Grant Management.
48 CFR 2932.402 Subpart 2932.5 -- Progress Payments Based on Costs
2932.502 Preaward matters.
48 CFR 2932.502-2 Contract finance office clearance.
(a) The contracting officer shall obtain the approval of the Head of
the Contracting Activity before providing a progress payment rate higher
than the customary rates prescribed in FAR 32.501-1.
(b) For deviations to progress payment terms prescribed under FAR
part 32, the contracting officer shall obtain approval as prescribed in
2901.403.
(c) The contracting officer shall obtain the approval of the
servicing finance office for the contract before taking the action in
FAR 32.502-2.
48 CFR 2932.502-2 Subpart 2932.6 -- Contract Debts
48 CFR 2932.605 Responsibilities and cooperation among Government
officials.
(a) The DOL contracting officer has primary responsibility for
determining the amount of contract debt and notifying the cognizant
finance office of such debt due the Government. The servicing DOL
finance office making payments under the contract has primary
responsibility for debt collection.
(b) Each DOL Agency/Office is responsible for developing an internal
debt collection system and prescribing internal procedures for
collection of debts, including contract debts covered under FAR subpart
32.6. Agency/Office procedures should be in conformance with policies
and procedures issued by DOL.
48 CFR 2932.605 PART 2933 -- PROTESTS, DISPUTES, AND APPEALS
48 CFR 2932.605 Subpart 2933.1 -- Protests
Sec.
2933.102 General.
2933.103 Protests to the DOL Agency.
2933.104 Protests to the GAO.
2933.105 Protests to the General Services Administration Board of
Contract Appeals.
48 CFR 2932.605 Subpart 2933.2 -- Disputes and Appeals
2933.203 Applicability.
2933.203-70 Department of Labor Board of Contract Appeals.
2933.209 Suspected fraudulent claims.
2933.211 Contracting officer's decision.
2933.212 Contracting officer's duties upon appeal.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
48 CFR 2932.605 Subpart 2933.1 -- Protests
Source: 51 FR 40375, Nov. 6, 1986, and 53 FR 3839, Feb. 9, 1988,
unless otherwise noted.
48 CFR 2933.102 General.
The Director, Office of Procurement and Grant Policy, Directorate of
Procurement and Grant Management, shall be responsible for coordinating
bid protests filed with the General Accounting Office (GAO). All
communications relative to protests filed with GAO or GSBCA shall be
coordinated with the Director, Office of Procurement and Grant Policy.
Bid protests concerning automatic data processing (ADP) acquisitions
filed with the General Services Administration Board of Contract Appeals
(GSBCA) shall be coordinated by the contracting officer.
48 CFR 2933.103 Protests to the DOL Agency.
When protests are filed with a DOL Agency and received before award,
the contracting office shall obtain the advice of the Director, Office
of Procurement and Grant Policy, before making the determination under
FAR 33.103(a).
48 CFR 2933.104 Protests to the GAO.
(a) Notice of protest. Upon being advised telephonically by GAO or
the receipt of a protest before or after award, the Office of
Procurement and Grant Policy shall inform the appropriate contracting
officer and request preparation of the protest report required by FAR
33.104(a)(2). For GAO protests concerning ADP acquisitions, the Office
of Procurement and Grant Policy shall also inform the Director,
Directorate of Information Resources Management, who, in turn, shall
notify the appropriate DOL Agency Information Resources Management (IRM)
contact. As required by FAR 33.104(a)(3) and 4 CFR 21.3, the
contracting officer shall promptly notify all interested parties,
including offerors (or the contractor, if the protest is after award)
involved in or affected by the protest, that a protest has been filed
with GAO and the basis for the protest. A written record of such
notification shall be placed in the contract file. After receiving a
copy of the protest from GAO and its request for an administrative
report, the Office of Procurement and Grant Policy will promptly furnish
the same to the contracting officer. The contracting officer shall
promptly transmit by letter a copy of the protest to all interested
parties previously notified and include a statement requiring furnishing
of views and information directly to GAO. Copies of cover letters shall
be sent to the Director, Office of Procurement and Grant Policy. Cover
letters shall set forth a specified period of time for submission of
comments (see FAR 33.104(a)(3)) and include instructions that any
comments submitted to GAO should also be submitted simulaneously to the
contracting officer and the Director, Office of Procurement and Grant
Policy. Materials submitted by the protester may be withheld from
interested parties in accordance with 4 CFR 21.3(b).
(b) Submission of report. (1) All personnel shall handle protests on
a priority basis. Within 25 work days after receipt by the Office of
Procurement and Grant Policy of GAO's telephonic notice of the protest,
or within 10 work days after receipt from GAO of a determination to use
the express option, a complete report shall be submitted to GAO (see FAR
33.104(a)(2)). If the specific circumstances of the protest require a
longer period, the head of the contracting activity shall immediately
notify the Office of Procurement and Grant policy which shall request,
in writing, an extension of the time period in accordance with 4 CFR
21.3(d).
(2) In addition to the requirements of FAR 33.104(a)(2), the report
responsive to the protest shall be appropriately titled and dated;
shall cite the GAO file number; and shall be signed by the contracting
officer or the contracting officer's representative. Reports shall be
prepared with the assistance of the Office of the Solicitor of Labor.
If appropriate, the report shall contain a statement regarding any
urgency for the acquisition and the extent to which a delay in award may
result in significant performance difficulties or additional expense to
the Government. If award is not urgent, a statement shall be included
giving an estimate of the length of time an award may be delayed without
significant expense or difficulty in performance. The head of the
contracting activity shall submit an original and one copy of the
contracting officer's report to the Director, Office of Procurement and
Grant Policy, with a forwarding letter to GAO signed by the Assistant
Secretary for Administration and Management. When the letter and report
are dated and transmitted to GAO, the Director, Office of Procurement
and Grant Policy, will inform the contracting officer. The contracting
officer will then distribute copies of the report to all interested
parties.
(c) Notice to GAO. The Assistant Secretary for Administration and
Management shall submit the report required by FAR 33.104(f). The report
shall be submitted to the Comptroller General through the Director,
Office of Procurement and Grant Policy, and the Director, Directorate of
Procurement and Grant Managemnent. For decisions concerning ADP
acquisitions, the report shall also be submitted through the Director,
Directorate of Information Resources Management.
48 CFR 2933.105 Protests to General Services Administration Board of
Contract Appeals.
(a) Notice of protest. Immediately upon receipt of a copy of a
protest to the General Services Administration Board of Contract Appeals
(GSBCA), the contracting officer shall inform the Office of Procurement
and Grant Policy, the Directorate of Information Resources Management,
and the Office of the Solicitor of Labor. The contracting officer
shall, within 1 work day after receipt of a copy of the protest, provide
oral or written notice to all parties required to be notified by FAR
33.105(a)(2) and shall provide the GSBCA with a written list of all such
parties to whom notice was provided within 5 work days after receipt of
a copy of the protest. A copy of all notifications to interested
parties and related correspondence with GSBCA shall be maintained in the
contract file and a copy of the list of interested parties notified
shall be provided to the Office of Procurement and Grant Policy
simultaneously with submission to the GSBCA.
(b) Submission of protest file. An original and one copy of a
protest file (see FAR 33.105(b)) plus one copy for each interested party
which has a notice of intervention or a motion to intervene in
accordance with the requirements of Rule 5(a)(3) of GSBCA Rules of
Procedure (48 CFR 6101.5(a)(3)) shall be prepared by the contracting
officer. The protest file shall be organized to comply with the
requirements of Rule 4(b) of the GSBCA Rules of Procedure (48 CFR
6101.4(b)). The contracting officer shall submit the file to the GSBCA
within 10 work days after filing of the protest and shall also send
copies to the Director, Office of Procurement and Grant Policy, and to
each interested party.
(c) Hearings. The Solicitor of Labor, or the Solicitor's
representative, is responsible for representing the contracting officer
at all stages of proceedings on suspension of the agency's delegation of
procurement authority (see FAR 33.105(d)), at all stages of proceedings
on the merits of the protest (see FAR 33.105(e)), and with respect to
any other proceedings which may be heard by the GSBCA. The head of the
contracting activity shall be responsible for executing the
determination required by FAR 33.105(d)(1). The Office of the Solicitor
shall notify the contracting officer and the Directorate of Information
Resources Management of the results of such proceedings, including any
hearing.
48 CFR 2933.105 Subpart 2933.2 -- Disputes and Appeals
Source: 50 FR 8936, Mar. 5, 1985, unless otherwise noted.
Redesignated at 51 FR 40375, Nov. 6, 1986, and 53 FR 3839, Feb. 9,
1988.
48 CFR 2933.203 Applicability.
(a) The Assistant Secretary for Administration and Management shall
make the determination prescribed under FAR 33.203(b).
(b) Determinations under paragraph (a) of this section shall be
submitted by the Head of the Contracting Activity to the Director,
Directorate of Procurement and Grant Management, for further action.
(50 FR 8936, Mar. 5, 1985. Redesignated and amended at 51 FR 40375,
Nov. 6, 1986; 53 FR 3839, Feb. 9, 1988)
48 CFR 2933.203-70 Department of Labor Board of Contract Appeals.
(a) The Department of Labor Board of Contract Appeals (LBCA) is
authorized by the Secretary to consider and determine appeals from
decisions of contracting officers arising under a contract or relating
to a contract made by the Department or any other executive agency when
such agency or the Administrator of the Office of Federal Procurement
Policy has designated the LBCA to decide the appeal.
(b) The address of the LBCA is 1111 20th Street, NW., Washington, DC
20036.
(c) The LBCA rules of procedure are contained in 41 CFR part 29-60.
48 CFR 2933.209 Suspected fraudulent claims.
The contracting officer shall refer all matters relating to suspected
fraudulent claims by a contractor under the conditions in FAR 33.009 to
the Office of the Inspector General for further action or investigation.
48 CFR 2933.211 Contracting officer's decision.
The written decision required by FAR 33.211(a)(4) shall include, in
the paragraph listed under FAR 33.211(a)(4)(v), specific reference to
the Department of Labor Board of Contract Appeals (LBCA), 1111 20th
Street, NW., Washington, DC 20036, and its procedures under 41 CFR part
29-60. The LBCA optional small claims (expedited) procedures and
accelerated procedures under 41 CFR 29-60.211 shall also be referenced
as required by FAR.
(50 FR 8936, Mar. 5, 1985. Redesignated and amended at 51 FR 40375,
Nov. 6, 1986; 53 FR 3839, Feb. 9, 1988)
48 CFR 2933.212 Contracting officer's duties upon appeal.
(a) When a notice of appeal has been received, the contracting
officer shall endorse on the appeal the date of mailing (or the date of
receipt if the notice was not mailed) and forward it to the LBCA by
certified mail within five (5) days of receipt. The Solicitor of Labor
shall also be notified of the appeal by the contracting officer. See 41
CFR 29-60.203.
(b) The contracting officer shall prepare and transmit the data,
documentation, and information required by 41 CFR 29-60.205 in the form
of an appeal file and appellant or appellants counsel within 30 days
after receipt of a notice of appeal or advice that an appeal has been
docketed by the LBCA.
48 CFR 2933.212 SUBCHAPTER F -- SPECIAL CATEGORIES OF CONTRACTING
48 CFR 2933.212 PART 2935 -- RESEARCH AND DEVELOPMENT CONTRACTING
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
48 CFR 2935.015 Contracts for research with educational institutions and
nonprofit organizations.
(a) Heads of contracting activities shall furnish to the Director,
Directorate of Procurement and Grant Management, copies of basic
agreements pertaining to R&D with educational institutions and nonprofit
organizations in accordance with 2916.702.
(b) The Director, Directorate of Procurement and Grant Management,
shall furnish the list required under FAR 35.015(b)(3) to the FAR
Secretariat.
(50 FR 8936, Mar. 5, 1985)
48 CFR 2935.015 PART 2936 -- CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
48 CFR 2935.015 Subpart 2936.2 -- Special Aspects of Contracting for
Construction
Sec.
2936.201 Evaluation of contractor performance.
2936.202 Specifications.
2936.209 Construction contracts with architect-engineer firms.
48 CFR 2935.015 Subpart 2936.5 -- Contract Clauses
2936.516 Quantity surveys.
48 CFR 2935.015 Subpart 2936.6 -- Architect-Engineer Services
2936.602 Selection of firms for architect-engineer contracts.
2936.602-1 Selection criteria.
2936.602-2 Evaluation boards.
2936.602-3 Evaluation based functions.
2936.602-4 Selection authority.
2936.602-5 Short selection processes for contracts not to exceed
$10,000.
2936.603 Collecting data on and appraising firms' qualifications.
2936.604 Performance evaluation.
2936.606 Negotiations.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8936, Mar. 5, 1985, unless otherwise noted.
48 CFR 2935.015 Subpart 2936.2 -- Special Aspects of Contracting for Construction
48 CFR 2936.201 Evaluation of contractor performance.
(a) The Head of the Contracting Activity shall establish procedures
to evaluate construction contractor performance and prepare performance
reports as required by FAR 36.201. Normally, the performance report
shall be prepared by the contracting officer's authorized representative
or other official who was responsible for monitoring contract
performance and who is qualified to evaluate overall performance. DOL
Agency/Office procedures shall prescribe instructions for review of the
report, prior to distribution, as prescribed in FAR 36.201(b).
(b) Performance reports shall be made using Standard Form 1420,
Performance Evaluation (Construction), as prescribed in FAR 36.701(e).
Details concerning unsatisfactory performance including Government
notification to the contractor as required by FAR 36.201(a)(3), and
written comments by the contractor, shall also be included in the
report.
(c) Performance reports shall be distributed to the Heads of
Contracting Activities or designee for filing and other points required
by DOL Agency/Office procedures. Copies of all reports shall also be
promptly forwarded to the Director, Office of Procurement and Grant
Policy, Directorate of Procurement and Grant Management, for central
filing. All reports shall be retained for six years after the date of
the report by the Office of Procurement and Grant Policy.
(d) Before making a determination of prospective contractor
responsibility, the contracting officer may contact the Office of
Procurement and Grant Policy, Directorate of Procurement and Grant
Management, for information regarding performance evaluation reports on
file, unless other procedures are prescribed in DOL Agency/Office
instructions.
48 CFR 2936.202 Specifications.
When ''brand name or equal'' product descriptions are necessary, the
requirements of 2910.004-70 shall be followed.
48 CFR 2936.209 Construction contracts with architect-engineer firms.
(a) As required by FAR 36.209, no contract for construction of a
project shall be awarded to the firm that designed the project or its
subsidiaries or affiliates without the written approval of the Director,
Directorate of Procurement and Grant Management.
(b) Requests for approval under paragraph (a) of this section, shall
be made by the Head of the Contracting Activity, through the appropriate
Office of the Solicitor, to the Director, Directorate of Procurement and
Grant Management. The request shall include the reason(s) why award to
the design firm is required; an analysis of the facts involving
potential or actual organizational conflicts of interest including
benefits and detriments to the Government and the prospective
contractor; and the measures which are to be taken to avoid,
neutralize, or mitigate conflicts of interest.
48 CFR 2936.209 Subpart 2936.5 -- Contract Clauses
48 CFR 2936.516 Quantity surveys.
The Head of the Contracting Activity is authorized to make the
determination regarding the impracticability of Government performance
of original and final surveys as prescribed in FAR 36.516.
48 CFR 2936.516 Subpart 2936.6 -- Architect-Engineer Services
2936.602 Selection of firms for architect-engineer contracts.
48 CFR 2936.602-1 Selection criteria.
Heads of contracting activities are authorized to approve the use of
design competition under the conditions in FAR 36.602-1(b).
48 CFR 2936.602-2 Evaluation boards.
Heads of Contracting Activities shall establish procedures for
providing permanent or ad hoc architect-engineer evaluation boards as
prescribed in FAR 36.602-2. DOL Agency/Office procedures shall provide
for the appointment of private practitioners of architecture,
engineering, or related professions when such action is determined by
the Head of the Contracting Activity to be essential to meet the
Government's minimum needs.
48 CFR 2936.602-3 Evaluation based functions.
The selection report required in FAR 36.602-3(d) shall be prepared
for the approval of the Head of the Contracting Activity.
48 CFR 2936.602-4 Selection authority.
The Head of the Contracting Activity is authorized to serve as the
designated selection authority in accordance with FAR 36.602-4.
48 CFR 2936.602-5 Short selection processes for contracts not to exceed
$10,000.
The selection process prescribed in FAR 36.602-5(b) shall be used for
architect-engineer contracts not expected to exceed $10,000.
48 CFR 2936.603 Collecting data on and appraising firms' qualifications.
(a) Heads of Contracting Activities which acquire architect-engineer
services shall establish procedures to comply with the requirements of
FAR 36.603.
(b) Copies of procedures established under paragraph (a) of this
section shall be submitted to the Director, Directorate of Procurement
and Grant Management, for review and approval. These procedures shall
include a list of names, addresses, and telephone numbers of offices or
boards assigned to maintain architect-engineer qualification data files.
The list shall be updated annually and submitted to the Director,
Directorate of Procurement and Grant Management, no later than 30 days
after the beginning of each fiscal year.
48 CFR 2936.604 Performance evaluation.
(a) The Head of the Contracting Activity shall establish procedures
to evaluate architect-engineer contractor performance as required in FAR
36.604. Normally, the performance report shall be prepared by the
contracting officer's authorized representative or other official who
was responsible for monitoring contract performance and who is qualified
to evaluate overall performance. DOL Agency/Office procedures shall
prescribe instructions for review of the report, prior to distribution,
as prescribed in FAR 36.604(b).
(b) Performance reports shall be made using Standard Form 1421,
Performance Evaluation (Architect-Engineer) as prescribed in FAR
36.702(c). Details covering unsatisfactory performance including
Government notification to the contractor as required by FAR
36.604(a)(3) and written comments by the contractor shall also be
included in the report.
(c) Performance reports shall be distributed to the Head of
Contracting Activities for filing, distribution points in FAR 36.604(c),
and other points required by DOL Agency/Office procedures. Copies of
all reports shall also be promptly forwarded to the Director, Office of
Procurement and Grant Policy, Directorate of Procurement and Grant
Management, for central filing. All reports shall be retained by the
Office of Procurement and Grant Policy for six years after date of the
report.
(d) Evaluation boards or contracting offices may contact the Office
of Procurement and Grant Policy, Directorate of Procurement and Grant
Management, for information regarding performance evaluation reports on
file, unless other procedures are prescribed in DOL Agency/Office
instructions.
48 CFR 2936.606 Negotiations.
When a proposal is solicited from an architect-engineer firm selected
for negotiations, the contracting officer shall include in the request
for proposals a reference to 2936.209 of this title as required by FAR
36.606(c).
48 CFR 2936.606 PART 2937 -- SERVICE CONTRACTING
48 CFR 2936.606 Subpart 2937.1 -- Service Contracts -- General
Sec.
2937.103 Contracting officer responsibility.
48 CFR 2936.606 Subpart 2937.2 -- Consulting Services
2937.205 Management controls.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8938, Mar. 5, 1985, unless otherwise noted.
48 CFR 2936.606 Subpart 2937.1 -- Service Contracts -- General
48 CFR 2937.103 Contracting officer responsibility.
Personal services contracts (see FAR 37.104) are not authorized.
48 CFR 2937.103 Subpart 2937.2 -- Consulting Services
48 CFR 2937.205 Management controls.
(a) Heads of contracting activities having a requirement for
consulting or related services by either contract or purchase order to
be awarded without competition (regardless of dollar amount) and
competitive actions ($50,000 or more) are required to prepare a written
justification for such services. This written justification shall be
submitted to the Procurement Review Board (PRB) at least 60 days prior
to the proposed effective date of the contract. Generally, requests for
such services will be scheduled for review by the PRB within 21 working
days. Heads of Contracting Activities retain final approval authority
for all competitive acquisitions under $50,000. However, a copy of the
justification for competitive acquisitions under $50,000 must be
forwarded to the Assistant Secretary for Administration and Management
and the Inspector General within ten days of approval. Regardless of
the type of action planned, the justification shall include the
following:
(1) A statement of need which certifies that the requested services
do not unnecessarily duplicate any previously performed work.
(2) Nature and scope of the problem, the results expected, and the
manner in which the project will relate to an impact on the Contracting
Activity administration and/or program management.
(3) That the services described in the request are not prohibited by
OMB Circular A-120.
(4) Extent to which in-house staff availability was assessed, and the
reasons why procurement of outside services are necessary.
(5) Any additional information or data which support the requirement
for a contract.
(6) Name(s) and title(s) of official(s) who will be assigned as
project officer(s) to work with the contractor, and who can be contacted
for additional information.
(b) In accordance with FAR 37.205(b)(7), all purchase requests for
consulting services initiated in the fourth quarter of the fiscal year
must be submitted to the Procurement Review Board for action and
subsequent approval by the Assistant Secretary for Administration and
Management.
48 CFR 2937.205 SUBCHAPTER G -- CONTRACT MANAGEMENT
48 CFR 2937.205 PART 2942 -- CONTRACT ADMINISTRATION
48 CFR 2937.205 Subpart 2942.2 -- Assignment of Contract Administration
Sec.
2942.202 Assignment of contract administration.
2942.203 Retention of contract administration.
48 CFR 2937.205 Subpart 2942.6 -- Corporate Administrative Contracting
Officer
2942.602 Assignment and location.
48 CFR 2937.205 Subpart 2942.7 -- Indirect Cost Rates
2942.703 Policy.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8938, Mar. 5, 1985, unless otherwise noted.
48 CFR 2937.205 Subpart 2942.2 -- Assignment of Contract Administration
48 CFR 2942.202 Assignment of contract administration.
Unless otherwise prescribed in DOL Agency/Office procedures, the Head
of the Contracting Activity is authorized to make the decision on
withholding functions in FAR 42.202(b)(2).
48 CFR 2942.203 Retention of contract administration.
Unless otherwise prescribed in DOL Agency/Office procedures, the Head
of the Contracting Activity is authorized to perform the review in FAR
42.203(b).
48 CFR 2942.203 Subpart 2942.6 -- Corporate Administrative Contracting Officer
48 CFR 2942.602 Assignment and location.
The Head of the Contracting Activity is authorized to approve the
need for a corporate administrative contracting officer as prescribed in
FAR 42.602(a)(2).
48 CFR 2942.602 Subpart 2942.7 -- Indirect Cost Rates
48 CFR 2942.703 Policy.
The Office of Cost Determination, Directorate of Procurement and
Grant Management, is responsible for establishing billing rates and
indirect cost rates as prescribed in FAR subpart 42.7.
48 CFR 2942.703 PART 2943 -- CONTRACT MODIFICATIONS
48 CFR 2942.703 Subpart 2943.2 -- Change Orders
Sec.
2943.205 Contract clauses.
48 CFR 2942.703 Subpart 2943.3 -- Forms
2943.301 Use of forms.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
48 CFR 2942.703 Subpart 2943.2 -- Change Orders
48 CFR 2943.205 Contract clauses.
Heads of Contracting Activities may establish procedures, when
appropriate, for authorizing the contracting officer to vary the 30-day
period for submission of adjustment proposals to the clauses prescribed
by FAR 43.205 (a)(1), (b)(1), (c), and (d).
(50 FR 8938, Mar. 5, 1985)
48 CFR 2943.205 Subpart 2943.3 -- Forms
48 CFR 2943.301 Use of forms.
FAR 43.301(a)(1)(vi) requires the use of Standard Form 30 (SF-30) to
effect any obligation or deobligation of contract funds after award.
The SF-30 also shall be used to deobligate funds when effecting contract
closeout for a cost reimbursement contract when obligated funds exceed
the final contract costs. In such an instance, the SF-30 may be issued
as an administrative modification on a unilateral basis if the
contractor's financial release has been separately obtained. The
contracting officer shall include in any unilateral contract
modification issued for contract close-out a statement that the
contractor has signed a release of claims and indicate the date the
release of claims was signed by the contractor.
(51 FR 40376, Nov. 6, 1986, as amended at 53 FR 3839, Feb. 9, 1988)
48 CFR 2943.301 PART 2945 -- GOVERNMENT PROPERTY
48 CFR 2943.301 Subpart 2945.3 -- Providing Government Property to
Contractors
Sec.
2945.302 Providing facilities.
2945.302-1 Policy.
48 CFR 2943.301 Subpart 2945.4 -- Contractor Use and Rental of
Government Property
2945.403 Rental -- Use and Charges clause.
2945.405 Contracts with foreign governments or international
organizations.
2945.407 Non-Government use of plant equipment.
48 CFR 2943.301 Subpart 2945.6 -- Reporting, Redistribution, and
Disposal of Contractor Inventory
2945.608 Screening of contractor inventory.
2945.608-6 Waiver of screening requirements.
2945.610 Sale of surplus contractor inventory.
2945.610-2 Exemptions from sale by GSA.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8938, Mar. 5, 1985, unless otherwise noted.
48 CFR 2943.301 Subpart 2945.3 -- Providing Government Property to
Contractors
2945.302 Providing facilities.
48 CFR 2945.302-1 Policy.
The Head of the Contracting Activity is authorized to make the
determination for providing facilities to a contractor as prescribed in
FAR 45.302-1(a)(4).
48 CFR 2945.302-1 Subpart 2945.4 -- Contractor Use and Rental of Government Property
48 CFR 2945.403 Rental -- Use and Charges Clause.
The Head of the Contracting Activity is authorized to make the
determination for changing rent on the basis of use under the clause at
FAR 52.245-9 as prescribed in FAR 45.403(a).
48 CFR 2945.405 Contracts with foreign governments or international
organizations.
The Head of the Contracting Activity shall establish procedures, when
required, for processing requests of foreign governments or
international organizations to use Government property and for
recovering costs for such use (see FAR 45.405).
48 CFR 2945.407 Non-Government use of plant equipment.
(a) The Director, Directorate of Procurement and Grant Management, is
authorized to approve the non-Government use of plant equipment as
prescribed in FAR 45.407.
(b) Requests for approval under paragraph (a) of this section shall
be submitted by the Head of the Contracting Activity.
48 CFR 2945.407 Subpart 2945.6 -- Reporting, Redistribution, and
Disposal of Contractor Inventory
2945.608 Screening of contractor inventory.
48 CFR 2945.608-6 Waiver of screening requirements.
(a) The Director, Directorate of Procurement and Grant Management, is
authorized to waive screening requirements as prescribed in FAR
45.608-6.
(b) Requests for waiver shall be submitted by the Head of the
Contracting Activity.
2945.610 Sale of surplus contractor inventory.
48 CFR 2945.610-2 Exemptions from sale by GSA.
(a) The Assistant Secretary for Administration and Management is
authorized to seek exemptions from sale as prescribed in FAR 45.610-2.
(b) Requests for exemptions shall be submitted by the Head of the
Contracting Activity to the Director, Directorate of Procurement and
Grant Management, for further action.
48 CFR 2945.610-2 PART 2948 -- VALUE ENGINEERING
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8939, Mar. 5, 1985, unless otherwise noted.
48 CFR 2945.610-2 Subpart 2948.1 -- Policies and Procedures
48 CFR 2948.102 Policies.
(a) The Head of the Contracting Activity is authorized to make the
determination to extend the sharing base of a value engineering change
proposal (VECP) as prescribed in FAR 48.102(e).
(b) The Head of the Contracting activity is authorized to extend the
sharing base of a VECP to include the entire contracting activity or any
part of it (see FAR 48.102(e)).
(c) When the sharing base is extended under paragraph (a) or (b) of
this section, the contracting officer shall specify the base in the
contract schedule as required in FAR 48.104-1(a).
48 CFR 2948.102 PART 2949 -- TERMINATION OF CONTRACTS
48 CFR 2948.102 Subpart 2949.1 -- General Principles
Sec.
2949.106 Fraud or other criminal conduct.
2949.111 Review of proposed settlements.
2949.111-70 Settlement review boards.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8939, Mar. 5, 1985, unless otherwise noted.
48 CFR 2948.102 Subpart 2949.1 -- General Principles
48 CFR 2949.106 Fraud or other criminal conduct.
(a) Whenever fraud, such as falsified documents, false statements, or
other criminal conduct related to the settlement of a terminated
contract is suspected, the contracting officer shall discontinue
negotiations and prepare a report of the facts. The report shall be
submitted by the Head of the Contracting Activity to the Assistant
Inspector General for Investigations along with copies of documents or
other information connected with the suspected violation(s). A copy of
the report shall also be submitted to the Director, Directorate of
Procurement and Grant Management.
(b) Depending on the findings of the Assistant Inspector General for
Investigations, the Head of the Contracting Activity may initiate
suspension or debarment action as prescribed in FAR subpart 9.4 and
subpart 2909.4.
48 CFR 2949.111 Review of proposed settlements.
All proposed settlement agreements shall be reviewed by the Office of
the Solicitor and approved at a level higher than the contracting
officer in accordance with DOL Agency procedures. Settlement agreements
of $50,000 or more shall be approved by the Head of the Contracting
Activity.
48 CFR 2949.111-70 Settlement review boards.
(a) Heads of Contracting Activities shall establish settlement review
boards for the review of each termination settlement or determination of
amount due under the termination clause of a contract or approval or
ratification of a subcontract settlement when the action involves
$50,000 or more.
(b) Settlement review boards may be established for actions below
$50,000 when considered desirable by the Head of the Contracting
Activity or when specifically requested by the contracting officer.
48 CFR 2949.111-70 PART 2951 -- USE OF GOVERNMENT SOURCES BY CONTRACTORS
48 CFR 2949.111-70 Subpart 2951.1 -- Contractor Use of Government Supply
Sources
Sec.
2951.101 Policy.
2951.102 Authorization to use Government supply sources.
2951.102-70 Exclusive use on Government work.
48 CFR 2949.111-70 Subpart 2951.2 -- Contractor Use of Interagency Motor
Pool Vehicles
2951.201 Policy.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8939, Mar. 5, 1985, unless otherwise noted.
48 CFR 2949.111-70 Subpart 2951.1 -- Contractor Use of Government Supply Sources
48 CFR 2951.101 Policy.
It is DOL policy that cost-type contractors should meet their
requirements from Government sources of supply when these sources are
available to them, and if it is economically advantageous or otherwise
in the best interest of the Government.
48 CFR 2951.102 Authorization to use Government supply sources.
(a) The Head of the Contracting Activity may authorize cost-type
contractors and subcontractors, where all higher tier contracts and
subcontracts are cost-type, to use Government supply sources in
accordance with the requirements and procedures in FAR subpart 51. This
authority may be redelegated to the level of contracting officer.
(b) If the contracting officer decides to authorize a contractor to
use Government supply sources under the conditions prescribed in FAR
51.102, a written request for a FEDSTRIP activity address code (see FPMR
101-26.203) shall be made directly to the DOL Agency, Headquarters
Property Management Office.
48 CFR 2951.102-70 Exclusive use on Government work.
Materials, supplies, and equipment acquired from Government sources
of supply under the procedures described herein must be used exclusively
in connection with Government work, except as otherwise authorized by
the Head of the Contracting Activity.
48 CFR 2951.102-70 Subpart 2951.2 -- Contractor Use of Interagency Motor Pool Vehicles
48 CFR 2951.201 Policy.
If it is in the Government's interest, the contracting officer may
authorize cost-reimbursement contractors to obtain, for official
purposes only, as defined in FAR 51.201(a), interagency motor pool
vehicles and related services for short-term use under Federal Supply
Schedule Industrial Group 751.
48 CFR 2951.201 SUBCHAPTER H -- CLAUSE AND FORMS
48 CFR 2951.201 PART 2952 -- SOLICITATION PROVISIONS AND CONTRACT
CLAUSES
Sec.
2952.000 Scope of part.
48 CFR 2951.201 Subpart 2952.1 -- Instructions for Using Provisions and
Clauses
2952.102-1 Incorporation by reference.
2952.170 Deviations.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8940, Mar. 5, 1985, unless otherwise noted.
48 CFR 2952.000 Scope of part.
This part implements FAR part 52 which sets forth contract clauses
for use in connection with the acquisition of personal property and
nonpersonal services (including construction).
48 CFR 2952.000 Subpart 2952.1 -- Instructions for Using Provisions and Clauses
48 CFR 2952.102-1 Incorporation by reference.
(a) Preprinted standard general provisions sets will be maintained by
the Office of Procurement and Grant Policy, Directorate of Procurement
and Grant Management, and distributed to DOL contracting activities for
use during the initial FAR and DOLAR familiarization period.
Contracting activities will be responsible for inserting necessary
additions and alterations into individual contracts to ascertain that
the general provisions are current and appropriate to the circumstances
of the individual contract.
(b) At a later date, when the FAR general provisions are familiar to
both DOL personnel and the Department's contractors, the general
provisions will be incorporated by reference.
48 CFR 2952.170 Deviations.
(a) Individual or class deviations of provisions and clauses in FAR
part 52 shall be authorized by the Director, Directorate of Procurement
and Grant Management, as prescribed in subpart 2901.4.
(b) Any FAR provision or clause used with a deviation authorized in
accordance with paragraph (a) of this section shall be identified as
prescribed in FAR 52.103.
48 CFR 2952.170 PART 2953 -- FORMS
Sec.
2953.000 Scope of part.
48 CFR 2952.170 Subpart 2953.1 -- General
2953.103 Exceptions.
2953.108 Recommendations concerning forms.
2953.170 Forms for collection of information.
48 CFR 2952.170 Subpart 2953.2 -- Prescription of Forms
2953.200 Department of Labor forms.
48 CFR 2952.170 Subpart 2953.3 -- Illustration of Forms
2953.300 Scope of subpart.
2953.303 Agency forms.
2953.303-DL 1-1 Department of Labor. Form DL 1-1, Requisition for
Equipment, Supplies, or Services.
2953.303-DL 1-90 Department of Labor Form DL 1-90, Purchase Order.
2953.303-DL 1-194 Department of Labor Form DL 1-194, Certification
Prior to Acquisition of Filing Equipment.
2953.303-DL 1-2004 Department of Labor Form DL 1-2004, Small Business
Procurement Determination.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8940, Mar. 5, 1985, unless otherwise noted.
48 CFR 2953.000 Scope of part.
This part (a) prescribes Department of Labor (DL) forms for use in
acquisition, (b) illustrates these forms, and (c) contains procedures
for exceptions to forms prescribed in FAR part 53 or this part 2953.
48 CFR 2953.000 Subpart 2953.1 -- General
48 CFR 2953.103 Exceptions.
(a) Requests for exceptions to standard forms in FAR part 53 shall be
submitted, as prescribed in FAR 53.103, to the Director, Directorate of
Procurement and Grant Management, for further action.
(b) Requests for exceptions to Department of Labor (DL) forms in part
2953 shall be handled as deviations (see subpart 2901.4).
48 CFR 2953.108 Recommendations concerning forms.
Recommendations concerning forms (see FAR 53.108) shall be made as
prescribed in 2901.304(e).
48 CFR 2953.170 Forms for collection of information.
In accordance with the Paperwork Reduction Act of 1980 and 5 CFR part
1320, DOL Agencies/Offices imposing forms under contracts or
subcontracts requiring the collection of information on identical items
from 10 or more members of the public must obtain approval from the
Office of Management and Budget.
48 CFR 2953.170 Subpart 2953.2 -- Prescription of Forms
48 CFR 2953.200 Department of Labor forms.
This subpart prescribes Department of Labor (DL) forms for use in
acquisition. Consistent with the approach used in FAR subpart 53.2,
this subpart is arranged by subject matter, in the same order as, and
keyed to, the parts of the DOLAR in which the form usage requirements
are addressed.
48 CFR 2953.200 Subpart 2953.3 -- Illustrations of Forms
48 CFR 2953.300 Scope of subpart.
This subpart contains illustrations of Department of Labor (DL) forms
used in acquisition.
48 CFR 2953.303 Agency forms.
This section illustrates Department of Labor (DL) forms specified by
the DOLAR for use in acquisitions. The forms are illustrated in
numerical order. The subsection numbers correspond with the DL form
numbers.
48 CFR 2953.303-DL 1-1 Department of Labor Form DL 1-1, Requisition for
Equipment, Supplies, or Services.
Insert illus. 0100
48 CFR 2953.303-DL 1-90 Department of Labor Form DL 1-90, Purchase
Order.
Insert illus. 0102
48 CFR 2953.303-DL 1-90 PURCHASE ORDER TERMS AND CONDITIONS
152.252-2 CLAUSES INCORPORATED BY REFERENCE (Apr 1984). This
contract incorporates the following clauses by reference with the same
force and effect as if they were given in full text. Upon request the
Contracting Officer will make their full text available:
48 CFR 2953.303-DL 1-90 FEDERAL AQUISITION REGULATION (48 CFR CHAPTER 1)
CLAUSES
52.203-1 Officials Not to Benefit (Apr 1984)
52.203-3 Gratuities (Apr 1984)
52.203-4 Covenant Against Contingent Fees (Apr 1984)
52.212-9 Variation in Quantity (Apr 1984) (In the preceding clause
the permissible variations are stated in the schedule)
52.215-1 Examination of Records by the Comptroller General
52.219-13 Utilization of Women-Owned Small Businesses
52.222-3 Convict Labor (Apr 1984)
52.222-4 Contract Work Hours and Safety Standards Act -- Overtime
Compensation -- General (Apr 1984)
52.222-20 Walsh-Healey Public Contracts Act
52.222-26 Equal Opportunity (Apr 1984)
52.222-36 Affirmative Action for Handicapped Workers (Apr 1984)
52.222-40 Service Contract Act of 1965-Contracts of $2,500 or Less
(Apr 1984)
52.222-41 Service Contract Act of 1965 (Apr 1984)
52.225-3 Buy American Act -- Supplies (Apr 1984)
52.232-1 Payments (Apr 1984)
52.232-8 Discounts for Prompt Payment (Apr 1984) (With Alternate 1)
52.233-1 Disputes (Apr 1984)
52.243-1 Changes -- Fixed Price (Apr 1984)
52.249-1 Termination for Convenience of the Government (Fixed Price)
Short Form) (Apr 1984)
48 CFR 2953.303-DL 1-194 Department of Labor Form DL 1-194,
Certification Prior to Acquisition of Filing Equipment.
Insert illus. 0106
48 CFR 2953.303-DL 1-2004 Department of Labor Form DL 1-2004, Small
Business Procurement Determination.
Insert illus. 0108
48 CFR 2953.303-DL 1-2004 48 CFR Ch. 34 (10-1-92 Edition)
48 CFR 2953.303-DL 1-2004 Department of Education
48 CFR 2953.303-DL 1-2004 CHAPTER 34 -- DEPARTMENT OF EDUCATION ACQUISITION REGULATION
48 CFR 2953.303-DL 1-2004 (Parts 3401 to 3499)
48 CFR 2953.303-DL 1-2004 SUBCHAPTER A -- GENERAL
Part
Page
3401 ED Acquisition Regulation System
3402 Definitions of words and terms
3403 Improper business practices and personal conflicts of interest
3404 Administrative matters
3405 Publicizing contract actions
48 CFR 2953.303-DL 1-2004
48 CFR 2953.303-DL 1-2004 SUBCHAPTER B -- COMPETITION AND ACQUISITION
PLANNING
3408 Required sources of supplies and services
3409 Contractor qualifications
48 CFR 2953.303-DL 1-2004
48 CFR 2953.303-DL 1-2004 SUBCHAPTER C -- CONTRACTING METHODS AND
CONTRACT TYPES
3413 Small purchase and other simplified purchase procedures
3414 Sealed bidding
3415 Contracting by negotiation
3416 Types of contracts
3417 Special contracting methods
48 CFR 2953.303-DL 1-2004
48 CFR 2953.303-DL 1-2004 SUBCHAPTER D -- SOCIOECONOMIC PROGRAMS
3419 Small business and small disadvantaged business concerns
3424 Protection of Privacy and Freedom of Information
3425 Foreign acquisition
48 CFR 2953.303-DL 1-2004
48 CFR 2953.303-DL 1-2004 SUBCHAPTER E -- GENERAL CONTRACTING
REQUIREMENTS
3427 Patents, data, and copyrights
3428 Bonds and insurance
3432 Contract financing
3433 Protests, disputes, and appeals
48 CFR 2953.303-DL 1-2004
48 CFR 2953.303-DL 1-2004 SUBCHAPTER F -- SPECIAL CATEGORIES OF
CONTRACTING
3437 Service contracting
48 CFR 2953.303-DL 1-2004
48 CFR 2953.303-DL 1-2004 SUBCHAPTER G -- CONTRACT MANAGEMENT
3442 Contract administration
3443 Contract modifications
3445 Government property
3447 Transportation
48 CFR 2953.303-DL 1-2004
48 CFR 2953.303-DL 1-2004 SUBCHAPTER H -- CLAUSES AND FORMS
3452 Solicitation provisions and contract clauses
48 CFR 2953.303-DL 1-2004
48 CFR 2953.303-DL 1-2004 48 CFR Ch. 34 (10-1-92 Edition)
48 CFR 2953.303-DL 1-2004 Department of Education
48 CFR 2953.303-DL 1-2004 SUBCHAPTER A -- GENERAL
48 CFR 2953.303-DL 1-2004 PART 3401 -- ED ACQUISITION REGULATION SYSTEM
Sec.
3401.000 Scope of part.
48 CFR 2953.303-DL 1-2004 Subpart 3401.1 -- Purpose, Authority, Issuance
3401.103 Applicability.
3401.104 Issuance.
3401.104-2 Arrangement of regulations.
3401.104-3 Copies.
48 CFR 2953.303-DL 1-2004 Subpart 3401.3 -- Agency Acquisition
Regulations
3401.304 Agency control and compliance procedures.
48 CFR 2953.303-DL 1-2004 Subpart 3401.4 -- Deviations
3401.401 Definition.
3401.403 Individual deviations.
3401.404 Class deviations.
48 CFR 2953.303-DL 1-2004 Subpart 3401.5 -- Agency and Public
Participation
3401.501 Solicitation of agency and public views.
3401.501-2 Opportunity for public comments.
48 CFR 2953.303-DL 1-2004 Subpart 3401.6 -- Contracting Authority and
Responsibilities
3401.601 General.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 53 FR 19119, May 26, 1988, unless otherwise noted.
48 CFR 3401.000 Scope of part.
The Federal Acquisition Regulation System brings together, in title
48 of the Code of Federal Regulations, the acquisition regulations
applicable to all executive agencies of the Government. This part
establishes a system of Department of Education (ED) acquisition
regulations, referred to as the EDAR, for the codification and
publication of policies and procedures of ED which implement and
supplement the Federal Acquisition Regulation (FAR).
48 CFR 3401.000 Subpart 3401.1 -- Purpose, Authority, Issuance
48 CFR 3401.103 Applicability.
The FAR and the EDAR apply to all acquisitions as defined in FAR part
2 except where expressly excluded.
3401.104 Issuance.
48 CFR 3401.104-2 Arrangement of regulations.
The regulations in this chapter may be referred to as the Department
of Education Acquisition Regulation or the EDAR. References to the EDAR
are made in the same manner as references to the FAR (See FAR
1.104-2(c)).
48 CFR 3401.104-3 Copies.
Copies of the EDAR in the Federal Register and Code of Federal
Regulations (CFR) form may be purchased from the Superintendent of
Documents, Government Printing Office (GPO), Washington, DC 20402.
48 CFR 3401.104-3 Subpart 3401.3 -- Agency Acquisition Regulations
48 CFR 3401.304 Agency control and compliance procedures.
The EDAR is subject to the same review procedures within the
Department as other regulations of the Department.
48 CFR 3401.304 Subpart 3401.4 -- Deviations
48 CFR 3401.401 Definition.
A deviation from the EDAR has the same meaning as a deviation from
the FAR.
48 CFR 3401.403 Individual deviations.
An individual deviation from the FAR or the EDAR must be approved by
the Head of the Contracting Activity (HCA).
48 CFR 3401.404 Class deviations.
A class deviation from the FAR or the EDAR must be approved by the
Procurement Executive.
48 CFR 3401.404 Subpart 3401.5 -- Agency and Public Participation
3401.501 Soliciation of agency and public views.
48 CFR 3401.501-2 Opportunity for public comments.
Unless the Secretary of Education (Secretary) approves an exception,
the Department issues the EDAR, including any amendments to the EDAR, in
accordance with the procedures for public participation in 5 U.S.C. 553.
48 CFR 3401.501-2 Subpart 3401.6 -- Contracting Authority and Responsibilities
48 CFR 3401.601 General.
Contracting authority vests with the Secretary. The Secretary has
delegated this authority to the Deputy Under Secretary for Management
who has delegated this authority, with the right to redelegate, to the
Procurement Executive and the HCA.
48 CFR 3401.601 PART 3402 -- DEFINITIONS OF WORDS AND TERMS
48 CFR 3401.601 Subpart 3402.1 -- Definitions
Sec.
3402.101 Definitions.
48 CFR 3401.601 Subpart 3402.2 -- Definitions Clause
3402.201 Contract clause.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 53 FR 19119, May 26, 1988, unless otherwise noted.
48 CFR 3401.601 Subpart 3402.1 -- Definitions
48 CFR 3402.101 Definitions.
As used in this chapter --
Head of the Contracting Activity or HCA means the Director, Grants
and Contracts Service (GCS), Office of Management of the Department of
Education.
Procurement Executive means the Comptroller, Office of Management of
the Department of Education.
48 CFR 3402.101 Subpart 3402.2 -- Definitions Clause
48 CFR 3402.201 Contract clause.
The contracting officer shall insert the clause in 3452.202-1,
Definitions, in all solicitations and contracts in lieu of the clause in
FAR 52.202-1, except --
(a) A fixed-price research and development contract that is expected
to be $2,500 or less; or
(b) A purchase order.
48 CFR 3402.201 PART 3403 -- IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST
48 CFR 3402.201 Subpart 3403.1 -- Safeguards
Sec.
3403.101 Standards of conduct.
3403.101-3 Agency regulations.
48 CFR 3402.201 Subpart 3403.2 -- Contractor Gratuities To Government
Personnel
3403.203 Reporting suspected violations of the Gratuities clause.
48 CFR 3402.201 Subpart 3403.3 -- Reports of Suspected Antitrust
Violations
3403.301 General.
48 CFR 3402.201 Subpart 3403.4 -- Contingent Fees
3403.409 Misrepresentations or violations of the Covenant Against
Contingent Fees.
48 CFR 3402.201 Subpart 3403.6 -- Contracts with Government Employees or
Organizations Owned or Controlled by Them
3403.602 Exceptions.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c)
Source: 53 FR 19120, May 26, 1988, unless otherwise noted.
48 CFR 3402.201 Subpart 3403.1 -- Safeguards
3403.101 Standards of conduct.
48 CFR 3403.101-3 Agency regulations.
ED regulations on standards of conduct are in 34 CFR part 73.
48 CFR 3403.101-3 Subpart 3403.2 -- Contractor Gratuities to Government Personnel
48 CFR 3403.203 Reporting suspected violations of the Gratuities clause.
(a) Suspected violations of the Gratuities clause must be reported to
the HCA in writing detailing the circumstances.
(b) The HCA evaluates the report with the assistance of the
Designated Agency Ethics Officer. If the HCA determines that a
violation may have occurred, the HCA refers the report to the
Procurement Executive for disposition.
48 CFR 3403.203 Subpart 3403.3 -- Reports of Suspected Antitrust Violations
48 CFR 3403.301 General.
(a) (Reserved)
(b) Any Departmental personnel who have evidence of a suspected
antitrust violation in an acquisition shall --
(1) Report that evidence through the HCA to the Office of the General
Counsel for referral to the Attorney General; and
(2) Provide a copy of that evidence to the Procurement Executive.
48 CFR 3403.301 Subpart 3403.4 -- Contingent Fees
48 CFR 3403.409 Misrepresentations or violations of the Covenant Against
Contingent Fees.
Any Departmental personnel who suspect or have evidence of attempted
or actual exercise of improper influence, misrepresentation of a
contingent fee arrangement, or other violation of the Covenant Against
Contingent Fees, shall report the matter promptly in accordance with the
procedures in 3403.203.
48 CFR 3403.409 Subpart 3403.6 -- Contracts With Government Employees or Organizations Owned or Controlled by Them
48 CFR 3403.602 Exceptions.
Exceptions under FAR 3.602 must be approved by the Deputy Under
Secretary for Management.
48 CFR 3403.602 PART 3404 -- ADMINISTRATIVE MATTERS
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 53 FR 19120, May 26, 1988, unless otherwise noted.
48 CFR 3403.602 Subpart 3404.1 -- Contract Execution
48 CFR 3404.170 Ratification of unauthorized contract awards.
The execution of otherwise proper contracts made by individuals
without contracting authority, or by contracting officers acting in
excess of the limits of their delegated authority, may be later ratified
by the Department. To be effective, a ratification must be --
(a) A written document clearly stating that ratification of a
previously unauthorized act is intended; and
(b) Signed by the HCA, or higher level official of the Department,
who could have granted authority to enter into the commitment at the
time it was made and still has the power to do so.
48 CFR 3404.170 PART 3405 -- PUBLICIZING CONTRACT ACTIONS
48 CFR 3404.170 Subpart 3405.2 -- Synopses of Proposed Contract Actions
Sec.
3405.270 Notices to perform market surveys.
48 CFR 3404.170 Subpart 3405.5 -- Paid Advertisements
3405.502 Authority.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 53 FR 19120, May 26, 1988, unless otherwise noted.
48 CFR 3404.170 Subpart 3405.2 -- Synopses of Proposed Contract Actions
48 CFR 3405.270 Notices to perform market surveys.
(a) If a sole-source contract is anticipated, the issuance of a
notice of a proposed contract action that is detailed enough to permit
submission of meaningful responses and subsequent evaluation of the
responses by the Government, constitutes an acceptable market survey.
(b) The notice must include --
(1) A clear statement of the supplies or services to be procured;
(2) Any capabilities or experience required of a contractor and any
other factors relevant to those requirements; and
(3) The criteria, including relative weights, to be used in the
evaluation of responses.
48 CFR 3405.270 Subpart 3405.5 -- Paid Advertisements
48 CFR 3405.502 Authority.
Authority to approve publication of paid advertisements in newspapers
is delegated to the HCA.
48 CFR 3405.502 SUBCHAPTER B -- COMPETITION AND ACQUISITION PLANNING
48 CFR 3405.502 PART 3408 -- REQUIRED SOURCES OF SUPPLIES AND SERVICES
Authority: 5 U.S.C. 301, 40 U.S.C. 486(c).
Source: 53 FR 19120, May 26, 1988, unless otherwise noted.
48 CFR 3405.502 Subpart 3408.8 -- Acquisition of Printing and Related Supplies
48 CFR 3408.870 Printing clause.
The contracting officer shall insert the clause in 3452.208-70,
Printing, in all solicitations and contracts other than purchase orders.
48 CFR 3408.870 PART 3409 -- CONTRACTOR QUALIFICATIONS
48 CFR 3408.870 Subpart 3409.4 -- Debarment, Suspension, and
Ineligibility
3409.403 Definitions.
3409.406 Debarment.
3409.406-3 Procedures.
48 CFR 3408.870 Subpart 3409.5 -- Organizational Conflicts of Interest
3409.502 Applicability.
3409.503 Waiver.
3409.507 Procedures.
3409.570 Offeror certification provision.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 53 FR 19120, May 26, 1988, unless otherwise noted.
48 CFR 3408.870 Subpart 3409.4 -- Debarment, Suspension, and Ineligibility
48 CFR 3409.403 Definitions.
The Procurement Executive is designated as the ''debarring official''
and the ''suspension official'' as defined in FAR 9.403 and is
designated as the agency official authorized to make the decisions
required in FAR 9.405(a), 9.405-1, 9.405-2, 9.406-1(c), and 9.407-1(d).
3409.406 Debarment.
48 CFR 3409.406-3 Procedures.
The debarring official may enter into a settlement with a contractor
under which the contractor voluntarily excludes itself from, or
restricts its participation in, Government contracting and
subcontracting for a specified period.
48 CFR 3409.406-3 Subpart 3409.5 -- Organizational Conflicts of Interest
48 CFR 3409.502 Applicability.
This subpart applies to all ED contracts except contracts with other
Federal agencies. However, this subpart applies to contracts with the
Small Business Administration (SBA) under the 8(a) program.
48 CFR 3409.503 Waiver.
The HCA is designated as the official who may waive any general rule
or procedure of FAR subpart 9.5 or of this subpart.
48 CFR 3409.507 Procedures.
(a) If the effects of a potential or actual conflict of interest
cannot be avoided, neutralized, or mitigated before award, the
prospective contractor is not eligible for that award. If a potential
or actual conflict of interest is identified after award and the effects
cannot be avoided, neutralized, or mitigated, ED terminates the
contract.
(b) The Procurement Executive is designated as the official to
conduct reviews and make final decisions under FAR 9.507(c)(4).
48 CFR 3409.570 Offeror certification provision.
The contracting officer shall insert the provision in 3452.209-70,
Organizational Conflict of Interest, in all solicitations.
48 CFR 3409.570 SUBCHAPTER C -- CONTRACTING METHODS AND CONTRACT TYPES
48 CFR 3409.570 PART 3413 -- SMALL PURCHASE AND OTHER SIMPLIFIED
PURCHASE PROCEDURES
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 53 FR 19121, May 26, 1988, unless otherwise noted.
48 CFR 3409.570 Subpart 3413.1 -- General
48 CFR 3413.107 Solicitation and evaluation of quotations.
(a) -- (c) (Reserved)
(d) Information provided by ED. If ED provides information to a
potential quoter concerning a request for quotations, that information
must also be provided to all other potential quoters, by amending the
request, if --
(1) The information is necessary to quoters in submitting quotations;
or
(2) The lack of the information would be otherwise prejudicial to
other potential quoters.
(e) Late quotations. The procedures in FAR 15.412 must be used for
quotations received after the time specified for receipt at the
contracting activity, except that late quotations may be accepted if the
contracting officer determines in writing prior to the award that it is
in the best interest of the Government to do so.
48 CFR 3413.107 PART 3414 -- SEALED BIDDING
48 CFR 3413.107 Subpart 3414.4 -- Opening of Bids and Award of Contract
Sec.
3414.406 Mistakes in bids.
3414.406-3 Other mistakes disclosed before award.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 53 FR 19121, May 26, 1988, unless otherwise noted.
48 CFR 3413.107 Subpart 3414.4 -- Opening of Bids and Award of Contract
3414.406 Mistakes in bids.
48 CFR 3414.406-3 Other mistakes disclosed before award.
(a) -- (d) (Reserved)
(e) Authority is delegated to the HCA to make determinations under
FAR 14.406-3 (a) through (d).
48 CFR 3414.406-3 PART 3415 -- CONTRACTING BY NEGOTIATION
48 CFR 3414.406-3 Subpart 3415.4 -- Solicitation and Receipt of
Proposals and Quotations
Sec.
3415.406-3 Part II -- Contract clauses.
3415.407 Solicitation provisions.
3415.413-2 Alternate II.
48 CFR 3414.406-3 Subpart 3415.5 -- Unsolicited Proposals
3415.505 Content of unsolicited proposals.
3415.506 Agency procedures.
48 CFR 3414.406-3 Subpart 3415.9 -- Profit
3415.902 Policy.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 53 FR 19121, May 26, 1988, unless otherwise noted.
48 CFR 3414.406-3 Subpart 3415.4 -- Solicitation and Receipt of Proposals and Quotations
48 CFR 3415.406-3 Part II -- Contract clauses.
The contracting officer shall insert the clause in 3452.215-33, Order
of Precedence, in all contracts other than purchase orders. The
contracting officer shall use this clause in lieu of the clause in FAR
52.215-33.
48 CFR 3415.407 Solicitation provisions.
(a) The Freedom of Information Act (FOIA), 5 U.S.C. 552, may require
ED to release data contained in an offeror's proposal even if the
offeror has identified the data as restricted in accordance with the
provision in FAR 52.215-12. The solicitation provision in 3452.215-70,
Release of Restricted Data, informs offerors that ED is required to
consider release of restricted data under FOIA and Executive Order
12600.
(b) The contracting officer shall insert the provision in
3452.215-70, in all solicitations that include a reference to FAR
52.215-12, Restriction on Disclosure and Use of Data.
48 CFR 3415.413-2 Alternate II.
The Department uses the Alternate II procedures in FAR 15.413-2.
48 CFR 3415.413-2 Subpart 3415.5 -- Unsolicited Proposals
48 CFR 3415.505 Content of unsolicited proposals.
(a) -- (c) (Reserved)
(d) Each unsolicited proposal must contain the following
certification:
This is to certify, to the best of my knowledge and belief, that:
a. This proposal has not been prepared under Government supervision.
b. The methods and approaches stated in the proposal were developed
by this offeror.
c. Any contact with employees of the Department of Education has been
within the limits of appropriate advance guidance set forth in FAR
15.504.
d. No prior commitments were received from departmental employees
regarding acceptance of this proposal.
Date:
Organization:
Name:
Title:
(This certification must be signed by a responsible person authorized
to enter into contracts on behalf of the organization)
48 CFR 3415.506 Agency procedures.
(a) (Reserved)
(b)(1) The HCA is the contact point to coordinate the receipt and
handling of unsolicited proposals.
(2) Offerors shall direct unsolicited proposals to the HCA.
48 CFR 3415.506 Subpart 3415.9 -- Profit
48 CFR 3415.902 Policy.
(a) (Reserved)
(b) The contracting officer shall establish the profit or fee portion
of the Government prenegotiation objective in accordance with 48 CFR
chapter 3, part 315, subpart 315.9 (Department of Health and Human
Services Acquisition Regulation).
48 CFR 3415.902 PART 3416 -- TYPES OF CONTRACTS
48 CFR 3415.902 Subpart 3416.3 -- Cost-Reimbursement Contracts
Sec.
3416.303 Cost-sharing contracts.
3416.307 Contract clauses.
48 CFR 3415.902 Subpart 3416.6 -- Time-and-Materials, Labor-Hour, and
Letter Contracts
3416.603 Letter contracts.
3416.603-3 Limitations.
48 CFR 3415.902 Subpart 3416.7 -- Agreements
3416.701 Contract clause.
3416.702 Basic agreements.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 53 FR 19121, May 26, 1988, unless otherwise noted.
48 CFR 3415.902 Subpart 3416.3 -- Cost-Reimbursement Contracts
48 CFR 3416.303 Cost-sharing contracts.
(a) (Reserved)
(b) Application. Costs that are not reimbursed under a cost-sharing
contract may not be charged to the Government under any other grant,
contract, cooperative agreement, or other arrangement.
48 CFR 3416.307 Contract clauses.
(a) If the clause in FAR 52.216-7, Allowable cost and Payment, is
used in a contract with a hospital, the contracting officer shall modify
the clause by deleting the words ''subpart 31.2 of the Federal
Acquisition Regulation (FAR)'' from paragraph (a) and substituting ''34
CFR part 74, appendix E.''
(b) The contracting officer shall insert the clause in 3452.216-70,
Additional Cost Principles, in all solicitations of and resultant
cost-reimbursement contracts with nonprofit organizations other than
educational institutional, hospitals, or organizations listed in
Attachment C to Office of Management and Budget Circular A-122.
48 CFR 3416.307 Subpart 3416.6 -- Time-and Materials, Labor-Hour and
Letter Contracts
3416.603 Letter contracts.
48 CFR 3416.603-3 Limitations.
If the HCA is to sign a letter contract as the contracting officer,
the Procurement Executive executes the written determination under FAR
16.603-3.
48 CFR 3416.603-3 Subpart 3416.7 -- Agreements
48 CFR 3416.701 Contract clause.
The contracting officer shall insert the clause in 3452.216-71,
Negotiated Overhead Rates -- Fixed, in contracts with organizations that
have fixed indirect cost rates with carryforward adjustments approved by
the Government agency responsible for negotiating the organization's
indirect cost rates.
48 CFR 3416.702 Basic agreements.
(a) -- (d) (Reserved)
(e) Negotiated overhead rates. Basic agreements may include
negotiated overhead rates for cost-reimbursement contracts. If a
negotiated overhead rate is included, the bases to which the rate
applies and the period of applicability must also be stated. All
pertinent provisions such as final rates for past periods, provisional
rates for current or future periods, ceilings, and any specific items to
be treated as indirect costs must also be included.
48 CFR 3416.702 PART 3417 -- SPECIAL CONTRACTING METHODS
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 53 FR 19122, May 26, 1988, unless otherwise noted.
48 CFR 3416.702 Subpart 3417.2 -- Options
48 CFR 3417.207 Exercise of options.
If any provision in a contract requires that an option may only be
exercised within a specified time after funds become available, the same
provision must specify that the date on which funds are available means
the date funds become available to the contracting officer for
obligation.
48 CFR 3417.207 SUBCHAPTER D -- SOCIOECONOMIC PROGRAMS
48 CFR 3417.207 PART 3419 -- SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS
48 CFR 3417.207 Subpart 3419.7 -- Subcontracting With Small Business and
Small Disadvantaged Business Concerns
3419.705 Responsibilities of the contracting officer under the
subcontracting assistance program.
3419.705-2 Determining the need for a subcontracting plan.
3419.708 Solicitation provisions and contract clauses.
48 CFR 3417.207 Subpart 3419.8 -- Contracting With the Small Business
Administration (The 8(a) Program)
3419.801 General.
3419.870 Acquisition of technical requirements.
Authority: 5 U.S.C.; 40 U.S.C. 486(c).
Source: 53 FR 19122, May 26, 1988, unless otherwise noted.
48 CFR 3417.207 Subpart 3419.7 -- Subcontracting With Small Business and
Small Disadvantaged Business Concerns
3419.705 Responsibilities of the contracting officer under the
subcontracting assistance program.
48 CFR 3419.705-2 Determining the need for a subcontracting plan.
Incremental funding actions must be included in determining whether
an acquisition meets the dollar threshold requiring a subcontracting
plan.
48 CFR 3419.708 Solicitation provisions and contract clauses.
(a) (Reserved)
(b) If the clause ''Small Business and Small Disadvantaged Business
Subcontracting Plan'' (see FAR 52.219-9) must be used in a solicitation,
a notification must be included in the solicitation that advises
prospective offerors that subcontracting plans may be requested from all
concerns determined to be in the competitive range.
48 CFR 3419.708 Subpart 3419.8 -- Contracting With the Small Business Administration (The 8(a) Program)
48 CFR 3419.801 General.
The signing of a contract document by the Small Business
Administration (SBA) may be accepted by the contracting officer as the
certification under FAR 19.801(b)(1).
48 CFR 3419.870 Acquisition of technical requirements.
(a) Source selection. (1) Except where SBA selects a concern for an
award under section 8(a) or under the circumstances in paragraph (a)(5)
of this section, ED selects a nominee for an 8(a) award by SBA through a
limited technical competition if technical aspects, methodology, or
approach are of primary importance rather than price.
(2) If limited technical competition is used, the concerns to be
included are decided by the contracting officer in consultation with
OSDBU and the Contracting Officer's Technical Representative (COTR).
(3) (i) ED may require the concerns participating in the limited
technical competition to submit written technical proposals. Otherwise,
ED holds oral discussions with the participating concerns.
(ii) In a limited technical competition, cost factors may not be
included in the technical proposals nor considered during technical
discussions of the proposals.
(4) ED evaluates the concerns participating in a limited technical
competition based on the written technical proposals or oral
discussions. ED nominates, to SBA for subcontract award, the concern
that the contracting officer determines to have the best technical
capability to perform the contract requirements.
(5) Instead of selecting a nominee through limited technical
competition, ED may nominate one 8(a) concern to SBA if that concern has
exclusive or predominant capability among 8(a) concerns by reason of
experience, specialized facilities, or technical competence to perform
the work within the time required.
(6) Each concern nominated for a specific 8(a) requirement must be
approved by OSDBU or SBA for that particular requirement before the
contracting officer initiates negotiation of 8(a) award terms with the
concern.
(b) Negotiation of 8(a) award. The contracting officer shall give
all possible assistance required by SBA with respect to SBA's
negotiation of an 8(a) award.
(c) Delegated 8(a) award administration. If SBA delegates
responsibility to ED for administration of the 8(a) award, ED informs
SBA of all 8(a) award modifications, progress payments, problems
experienced by the subcontractor, and other pertinent matters requested
by SBA.
48 CFR 3419.870 PART 3424 -- PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
48 CFR 3419.870 Subpart 3424.1 -- Protection of Individual Privacy
Sec.
3424.103 Procedures.
48 CFR 3419.870 Subpart 3424.2 -- Freedom of Information Act
3424.201 Authority.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 53 FR 19123, May 26, 1988, unless otherwise noted.
48 CFR 3419.870 Subpart 3424.1 -- Protection of Individual Privacy
48 CFR 3424.103 Procedures.
(a) If the Privacy Act of 1974 applies to a contract, the contracting
officer shall specify in the contract the disposition to be made of the
system or systems of records upon completion of performance of the
contract. For example, the contract may require the contractor to
completely destroy the records, to remove personal identifiers, to turn
the records over to ED, or to keep the records but take certain measures
to keep the records confidential and protect the individuals' privacy.
(b) If a notice of the system of records has not been published in
the Federal Register, the contracting officer may proceed with the
acquisition but shall not award the contract until the notice is
published, unless the contracting officer determines, in writing, that
portions of the contract may proceed without maintaining information
subject to the Privacy Act. In this case, the contracting officer may
--
(1) Award the contract, authorizing performance only of those
portions not subject to the Privacy Act; and
(2) After the notice is published and effective, authorize
performance of the remainder of the contract.
48 CFR 3424.103 Subpart 3424.2 -- Freedom of Information Act
48 CFR 3424.201 Authority.
The Department's regulations implementing the Freedom of Informaiton
Act, 5 U.S.C. 552, are in 34 CFR part 5.
48 CFR 3424.201 PART 3425 -- FOREIGN ACQUISITION
48 CFR 3424.201 Subpart 3425.1 -- Buy American Act -- Supplies
Sec.
3425.102 Policy.
48 CFR 3424.201 Subpart 3425.3 -- Balance of Payments Program
3425.302 Policy.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 53 FR 19123, May 26, 1988, unless otherwise noted.
48 CFR 3424.201 Subpart 3425.1 -- Buy American Act -- Supplies
48 CFR 3425.102 Policy.
(a) (Reserved)
(b) The HCA approves determinations under FAR 25.120(a)(4).
48 CFR 3425.102 Subpart 3425.3 -- Balance of Payments Program
48 CFR 3425.302 Policy.
The HCA is designated to make all determinations under FAR 25.302.
This authority may not be redelegated.
48 CFR 3425.302 SUBCHAPTER E -- GENERAL CONTRACTING REQUIREMENTS
48 CFR 3425.302 PART 3427 -- PATENTS, DATA, AND COPYRIGHTS
48 CFR 3425.302 Subpart 3427.4 -- Rights in Data and Copyrights
Sec.
3427.470 Publication and publicity clause.
3427.471 Paperwork Reduction Act clause.
3427.472 Advertising of awards clause.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 53 FR 19123, May 26, 1988, unless otherwise noted.
48 CFR 3425.302 Subpart 3427.4 -- Rights in Data and Copyrights
48 CFR 3427.470 Publication and publicity clause.
The contracting officer shall insert the clause in 3452.227-70,
Publication and Publicity, in all solicitations and contracts other than
purchase orders.
48 CFR 3424.471 Paperwork Reduction Act clause.
The contracting officer shall insert the clause in 3452.227-71,
Paperwork Reduction Act, in all solicitations and contracts.
48 CFR 3427.472 Advertising of awards clause.
The contracting officer shall insert the clause in 3452.227-72,
Advertising of Awards, in all solicitations and contracts other than
purchase orders.
48 CFR 3427.472 PART 3428 -- BONDS AND INSURANCE
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 53 FR 19123, May 26, 1988, unless otherwise noted.
48 CFR 3427.472 Subpart 3428.3 -- Insurance
48 CFR 3428.370 Contract clause.
The contracting officer shall insert the clause in 3452.228-70,
Required Insurance, in all solicitations and resultant
cost-reimbursement contracts.
48 CFR 3428.370 PART 3432 -- CONTRACT FINANCING
48 CFR 3428.370 Subpart 3432.1 -- General
Sec.
3432.170 Method of payment.
48 CFR 3428.370 Subpart 3432.4 -- Advance Payments
3432.402 General.
3432.407 Interest.
48 CFR 3428.370 Subpart 3432.7 -- Contract Funding
3432.704 Limitation of cost or funds.
3432.770 Prohibition against the use of ED funds to influence
legislation or appropriations.
3432.771 Provision for incremental funding.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(C).
Source: 53 FR 19123, May 26, 1988, unless otherwise noted.
48 CFR 3428.370 Subpart 3432.1 -- General
48 CFR 3432.170 Method of payment.
The contracting officer shall insert the clause in 3452.232-72,
Method of Payment, in all solicitations and contracts.
48 CFR 3432.170 Subpart 3432.4 -- Advance Payments
48 CFR 3432.402 General.
(a) -- (d) (Reserved)
(e) The HCA is designated to make determinations under FAR
32.402(c)(1)(iii)(A). This authority may not be redelegated.
48 CFR 3432.407 Interest.
The HCA is designated to authorize advance payments without interest
under FAR 32.407(d).
48 CFR 3432.407 Subpart 3432.7 -- Contract Funding
48 CFR 3432.704 Limitation of cost or funds.
(a) Under the circumstances in FAR 32.704(a)(1), the contractor shall
submit the following information in writing to the contracting officer:
(1) Name and address of the contractor.
(2) Contract number and expiration date.
(3) Contract items and amounts that will exceed the estimated cost of
the contract or the limit of the funds allotted.
(4) The elements of cost that changed from the original estimate (for
example: labor, material, travel, overhead), furnished in the following
format:
(i) Original estimate.
(ii) Costs incurred to date.
(iii) Estimated cost to completion.
(iv) Revised estimate.
(v) Amount of adjustment.
(5) The factors responsible for the increase, such as error in
estimate or changed conditions.
(6) The latest date by which funds must be available to the
contractor to avoid delays in performance, work stoppage, or other
impairments.
(b) A fixed fee provided in a contract may not be changed if a cost
overrun is funded. Changes in a fixed fee may be made only to reflect
changes in the scope of work that justify an increase or decrease in the
fee.
48 CFR 3432.770 Prohibition against the use of ED funds to influence
legislation or appropriations.
The contracting officer shall insert the clause at 3452.232-70,
Prohibition Against the Use of ED Funds to Influence Legislation or
Appropriations, in contracts with educational institutions, hospitals,
and State and local governments. Contracts with commercial and
nonprofit organizations shall be subject to the legislative lobbying
prohibitions contained in FAR 31.205-22 and Office of Management and
Budget Circular A-122, respectively.
48 CFR 3432.771 Provision for incremental funding.
The contracting officer shall insert the provision in 3452.232-71,
Incremental Funding, in a solicitation if a cost-reimbursement contract
using incremental funding is contemplated.
48 CFR 3432.771 PART 3433 -- PROTESTS, DISPUTES, AND APPEALS
48 CFR 3432.771 Subpart 3433.1 -- Protests
Sec.
3433.101 Definitions.
3433.103 Protests to the agency.
48 CFR 3432.771 Subpart 3433.2 -- Disputes and Appeals
3433.203 Applicability.
3433.212 Contracting officer's duties upon appeal.
3433.214 Contract clause.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 53 FR 19124, May 26, 1988, unless otherwise noted.
48 CFR 3432.771 Subpart 3433.1 -- Protests
48 CFR 3433.101 Definitions.
Filed, as used in this subpart, means that a document has been
received by the contracting officer, the General Accounting Office
(GAO), or the General Services Administration Board of Contract Appeals
(GSBCA).
48 CFR 3433.103 Protests to the agency.
(a)(1) Protests to ED based on alleged improprieties in any type of
solicitation that are apparent before bid opening or the closing date
for receipt of proposals, must be filed before bid opening or the
closing date for receipt of proposals. In the case of negotiated
acquisitions, protests based on alleged improprieties that do not exist
in the initial solicitation, but that are added later, must be filed not
later than the next closing date for receipt of proposals following the
addition. In other cases, protests to ED must be filed not later than
ten (10) Federal Government working days after a basis for protest is
known or should have been known, whichever is earlier.
(b) With the concurrence of the HCA, the contracting officer is
authorized to make a determination, using the criteria in FAR 33.103(a),
to award a contract before resolution of a protest.
48 CFR 3433.103 Subpart 3433.2 -- Disputes and Appeals
48 CFR 3433.203 Applicability.
The General Services Administration Board of Contract Appeals (GSBCA)
is designated to hear any appeal from a final decision of a contracting
officer issued pursuant to the ''Disputes'' clause in a contract. The
rules and regulations of the GSBCA are in 48 CFR chapter 5, appendix B,
and govern the processing of these appeals.
48 CFR 3433.212 Contracting officer's duties upon appeal.
The Office of the General Counsel is designated as the Government
Trial Attorney to represent the Government in the defense of appeals
before the GSBCA.
48 CFR 3433.214 Contract clause.
The contracting officer shall use the clause in FAR 52.233-1,
Disputes, with its Alternate I.
48 CFR 3433.214 SUBCHAPTER F -- SPECIAL CATEGORIES OF CONTRACTING
48 CFR 3433.214 PART 3437 -- SERVICE CONTRACTING
48 CFR 3433.214 Subpart 3437.1 -- Service Contracts -- General
Sec.
3437.102 Policy.
48 CFR 3433.214 Subpart 3437.2 -- Consulting Services
3437.270 Consulting services reporting clauses.
3437.271 Services of consultants clauses.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 53 FR 19124, May 26, 1988, unless otherwise noted.
48 CFR 3433.214 Subpart 3437.1 -- Service Contracts -- General
48 CFR 3437.102 Policy.
If a service contract requires one or more end items of supply, FAR
subpart 37.1 and this subpart apply only to the required services.
48 CFR 3437.102 Subpart 3437.2 -- Consulting Services
48 CFR 3437.270 Consulting services reporting clause.
The contracting officer shall include the clause in 3452.237-70,
Identification of Reports Under Consulting Services Contracts, in all
solicitations and contracts for consulting services.
48 CFR 3437.271 Services of consultants clause.
The contracting officer shall insert the clause in 3452.237-71,
Services of Consultants, in all solicitations and resultant
cost-reimbursement contracts.
48 CFR 3437.271 SUBCHAPTER G -- CONTRACT MANAGEMENT
48 CFR 3437.271 PART 3442 -- CONTRACT ADMINISTRATION
48 CFR 3437.271 Subpart 3442.7 -- Indirect Cost Rates
Sec.
3442.705 Final indirect cost rates.
48 CFR 3437.271 Subpart 3442.70 -- Contract Monitoring
3442.7001 Withholding of contract payments clause.
3442.7002 Litigation and claims clause.
3442.7003 Delays clause.
48 CFR 3437.271 Subpart 3442.71 -- Accessibility of Meetings,
Conferences, and Seminars to Persons With Disabilities
3442.7101 Policy and clause.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 53 FR 19124, May 26, 1988, unless otherwise noted.
48 CFR 3437.271 Subpart 3442.7 -- Indirect Cost Rates
48 CFR 3442.705 Final indirect cost rates.
The Chief, Cost Determination Branch, Grants and Contracts Service,
is delegated the authority to establish final indirect cost rates under
FAR 42.705-1 and 42.705-2.
48 CFR 3442.705 Subpart 3442.70 -- Contract Monitoring
48 CFR 3442.7001 Withholding of contract payments clause.
(a) The contracting officer shall insert the clause in 3452.242-72,
Withholding of Contract Payments, in all solicitations and contracts
other than purchase orders.
(b) ED may withhold contract payments if any report required to be
submitted by the contractor is overdue, or if the contractor fails to
perform or deliver work or services as required by the contract.
(c) The contracting officer shall notify the contractor in writing
that payments are being withheld in accordance with the clause.
48 CFR 3442.7002 Litigation and claims clause.
The contracting officer shall insert the clause in 3452.242-70,
Litigation and Claims, in all solicitations and resultant
cost-reimbursement contracts.
48 CFR 3442.7003 Delays clause.
The contracting officer shall insert the clause in 3452.242-71,
Notice to the Government of Delays, in all solicitations and contracts
other than purchase orders.
48 CFR 3442.7003 Subpart 3442.71 -- Accessibility of Meetings, Conferences, and Seminars to Persons With Disabilities
48 CFR 3442.7101 Policy and clause.
(a) It is the policy of ED that all meetings, conferences, and
seminars be accessible to persons with disabilities.
(b) The contracting officer shall insert the clause in 3452.242-73,
Accessibility of Meetings, Conferences, and Seminars to Persons with
Disabilities, in all solicitations and contracts.
48 CFR 3442.7101 PART 3443 -- CONTRACT MODIFICATIONS
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
48 CFR 3443.106 Contract clause.
The contracting officer shall insert the clause in 3452.243-70, Key
Personnel, in all solicitations and resultant cost-reimbursement
contracts.
(53 FR 19125, May 26, 1988)
48 CFR 3443.106 PART 3445 -- GOVERNMENT PROPERTY
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 53 FR 19125, May 26, 1988, unless otherwise noted.
48 CFR 3443.106 Subpart 3445.4 -- Contractor Use and Rental of Government Property
48 CFR 3445.405 Contracts with foreign governments or international
organizations.
Requests by, or for the benefit of, foreign governments or
international organizations to use ED production and research property
must be approved by the HCA. The HCA shall determine the amount of cost
to be recovered or rental charged, if any, based on the facts and
circumstances of each case.
48 CFR 3445.405 PART 3447 -- TRANSPORTATION
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 53 FR 19125, May 26, 1988, unless otherwise noted.
48 CFR 3445.405 Subpart 3447.70 -- Foreign Travel
48 CFR 3447.7000 Foreign travel clause.
The contracting officer shall insert the clause in 3452.247-70,
Foreign Travel, in all solicitations and resultant cost-reimbursement
contracts.
48 CFR 3447.7000 SUBCHAPTER H -- CLAUSES AND FORMS
48 CFR 3447.7000 PART 3452 -- SOLICITATION PROVISIONS AND CONTRACT CLAUSES
48 CFR 3447.7000 Subpart 3452.2 -- Texts of Provisions and Clauses
Sec.
3452.202-1 Definitions.
3452.208-70 Printing.
3452.209-70 Organization conflict of interest.
3452.215-33 Order of precedence.
3452.215-70 Release of restricted data.
3452.216-70 Additional cost principles.
3452.216-71 Negotiated overhead rates -- fixed.
3452.227-70 Publication and publicity.
3452.227-71 Paperwork Reduction Act.
3452.227-72 Advertising of awards.
3452.228-70 Required insurance.
3452.232-70 Prohibition against the use of ED funds to influence
legislation or appropriations.
3452.232-71 Incremental funding.
3452.232-72 Method of payment.
3452.237-70 Identification of reports under consulting services
contracts.
3452.237-71 Services of consultants.
3452.242-70 Litigation and claims.
3452.242-71 Notice to the Government of delays.
3452.242-72 Withholding of contract payments.
3452.242-73 Accessibility of meetings, conferences, and seminars to
persons with disabilities.
3452.243-70 Key personnel.
3452.247-70 Foreign travel.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 53 FR 19125, May 26, 1988, unless otherwise noted.
48 CFR 3447.7000 Subpart 3452.2 -- Texts of Provisions and Clauses
48 CFR 3452.202-1 Definitions.
As prescribed in 3402.201, insert the following clause in
solicitations and contracts:
(a) The term Secretary or Head of the Agency (also called Agency
Head) means the Secretary or Under Secretary of the Department of
Education; and the term his/her duly authorized representative means
any person, persons, or board authorized to act for these officials.
(b) The term contracting officer means a person with the authority to
enter into, administer, and/or terminate contracts and make related
determinations and findings. The term includes certain authorized
representatives of the contracting officer acting within the limits of
their authority as delegated by the contracting officer.
(c) The term Contracting Officer's Technical Representative means the
person representing the Government for the purpose of technical
monitoring of contract performance. The Contracting Officer's Technical
Representative (COTR) is not authorized to issue any instructions or
directions which effect any increases or decreases in the scope of work
or which would result in the increase or decrease of the cost or price
of this contract or a change in the delivery dates or performance period
of this contract.
(d) The term Department or ED means the Department of Education.
(e) Except as otherwise provided in this contract, the term
subcontract includes, but is not limited to, purchase orders and changes
and modifications to purchase orders under this contract.
48 CFR 3452.208-70 Printing.
As prescribed in 3408.870, insert the following clause in all
solicitations and contracts other than purchase orders:
Unless otherwise specified in this contract, the contractor shall not
engage in, nor subcontract for, and printing (as that term is defined in
Title I of the Government Printing and Binding Regulations in effect on
the effective date of this contract) in connection with the performance
of work under this contract; except that performance involving the
reproduction of less than 5,000 production units of any one page, or
less than 25,000 production units in the aggregate of multiple pages,
shall not be deemed to be printing. A production unit is defined as one
sheet, size 8 1/2 by 11 inches, and one side and color only.
48 CFR 3452.209-70 Organizational conflict of interest.
As prescribed in 3409.570, insert the following provision in all
certifications:
The offeror certifies that it (X) is (X) is not aware of any
potential organization conflict of interest that it may have under this
procurement. If the offeror is aware of any potential conflict of
interest, the offeror shall submit a disclosure statement fully
describing the situation. An organizational conflict of interest is as
defined and illustrated in FAR 9.5.
48 CFR 3452.215-33 Order of precedence.
As prescribed in 3415.406-3, insert the following clause in
contracts:
Any inconsistency in this contract shall be resolved by giving
precednece in the following order:
(a) The Schedule (exclusing the work statement or specification).
(b) The contract clauses (Section I).
(c) Any incorporated documents, exhibits, or attachment, excluding
the work statement or specifications and the contractor's proposal,
representations, and certifications,
(d) The work statement or specifications, and
(e) The contractor's proposal, as amended, including representations
and certifications.
48 CFR 3452.215-70 Release of restricted data.
As prescribed in 3415.407, insert the following provision in
solicitations:
(a) Offerors are hereby put on notice that regardless of their use of
the legend set forth in FAR 52.215-12, Restriction on Disclosure and Use
of Data, the Government may be required to release certain data
contained in the proposal in response to a request for the data under
the Freedom of Information Act. the Government's determination to
withhold or disclose a record will be based upon the particular
circumstance involving the data in question and whether the data may be
exempted from disclosure under the Freedom of Information Act. In
accordance with Executive Order 12600 and to the extent permitted by
law, the Government will notify the offeror before it releases
restricted data.
(b) By submitting a proposal or quotation in response to this
solicitation:
(1) The offeror acknowledges that the Department may not be able to
withhold nor deny access to data requested pursuant to the Act and that
the Government's FOI officials shall make that determination;
(2) The offeror agrees that the Government is not liable for
disclosure if the Department has determined that disclosure is required
by the Act;
(3) The offeror acknowledges that proposals not resulting in a
contract remain subject to the Act; and
(4) The offeror agrees that the Government is not liable for
disclosure or use of unmarked data and may use or disclose the data for
any propose, including the release of the information pursuant to
requests under the Act.
(c) Offerors are cautioned that the Government reserves the right to
reject any proposal submitted with (1) a restrictive legend or statement
differing in substance from the one required by the solicitation
provision in FAR 52.515-12, Restriction on Disclosure and Use of Data,
or (2) a statement taking exceptions to the terms of (a) or (b) of this
provision.
48 CFR 3452.216-70 Additional cost principles.
Insert the following clause in solicitations and contracts as
prescribed in 3416.307(b):
(a) Bid and Proposal Costs. Bid and proposal costs are the immediate
costs of preparing bids, proposals, and applications for potential
Federal and non-Federal grants, contracts, and other agreements,
including the development of scientific, cost and other data needed to
support the bids, proposals and applications. Bid and proposal costs of
the current accounting period are allowable as indirect costs; bid and
proposal costs of past accounting periods are unallowable as costs of
the current period. However, if the organization's established practice
is to treat these costs by some other method, they may be accepted if
they are found to be reasonable and equitable. Bid and proposal costs
do not include independent research and development costs or pre-award
costs.
(b) Independent research and development costs. Independent research
and development is research and development that is not sponsored by
Federal and non-Federal grants, contracts, or other agreements.
Independent research and development shall be allocated its
proportionate share of indirect costs on the same basic as the
allocation of indirect costs of sponsored research and development. The
costs of independent research and development, including its
proportionate share of indirect costs, are unallowable.
48 CFR 3452.216-71 Negotiated overhead rates -- fixed.
Insert the following clause in cost-reimbursement contracts as
prescribed in 3416.701:
(a) Notwithstanding the provisions of the clause entitled ''Allowable
Cost and Payment'', the allowable indirect costs under this contract
shall be obtained by applying negotiated fixed overhead rates for the
applicable period(s) to bases agreed upon by the parties, as specified
below. A negotiated fixed rate(s) is based on an estimate of the costs
which will be incurred during the period for which the rate(s) applies.
If the applciation of the negotiated fixed rates(s) against the actual
bases during a given fiscal period produces an amount greater or less
than the indirect costs determined for that period, the greater or
lesser amount(s) will be carried forward to a subsequent period.
(b) The contractor, as soon as possible but no later than six months
after the close of its fiscal year, or such other period as may be
specified in the contract, shall submit to the contracting officer or
the duly authorized representative, with a copy to the cognizant audit
activity, a proposed fixed overhead rate or rates based on the
contractor's actual cost experience during the fiscal year, including
adjustment, if any, for amounts carried forward, together with
supporting cost data. Negotiation of fixed overhead rates, including
carry-forward adjustments, if any, by the contractor and the contracting
officer, or the duly authorized representative, shall be undertaken as
promptly as practicable after receipt of the contractor's proposal.
(c) Allowability of costs and acceptability of cost allocation
methods shall be determined in accordance with part 31 of the Federal
Acquisition Regulation (FAR) in effect on the date of this contract.
(d) The results of each negotiation shall be set forth in an
amendment to this contract, which shall specify (1) the agreed fixed
overhead rates, (2) the bases to which the rates apply, (3) the fiscal
year, unless the parties agreed to a different period, for which the
rates apply, and (4) the specific items treated as direct costs or any
changes in the items previously agreed to be direct costs.
(e) Pending establishment of fixed overhead rates for any fiscal year
or different period agreed to by the parties, the contractor shall be
reimbursed either at the rates fixed for the previous fiscal year or
other period or at billing rates acceptable to the contracting officer,
subject to appropriate adjustment when the final rates for the fiscal
year or other period are established.
(f) Any failure of the parties to agree on any fixed rate or rates or
to the amount of any carry-forward adjustment under this clause shall
not be considered a dispute for decision by the contracting officer
within the meaning of the Disputes clause of this contract. If for any
fiscal year or other period specified in the contract, the parties fail
to agree to a fixed overhead rate or rates, it is agreed that the
allowable indirect costs under this contract shall be obtained by
applying negotiated final overhead rates, in accordance with the terms
of the Allowable Cost and Payment clause, in effect on the date of this
contract.
(g) Submission of proposed fixed, provisional, and/or final overhead
rates, together with appropriate data in support thereof, to the
contracting officer or the duly authorized representative and agreements
on fixed, provisional, and/or final overhead rates entered into between
the contractor and the contracting officer or the duly authorized
representative, as evidenced by negotiated overhead rate agreements
signed by both parties, shall satisfy the requirements of paragraphs
(b), (c), (d), and (e) of this clause.
48 CFR 3452.227-70 Publication and publicity.
As prescribed in 3427.470, insert the following clause in all
solicitations and contracts other than purchase orders:
(a) Unless otherwise specified in this contract, the contractor is
encouraged to publish and otherwise promote the results of its work
under this contract. A copy of each article or work submitted by the
contractor for publication shall be promptly sent to the Contracting
Officer's Technical Representative. The contractor shall also inform
the representative when the article or work is published and furnish a
copy in the published form.
(b) The contractor shall acknowledge the support of the Department of
Education in publicizing the work under this contract in any medium.
This acknowledgment shall read substantially as follows:
''This project has been funded at least in part with Federal funds
from the U.S. Department of Education under contract number XXXXX. The
content of this publication does not necessarily reflect the views or
policies of the U.S. Department of Education nor does mention of trade
names, commercial products, or organizations imply endorsement by the
U.S. Government.''
48 CFR 3452.227-71 Paperwork Reduction Act.
As prescribed in 3427.471, insert the following clause in all
solicitations and contracts:
(a) The Paperwork Reduction Act of 1980 (Pub. L. 96-511) applies to
contractors that collect information for use or disclosure by the
Federal Government.
If the contractor will collect information requiring answers to
identical questions from 10 or more people then no plan, questionnaire,
interview guide, or other similar device for collecting information may
be used without first obtaining clearance from the Deputy Under
Secretary for Management (DUSM) or his/her delegate within the
Department of Education (ED) and the Office of Management and Budget
(OMB). Contractors and Contracting Officers' Technical Representatives
shall be guided by the provisions of 5 CFR part 1320, Controlling
Paperwork Burdens on the Public, and seek the advice of the Department's
Paperwork Clearance Officer to determine the procedures for acquiring
DUSM and OMB clearance.
(b) The contractor shall obtain the required DUSM and OMB clearance
through the Contracting Officer's Technical Representative before
expending any funds or making public contacts for the collection of
information described in paragraph (a) of this clause. The authority to
expend funds and proceed with the collection shall be in writing by the
contracting officer. The contractor must plan at least 120 days for
DUSM and OMB clearance. Excessive delay caused by the Government which
arises out of causes beyond the control and without the fault or
negligence of the contractor will be considered in accordance with the
Excusable Delays or Default clause of this contract.
48 CFR 3452.227-72 Advertising of awards.
As prescribed in 3427.472, insert the following clause in all
solicitations and contracts other than purchase orders:
The contractor agrees not to refer to awards issued by the Department
of Education in commercial advertising in such a manner as to state or
imply that the product or service provided is endorsed by the Federal
Government or is necessarily considered by the Government to be superior
to other products or services.
48 CFR 3452.228-70 Required insurance.
As prescribed in 3428.370, insert the following clause in all
solicitations and resultant cost-reimbursement contracts:
(a) The contractor shall procure and maintain such insurance as
required by law or regulation, including but not limited to the
requirements of FAR subpart 28.3 or by the written direction of the
contracting officer. Prior written approval of the contracting officer
shall be required with respect to any insurance policy the premiums for
which the contractor proposes to treat as a direct cost under this
contract and with respect to any proposed qualified program of
self-insurance. The terms of any other insurance policy shall be
submitted to the contracting officer for approval upon request.
(b) Unless otherwise authorized in writing by the contracting
officer, the contractor shall not procure or maintain for its own
protection any insurance covering loss or destruction of or damage to
Government property.
48 CFR 3452.232-70 Prohibition against the use of ED funds to influence
legislation or appropriations.
The following clause is to be used in accordance with 3432.770:
No part of any funds under this contract shall be used to pay the
salary and expenses of any contractor, or agency acting for the
contractor, to engage in any activity designed to influence legislation
or appropriations pending before the Congress.
48 CFR 3452.232-71 Incremental funding.
As prescribed in 3452.771, insert the following provision in
solicitations:
(a) Sufficient funds are not presently available to cover the total
cost of the complete project described in this solicitation. However,
it is the Government's intention to negotiate and award a contract using
the incremental funding concepts described in the clause titled
''Limitation of Funds'' in FAR 52.232-22. Under that clause, which will
be included in the resultant contract, initial funds will be obligated
under the contract to cover an estimated base performance period.
Additional funds are intended to be allotted to the contract by contract
modification, up to and including the full estimated cost of the entire
period of performance. This intent notwithstanding, the Government will
not be obligated to reimburse the contractor for cost incurred in excess
of the periodic allotments, nor will the contractor be obligated to
perform in excess of the amount allotted.
(b) The Limitation of Cost clause in FAR 52.232-20 shall supersede
the Limitation of Funds clause in the event the contract becomes fully
funded.
48 CFR 3452.232-72 Method of payment.
As prescribed in 3432.170, insert the following clause in all
solicitations and contracts:
(a) Payments under this contract will be made either by check or by
wire transfer through the Treasury Financial Communications System at
the option of the Government.
(b) The contractor shall forward the following information in writing
to (designated payment party) not later than seven days after receipt of
notice of award.
(1) Full name (where practicable), title, phone number, and complete
mailing address of responsible official(s) to whom check payments are to
be sent, and who may be contacted concerning the bank account
information requested below.
(2) The following bank account information required to accomplish
wire transfers:
(i) Name, address, and telegraphic abbreviation of the receiving
financial institution:
(ii) Receiving financial institution's nine-digit American Bankers
Association (ABA) identifying number for routing transfer of funds.
(Provide this number only if the receiving financial institution has
access to the Federal Reserve Communications System.)
(iii) Recipient's name and account number at the receiving financial
institution to be credited with the funds.
(iv) If the receiving financial institution does not have access to
the Federal Reserve Communications System, provide the name of the
correspondent financial institution through which the receiving
financial institution receives electronic funds transfer messages. If a
correspondent financial institution is specified, also provide the
address and telegraphic abbreviation of that institution and its
nine-digit ABA identifying number for routing transfer of funds.
(c) Any changes to the information furnished under paragraph (b) of
this clause shall be furnished to (designated payment office) in writing
at least 30 days before the effective date of the change. It is the
contractor's responsibility to furnish these changes promptly to avoid
payments to erroneous addresses or bank accounts.
(d) The document furnishing the information required in paragraphs
(b) and (c) must be dated and contain the signature, title, and
telephone number of the contractor's official authorized to provide it,
as well as the contractor's name and contract number.
48 CFR 3452.237-70 Identification of reports under consulting services
contracts.
As prescribed in 3437.270, insert the following clause in all
solicitations and contracts for consulting services:
The contractor shall set forth on the cover of every report submitted
pursuant to this contract the following information:
(a) Name and business address of the contractor; (b) contract
number; (c) contract dollar amount; (d) whether the contract was
competitively or noncompetitively awarded; (e) name of the Contracting
Officer's Technical Representative and complete office identification
and address; and (f) names of the managerial and professional personnel
responsible for the content and preparation of the report.
48 CFR 3452.237-71 Services of consultants.
As prescribed in 3437.271, insert the following clause in all
solicitations and resultant cost-reimbursement contracts:
Except as otherwise expressly provided elsewhere in this contract,
and notwithstanding the provisions of the clause of the contract
entitled ''Subcontracts Under Cost-Reimbursement and Letter Contracts,''
the prior written approval of the contracting officer shall be required:
(a) If any employee of the contractor is to be paid as a
''consultant'' under this contract; and
(b) For the utilization of the services of any consultant under this
contract exceeding the daily rate set forth elsewhere in this contract
or, if no amount is set forth, $150, exclusive of travel costs, or if
the services of any consultant under this contract will exceed 10 days
in any calendar year.
If that contracting officer's approval is required, the contractor
shall obtain and furnish to the contracting officer information
concerning the need for the consultant services and the reasonableness
of the fees to be paid, including, but not limited to, whether fees to
be paid to any consultant exceed the lowest fee charged by consultant to
others for performing consultant services of a similar nature.
48 CFR 3452.242-70 Litigation and claims.
As prescribed in 3442.7002, insert the following clause in all
solicitations and resultant cost-reimbursement contracts:
(a) The contractor shall give the contracting officer immediate
notice in writing of:
(1) Any action, filed against the contractor arising out of the
performance of this contract, including any proceeding before any
administrative agency or court of law, and also including, but not
limited to, the performance of any subcontract hereunder; and
(2) Any claim against the contractor for a cost which is allowable
under the clause entitled ''Allowable Cost and Payment.''
(b) Except as otherwise directed by the contracting officer, the
contractor shall immediately furnish the contracting officer copies of
all pertinent papers received under that action or claim.
(c) If required by the contracting officer, the contractor shall:
(1) Effect an assignment and subrogation in favor of the Government
of all the contractor's rights and claim (except those against the
Government) arising out of the action or claim against the contractor;
and
(2) Authorize the Government to settle or defend the action or claim
and to represent the contractor in, or to take charge of, the action.
(d) If the settlement or defense of an action or claim is undertaken
by the Government, the contractor shall furnish all reasonable required
assistance. However, if an action against the contractor is not covered
by a policy of insurance, the contractor shall notify the contracting
officer and proceed with the defense of the action in good faith.
(e) To the extent not in conflict with any applicable policy of
insurance, the contractor may, with the contracting officer's approval,
settle any such action or claim.
(f)(1) The Government shall not be liable for the expense of
defending any action or for any costs resulting from the loss thereof to
the extent that the contractor would have been compensated by insurance
that was required by law, regulation, contract clause, or other written
direction of the contracting officer, but which the contractor failed to
secure through its own fault or negligence.
(2) In any event, unless otherwise expressly provided in this
contract, the contractor shall not be reimbursed or indemnified by the
Government for any cost or expense of liability that the contractor may
incur or be subject to by reason of any loss, injury, or damage, to the
person or to real or personal property of any third parties as may arise
from the performance of this contract.
48 CFR 3452.242-71 Notice of the Government of delays.
As prescribed in 3442.7003, insert the following clause in all
solicitations and contracts other than purchase orders:
Whenever the contractor has knowledge that any actual or potential
situation, including but not limited to labor disputes, is delaying or
threatens to delay the timely performance of work under this contract,
the contractor shall immediately give written notice thereof, including
all relevant information with respect thereto, to the contracting
officer.
48 CFR 3452.242-72 Withholding of contract payments.
As prescribed in 3442.7001, insert the following clause in all
solicitations and contacts other than purchase orders:
Notwithstanding any other payment provisions of this contract,
failure of the contractor to submit required reports when due or failure
to perform or deliver required work, supplies, or services, or failure
to meet any of the requirements of the contract, will result in the
withholding of payments under this contract in such amounts as the
contracting officer deems appropriate, unless the failure arises out of
causes beyond the control, and without the fault of negligence, of the
contractor, as defined by the clause entitled ''Excusable Delays'' or
''Default'', as applicable. The Government shall promptly notify the
contractor of its intention to withhold payment of any invoice or
voucher submitted. Payment will be withheld until the failure is cured,
a new delivery schedule is agreed upon, or payment is made as part of a
termination settlement.
48 CFR 3452.242-73 Accessibility of meetings, conferences, and seminars
to persons with disabilities.
As prescribed in 3442.7101(b), insert the following clause in all
solicitations and contracts:
The contractor shall assure that any meeting, conference, or seminar
held pursuant to the contract will meet all applicable standards for
accessibility to persons with disabilities pursuant to section 504 of
the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) and any
implementing regulations of the Department.
48 CFR 3452.243-70 Key personnel.
As prescribed in 3443.106(b), insert the following clause in all
solicitations and resultant cost-reimbursement contracts:
The personnel designated as key personnel in this contract are
considered to be essential to the work being performed hereunder. Prior
to diverting any of the specified individuals to other programs, or
otherwise substituting any other personnel for specified personnel, the
contractor shall notify the contracting officer reasonably in advance
and shall submit justification (including proposed substitutions) in
sufficient detail to permit evaluation of the impact on the contract
effort. No diversion or substitution shall be made by the contractor
without the written consent of the contracting officer; provided, that
the contracting officer may ratify a diversion or substitution in
writing and that ratification shall constitute the consent of the
contracting officer required by this clause. The contract shall be
modified to reflect that addition or deletion personnel.
48 CFR 3452.247-70 Foreign travel.
As prescribed in 3447.7000, insert the following clause in all
solicitations and resultant cost-reimbursement contracts:
Foreign travel shall not be undertaken without the prior written
approval of the contracting officer. As used in this clause, ''foreign
travel'' means travel outside the fifty States comprising the United
States, the District of Columbia, and Canada.
48 CFR 3452.247-70 48 CFR Ch. 35 (10-1-92 Edition)
48 CFR 3452.247-70 Panama Canal Commission
48 CFR 3452.247-70 CHAPTER 35 -- PANAMA CANAL COMMISSION
48 CFR 3452.247-70 (Parts 3501 to 3599)
48 CFR 3452.247-70 SUBCHAPTER A -- GENERAL
Part
Page
3501 Federal Acquisition Regulations System
3502 Definitions of words and terms
3503 Improper business practices and personal conflicts of interest
3504 Administrative matters
48 CFR 3452.247-70
48 CFR 3452.247-70 SUBCHAPTER B -- COMPETITION AND ACQUISITION PLANNING
3505 Publicizing contract actions
3506 Competition requirements
3507 Acquisition planning
3508 Required sources of supplies and services
3509 Contractor qualifications
3510 Specifications, standards, and other purchase descriptions
48 CFR 3452.247-70
48 CFR 3452.247-70 SUBCHAPTER C -- CONTRACTING METHODS AND CONTRACT
TYPES
3513 Small purchase and other simplified purchase procedures
3514 Sealed bidding
3515 Contracting by negotiation
3516 Types of contracts
3517 Special contracting methods
48 CFR 3452.247-70
48 CFR 3452.247-70 SUBCHAPTER D -- SOCIOECONOMIC PROGRAMS
3519 Small business and small disadvantaged business concerns
3520 Labor surplus area concerns
3522 Application of labor laws to Government acquisitions
3524 Protection of privacy and freedom of information
3525 Foreign acquisition
48 CFR 3452.247-70
48 CFR 3452.247-70 SUBCHAPTER E -- GENERAL CONTRACTING REQUIREMENTS
3527 Patents, data and copyrights
3528 Bonds and insurance
3529 Taxes
3531 Contract cost principles and procedures
3532 Contract financing
3533 Protests, disputes, and appeals
48 CFR 3452.247-70
48 CFR 3452.247-70 SUBCHAPTER F -- SPECIAL CATEGORIES OF CONTRACTING
3536 Construction and architect-engineer contracts
3537 Service contracting
48 CFR 3452.247-70
48 CFR 3452.247-70 SUBCHAPTER G -- CONTRACT MANAGEMENT
3542 Contract administration
3543 Contract modifications
3547 Transportation
3551 Use of Government sources by contractors
48 CFR 3452.247-70
48 CFR 3452.247-70 SUBCHAPTER H -- CLAUSES AND FORMS
3552 Solicitation provisions and contract clauses
3553 Forms
48 CFR 3452.247-70
48 CFR 3452.247-70 SUBCHAPTER I -- AGENCY SUPPLEMENTARY REGULATIONS
3570 Acquisition of Panamanian supplies and services
48 CFR 3452.247-70
48 CFR 3452.247-70 48 CFR Ch. 35 (10-1-92 Edition)
48 CFR 3452.247-70 Panama Canal Commission
48 CFR 3452.247-70 SUBCHAPTER A -- GENERAL
48 CFR 3452.247-70 PART 3501 -- FEDERAL ACQUISITION REGULATIONS SYSTEM
Sec.
3501.000 Scope of part.
48 CFR 3452.247-70 Subpart 3501.1 -- Purpose, Authority, Issuance
3501.101 Purpose.
3501.102 Authority.
3501.103 Applicability.
3501.104 Issuance.
3501.104-1 Publication and code arrangement.
3501.104-2 Arrangement of regulations.
3501.104-3 Copies.
3501.105 OMB approval under the Paperwork Reduction Act.
48 CFR 3452.247-70 Subpart 3501.2 -- Administration
3501.201 Maintenance of the FAR.
3501.201-1 The two councils.
48 CFR 3452.247-70 Subpart 3501.3 -- Agency Acquisition Regulations
3501.301 Policy.
3501.303 Publication and codification.
3501.304 Agency control and compliance procedures.
48 CFR 3452.247-70 Subpart 3501.4 -- Deviations from the FAR and PAR
3501.401 Definition.
3501.403 Individual deviations.
3501.404 Class deviations.
3501.405 Deviations pertaining to treaties and executive agreements.
48 CFR 3452.247-70 Subpart 3501.6 -- Contracting Authority and
Responsibilities
3501.601 General.
3501.602 Contracting officers.
3501.602-3 Ratification of unauthorized commitments.
3501.602-370 Procedures.
3501.603 Selection, appointment, and termination of appointment.
3501.603-1 General.
3501.670 Legal review of proposed contract actions.
3501.670-1 Contract actions requiring legal review.
3501.670-2 Documents to be submitted for legal review.
3501.670-3 General Counsel's legal review.
Authority: 40 U.S.C. 486(c).
Source: 55 FR 7635, Mar. 2, 1990, unless otherwise noted.
48 CFR 3501.000 Scope of part.
This part sets forth basic policies and general information about the
Panama Canal Commission Acquisition Regulation, referred to as the PAR,
and its relationship to the Federal Acquisition Regulation, referred to
as the FAR.
48 CFR 3501.000 Subpart 3501.1 -- Purpose, Authority, Issuance
48 CFR 3501.101 Purpose.
(a) The Federal Acquisition Regulations System brings together, in
title 48 of the Code of Federal Regulations (CFR), the acquisition
regulations of all executive agencies of the United States Government.
This subpart establishes the PAR as chapter 35 of title 48, CFR. The
FAR, which is the primary document for all agencies within this system,
is issued as chapter 1 of title 48, CFR.
(b) The purpose of the PAR is to implement the FAR where further
implementation is needed and to supplement the FAR when coverage is
needed for subject matter not contained in the FAR. The PAR is not, by
itself, a complete regulation. It must be used in conjunction with, and
is subordinate to, the FAR.
48 CFR 3501.102 Authority.
The PAR and amendments thereto are issued by the Administrator of the
Panama Canal Commission (Commission) pursuant to the authority of
section 205(c) of the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 486(c)), as amended, and other applicable law.
48 CFR 3501.103 Applicability.
The FAR and the PAR apply to all acquisitions of the Commission,
except where expressly excluded.
3501.104 Issuance.
48 CFR 3501.104-1 Publication and code arrangement.
(a) The PAR is published in --
(1) The Federal Register;
(2) Cumulated form at 48 CFR Chapter 35; and
(3) A separate loose-leaf form.
48 CFR 3501.104-2 Arrangement of regulations.
(a) General. The PAR 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 PAR
coverage.
(b) Numbering. (1) Where the PAR implements the FAR, the
implementing part, subpart, section or subsection of the PAR will be
numbered and captioned, to the extent feasible, the same as the FAR
part, subpart, section or subsection being implemented except that the
implementation will be preceded with a 35 or a 350 such that there will
always be four numbers to the left of the decimal. For example, the PAR
implementation of FAR 1.104-1 is shown as 3501.104-1 and the PAR
implementation of FAR subpart 24.1 is shown as subpart 3524.1.
Similarly, individual paragraphs at the section and subsection levels of
the PAR correspond, to the extent feasible, to the FAR paragraph
designations that are being implemented.
(2) Material which supplements the FAR as new parts, subparts,
sections, or subsections will be assigned the numbers 70 and up. For
example, there is no FAR coverage on the preferential acquisition of
supplies and services obtainable in the Republic of Panama as provided
for in Article IX of the Agreement in Implementation of Article III of
the Panama Canal Treaty of 1977. This supplementary material is
identified as part 3570.
(3) Because the PAR implements the FAR only where further
implementation is necessary, there are gaps in the PAR numbering and
paragraphing sequence. For example, the PAR skips from part 3510 to
part 3513, from subpart 3501.4 to subpart 3501.6, and from section
3501.301 to section 3501.303 because the FAR coverage at parts 11 and
12, subpart 1.5, and section 1.302, respectively, does not require
further implementation. Similarly, section 3501.405 of the PAR begins
at paragraph (d) because paragraphs (a), (b), and (c) at FAR 1.405 do
not require further implementation.
(c) References and citations. (2) This regulation may be referred to
as the Panama Canal Commission Acquisition Regulation or the PAR.
References to PAR material outside this regulation may be cited in
informal documents as PAR followed by the identifying number. For
example, this subparagraph would be informally cited as PAR
3501.104-2(c)(2). In formal documents outside this regulation, such as
legal briefs, references to PAR material should include reference to
Title 48 of the Code of Federal Regulations. For example, this
subparagraph would be formally cited as 48 CFR 3501.104-2(c)(2).
(3) References to FAR or PAR material within this regulation will be
made as follows:
(i) FAR parts or subparts will be referred to in those terms followed
by the identifying number -- for example, FAR part 1; FAR subpart 1.1.
FAR subdivisions below the subpart level (i.e., sections, subsections,
paragraphs, subparagraphs, or subdivisions) will simply state FAR
followed by the identifying number -- for example, FAR 1.104-2(c)(3)(i).
(ii) PAR parts or subparts will be referred to only as part or
subpart followed by the identifying number -- for example, part 1;
subpart 1.1. PAR subdivisions below the subpart level will simply
indicate the identifying number -- for example, this subdivision would
be cited as 3501.104-2(c)(3)(ii).
48 CFR 3501.104-3 Copies.
Copies of the PAR in Federal Register and CFR form may be purchased
from the Superintendent of Documents, Government Printing Office (GPO),
Washington, DC 20402. Copies of the loose-leaf PAR are distributed
within the Panama Canal Commission and may be obtained from the
Administrative Services Division, Records Management Branch, telephone
(507) 52-7642.
48 CFR 3501.105 OMB approval under the Paperwork Reduction Act.
The information collection and recordkeeping requirements contained
in the PAR have been approved by the Office of Management and Budget
(OMB) in accordance with the Paperwork Reduction Act of 1980 (Pub. L.
96-511). OMB control number 3207-0007 is assigned to the following PAR
sections:
3513.107(a)(4)(i)
3513.107(a)(4)(ii)
3513.107(a)(4)(iii)
3513.107(a)(4)(iv)
3515.804-6
3536.571
48 CFR 3501.105 Subpart 3501.2 -- Administration
3501.201 Maintenance of the FAR.
48 CFR 3501.201-1 The two councils.
(e)(2) The Commission's Procurement Executive, in consultation with
the General Counsel, is responsible for overseeing the development of
the agency position on proposed revisions to the FAR and responding to
the FAR Secretariat when such action is appropriate.
48 CFR 3501.201-1 Subpart 3501.3 -- Agency Acquisition Regulations
48 CFR 3501.301 Policy.
(a)(1) The Procurement Executive, in consultation with the General
Counsel and such other agency officials as may be appropriate, is
responsible for the development, preparation, and maintenance of PAR
issuances by the Administrator. In addition, the Procurement Executive
is authorized to issue internal policies, procedures, instructions, and
guidelines to clarify or implement the FAR or PAR within the Commission.
Such internal issuances are subject to review by the General Counsel.
(2) Heads of contracting activities and division chiefs are
authorized to issue internal guidance of the type described in FAR
1.301(a)(2).
(b) Public participation in the promulgation of the PAR shall be in
the same manner as specified for the FAR in FAR subpart 1.5. Where
solicitation of public comment on significant revisions is impracticable
prior to promulgation, the revisions may be set forth in temporary
regulations. Comments will be solicited on the temporary regulations
and considered prior to formulating the final regulations.
48 CFR 3501.303 Publication and codification.
(a) The PAR is codified as Chapter 35 in Title 48, Code of Federal
Regulations.
(c) The PAR replaces the former part 87 -- Procurement, of the Panama
Canal Administration and Regulations (PCAR), in its entirety.
48 CFR 3501.304 Agency control and compliance procedures.
(a) Whenever contracting activities and organizational components
thereof wish to propose for publication in the Federal Register an
agency acquisition regulation that they consider necessary to implement
or supplement the FAR or PAR, they must prepare a memorandum that
explains the need, background, justification, and significant aspects of
the proposed regulation and send it to the Procurement Executive. The
Procurement Executive and General Counsel will (1) review the proposed
regulation to assure compliance with FAR part 1, and (2) either approve
or disapprove it. If approved, the Procurement Executive will prepare
the proposed regulation in Federal Register format for issuance by the
Administrator.
48 CFR 3501.304 Subpart 3501.4 -- Deviations from the FAR and PAR
48 CFR 3501.401 Definition.
A deviation from the PAR is defined in the same manner as a deviation
from the FAR (see FAR 1.401).
48 CFR 3501.403 Individual deviations.
Requests for individual deviations from the FAR and the PAR shall be
submitted by the Head of the Contracting Activity (HCA) through the
General Counsel to the Procurement Executive for approval. Requests
submitted shall cite the specific part of the FAR or PAR from which it
is desired to deviate, shall set forth the nature of the deviation(s),
and shall give the reasons for the action requested. The Procurement
Executive shall transmit copies of approved individual FAR deviations to
the FAR Secretariat.
48 CFR 3501.404 Class deviations.
Requests for class deviations to the PAR shall be submitted in
advance by the HCA through the General Counsel to the Procurement
Executive for processing in accordance with FAR 1.404 and this section.
Requests submitted shall include the same type of information as
required for individual deviations as prescribed in 3501.403. The
Procurement Executive may approve class deviations to the FAR and the
PAR and shall transmit copies of approved class FAR deviations to the
FAR Secretariat as required by FAR 1.404.
48 CFR 3501.405 Deviations pertaining to treaties and executive
agreements.
(d) The Procurement Executive is designated as the central control
point within the Commission for transmittal of deviations from the FAR
required to comply with treaties and executive agreements to which the
United States is a party. Copies of the text of any deviation
authorized in accordance with FAR 1.405 (b) or (c) shall be forwarded by
the HCA to the Procurement Executive through the General Counsel for
further transmittal to the FAR Secretariat.
(e) When a deviation required to comply with a treaty or executive
agreement is inconsistent with FAR coverage based on law, the
Procurement Executive shall forward a request for deviation to the FAR
Secretariat for processing as required by FAR 1.405(e).
48 CFR 3501.405 Subpart 3501.6 -- Contracting Authority and Responsibilities
48 CFR 3501.601 General.
(a) Commission contracting activities are established within the
General Services Bureau for the acquisition of supplies and services,
and the Engineering and Construction Bureau for the acquisition of
construction, including architect-engineer services and other services
related to construction. The Directors of these bureaus are designated
by the Administrator as Heads of Contracting Activities and are the
officials who have the authority and responsibility to appoint
contracting officers to contract for authorized supplies and services,
including construction and architect-engineer services, that fall within
the scope of their respective contracting activities.
(b) In addition, bureau directors and heads of independent units are
delegated contracting authority, not to exceed amounts established by
the General Services Director, for the decentralized procurement of
supplies and services on Division Purchase Orders (see 3513.505-71).
This authority is granted to assist Commission activities in expediting
minor purchases. Such authority may be redelegated pursuant to
3513.505-71(b)(1)(ii).
3501.602 Contracting Officers.
48 CFR 3501.602-3 Ratification of unauthorized commitments.
(a) Definitions.
Responsible contracting officer, as used in 3501.602-370, means the
individual at the appropriate level of contracting authority who can
execute any contractual document that may be required to formalize an
unauthorized commitment. Depending on the circumstances, the term can
apply to the existing contracting officer, the prospective contracting
officer (when a purchase order or contract does not exist) or, in the
case of a contracting officer who acted in excess of the limits of his
delegated authority, the next individual in the chain of contracting
authority who has the appropriate authority to execute the necessary
contractual document.
(b) Policy. (1) Unauthorized commitments do not legally obligate the
Commission for the expenditure of funds. If an unauthorized commitment
would have been valid had it been authorized by a contracting officer
acting within the limits of his delegated authority, then the
unauthorized commitment may be ratified in accordance with the
procedures prescribed in 3501.602-370. If an unauthorized commitment is
otherwise improper, it cannot be ratified and the Commission must deny
legal liability, in which case the individual who made the unauthorized
commitment may be personally liable for such action.
(2) The cognizant Head of the Contracting Activity (HCA) is the
ratification official for the approval of unauthorized commitments and
the Procurement Executive is the reviewing official for such approvals.
The HCA may ratify an unauthorized commitment only if:
(i) The conditions in FAR 1.602-3(c) are applicable, and
(ii) The Procurement Executive concurs with the proposed
ratification.
48 CFR 3501.602-370 Procedures.
These procedures apply to all unauthorized commitments, whether
written or oral and without regard to dollar value. Unauthorized
commitments (other than claims to be processed in accordance with FAR
subpart 33.2) shall be processed as follows:
(a) Whenever it is discovered that any person is performing or has
performed work as a result of an unauthorized commitment, that person
shall be advised by the cognizant contracting office that such work is
being or was performed at that person's own risk pending establishment
of valid contractual coverage.
(b) The individual who made the unauthorized commitment shall furnish
to the responsible contracting officer all records and documents
concerning the commitment and a complete, written statement of the facts
including, but not limited to, a description of the work or product
ordered; why the work or product was necessary to and for the benefit
of the Commission; the estimated or agreed upon price; citation of
funds available at time of commitment; the current status of
performance by the actual or prospective contractor; the reason why
normal acquisition procedures were not followed and, if a contract does
not exist, a statement as to why the prospective contractor was selected
including, if applicable, identification of other sources that were
considered.
(c) The responsible contracting officer shall --
(1) Obtain from the head of the requisitioning office with
appropriate approval authority:
(i) Affirmation that the Commission has or will obtain a benefit from
the unauthorized commitment,
(ii) A written certification by the responsible funding certification
officer that funds presently are available and were available at the
time the unauthorized commitment was made, and when applicable,
(iii) A statement of corrective action that office will take to
preclude repetition of the incident;
(2) Review and determine the adequacy of all facts, records, and
documents furnished, and when necessary, obtain any additional material
or information pertinent to the review and evaluation of the
unauthorized commitment;
(3) Determine whether the price is fair and reasonable, and state in
the record the reason therefor;
(4) Prepare, certify, and obtain any necessary written approval of a
justification for other than full and open competition when required
pursuant to FAR subpart 6.3;
(5) State in the record the corrective action to be taken to preclude
repetition of the incident if the individual that made the unauthorized
commitment is under the supervision of the responsible contracting
officer; and
(6) Forward the request for ratification (i.e., all the information
required in paragraphs (b) and (c) of this subsection) to the cognizant
HCA, together with a written recommendation of an appropriate course of
action including, at a minimum, a specific recommendation as to whether
payment should be made and the reasons therefor.
(d) The cognizant HCA, upon receipt and review of the request for
ratification file, shall determine whether ratification is in order. If
so, the HCA shall forward the file to the Procurement Executive for
review. If not, the HCA shall return the file to the responsible
contracting officer, together with a written explanation for the
decision and instructions for disposition of the case.
(e) The Procurement Executive shall review proposed ratifications
submitted by HCAs. If the Procurement Executive concurs that
ratification is in order, he shall obtain General Counsel concurrence
that payment may be made and return the file to the cognizant HCA for
that individual's ratification and subsequent return to the responsible
contracting officer together with, when appropriate, instructions to
issue a purchase order, contract, or contract modification, as
applicable. If the Procurement Executive does not concur with the
proposed ratification, he shall return the file to the HCA, together
with a written explanation for the decision and instructions for
disposition of the case. He will provide a copy to the General Counsel.
3501.603 Selection, appointment, and termination of appointment.
48 CFR 3501.603-1 General.
Heads of Contracting Activities may appoint as contracting officers
one or more capable and qualified individuals of their respective
staffs. These appointments may be made by memoranda delegating
contracting authority, including any limitations to such authority, to
positions or to named individuals. Appointments shall be evidenced by a
''Certificate of Appointment'', as required by FAR 1.603-3. If
contracting authority is delegated to a position by memorandum, the
''Certificate of Appointment'' shall state the name of the individual
assigned to the position.
3501.670 Legal review of proposed contract actions.
48 CFR 3501.670-1 Contract actions requiring legal review.
The following contract actions shall be submitted to the General
Counsel for review for legal sufficiency:
(a) All proposed contracts with an estimated cost of $100,000 or more
(in advance of issuance);
(b) All alleged mistakes in bids, other than apparent clerical
mistakes that can be corrected pursuant to FAR 14.406-2;
(c) All determinations and findings required under the FAR;
(d) All proposed utility contracts;
(e) All proposed contracts containing insurance requirements not
prescribed in the FAR or this PAR;
(f) In sealed bid procurements, all proposed awards to other than the
lowest responsible and responsive bidder;
(g) Rejections of all bids and cancellations of invitations for bids;
(h) Proposed letter contracts;
(i) Written protests, whether before or after award;
(j) Unusual, novel, or unique proposed agreements, and unsolicited
proposals that are to be negotiated pursuant to FAR subpart 15.5 and
subpart 3515.5;
(k) Proposed ADP contracts of $25,000 or more when purchase is to be
from other than a Federal Supply Service contract source;
(l) Termination actions, including pre-termination letters;
(m) All actions taken under the Disputes clause, including final
decisions;
(n) Any action concerning suspension or debarment of an individual or
concern;
(o) Deviations from the FAR or PAR;
(p) Any contract matter relating to litigation, disputes, or protest
resolution before the courts of the United States or of the Republic of
Panama, or before the Corps of Engineers Board of Contract Appeals or
the Comptroller General of the United States;
(q) Determinations of nonresponsibility;
(r) Any proposed contract modification, including proceed orders,
which may result in a change in the contract price of more than $25,000,
or any proposed contract modification or proceed order granting a time
extension of more than 20 calendar days;
(s) Any proposed contract modification resulting from either a
contractor's settlement proposal under the Termination for Convenience
clause, or a contractor's claim under the Suspension of Work clause,
regardless of the contract value or the terms of the proposed
modification;
(t) Freedom of Information Act and Privacy Act matters involving
contractors or arising under or in relation to any contract;
(u) Administrative setoffs to recoup Government funds under any
contract; and
(v) Requests for approval of advance payments on contracts other than
those excluded in FAR 32.404.
48 CFR 3501.670-2 Documents to be submitted for legal review.
The following documents are to be submitted in connection with
contract actions requiring legal review pursuant to 3501.670-1:
(a) For proposed construction contracts, a copy of the solicitation
documents, excluding drawings, prior to the time they are furnished to
prospective offerors, when feasible;
(b) For all other proposed contracts and agreements, a copy of the
document to be used in the solicitation and/or award, including any
other documents, excluding drawings, which support the proposed
procurement action, prior to the time they are mailed to the prospective
offerors, when feasible;
(c) For all other contract actions not specified in paragraph (a) or
(b) of this subsection, a copy of the document itself and copies of all
other documents, excluding drawings, relating to the action.
48 CFR 3501.670-3 General Counsel's legal review.
(a) The General Counsel shall conduct a review of the legal
sufficiency of the contract action. The General Counsel shall provide
to the contracting officer a written determination of whether the
proposed action is legally sufficient, or the details of any
insufficiency and a recommended course of action to overcome the
insufficiency. A contracting officer shall not take action which is
contrary to a written and timely determination of legal insufficiency
from the General Counsel.
(b) The General Counsel shall complete the legal review as quickly as
possible, with due regard to those procurement actions where
circumstances dictate an unusually short period for completing the
action.
48 CFR 3501.670-3 PART 3502 -- DEFINITIONS OF WORDS AND TERMS
Authority: 40 U.S.C. 486(c); Article XI of the Agreement in
Implementation of Article III of the Panama Canal Treaty of 1977.
Source: 55 FR 7638, Mar. 2, 1990, unless otherwise noted.
48 CFR 3501.670-3 Subpart 3502.1 -- Definitions
48 CFR 3502.101 Definitions.
Administrator means the chief executive officer of the Panama Canal
Commission. The Administrator, subject to the direction and under the
supervision of the Board of Directors, exercises general and active
control over the Commission's offices, business and operations, and
general supervision over its officials, agents, attorneys, and
employees. As contemplated at FAR 2.101, unless otherwise indicated,
''Administrator'' also means the Commission's Deputy Administrator.
Agency head means the Administrator of the Panama Canal Commission.
Bureau Director means an official appointed by the Administrator to
direct and manage one of the Commission's three operating bureaus.
Commission means the Panama Canal Commission.
Designated Agency Ethics Official means an individual appointed by
the Administrator pursuant to the ''Ethics in Government Act of 1978''
to coordinate and manage the agency's ethics program and to act as the
principal contact with the Office of Government Ethics.
Designated contractors (sometimes referred to as ''special regime
contractors'') means:
(a) (1) Natural persons who are nationals or permanent residents of
the United States, or
(2) Corporations or other legal entities organized under the laws of
the United States, any state thereof, or the District of Columbia, and
which are under the effective control of such natural persons --
(i) To whom contracts are awarded by the Panama Canal Commission for
work to be performed in whole or in part in the Republic of Panama, and
(ii) Who are so designated in writing by the Commission.
(b) The term also includes subcontractors of designated contractors
(1) who are nationals or permanent residents of the United States, or
(2) which are corporations or other legal entities organized under the
laws of the United States, any state thereof, or the District of
Columbia, and which are under the effective control of United States
nationals or permanent residents.
Head of Independent Unit means an official appointed by the
Administrator to direct and manage one of the Administrator's staff
offices.
Head of the Contracting Activity (HCA) means the General Services
Director and the Engineering and Construction Director.
Implementing Agreement means the Agreement in Implementation of
Article III of the Panama Canal Treaty (TIAS 10031), signed at
Washington, DC on September 7, 1977.
Inspector General means the Office of the Inspector General.
Procurement Executive means an individual designated as the senior
procurement executive pursuant to 41 U.S.C. 414(3), by the Administrator
from members of his staff. The Procurement Executive is delegated
agency-wide responsibility to oversee development of procurement
systems, establish procurement policy, evaluate procurement system
performance in accordance with approved criteria, carry out specific
responsibilities as assigned in this PAR, enhance career management of
the procurement work force, and certify to the Administrator that
procurement systems meet approved criteria.
Treaty means the Panama Canal Treaty (TIAS 10030), signed at
Washington, DC on September 7, 1977.
48 CFR 3502.101 PART 3503 -- IMPROPER BUSINESS PRACTICES AND PERSONAL
CONFLICTS OF INTEREST
Sec.
3503.000 Scope of part.
48 CFR 3502.101 Subpart 3503.1 -- Safeguards
3503.101 Standards of conduct.
3503.101-3 Agency regulations.
3503.103 Independent pricing.
3503.103-2 Evaluating the certification.
48 CFR 3502.101 Subpart 3503.2 -- Contractor Gratuities to Government
Personnel
3503.203 Reporting suspected violations of the Gratuities clause.
3503.204 Treatment of violations.
48 CFR 3502.101 Subpart 3503.3 -- Reports of Suspected Antitrust
Violations
3503.301 General.
48 CFR 3502.101 Subpart 3503.4 -- Contingent Fees
3503.408 Evaluation of the SF 119.
3503.408-1 Responsibilities.
3503.409 Misrepresentations or violations of the Covenant Against
Contingent Fees.
48 CFR 3502.101 Subpart 3503.5 -- Other Improper Business Practices
3503.502 Subcontractor kickbacks.
3503.502-2 General.
48 CFR 3502.101 Subpart 3503.6 -- Contracts with Government Employees or
Organizations Owned or Controlled by Them
3503.600-70 Scope of subpart.
3503.600-71 Definitions.
3503.601 Policy.
3503.602 Exceptions.
3503.603 Responsibilities of the contracting officer.
3503.670 Exclusions.
Authority: 40 U.S.C. 486(c).
Source: 55 FR 7638, Mar. 2, 1990, unless otherwise noted.
48 CFR 3503.000 Scope of part.
This part implements FAR part 3, cites Commission regulations on
employee responsibilities and conduct, establishes responsibility for
reporting violations and related actions, and provides for authorization
of exceptions to policy.
48 CFR 3503.000 Subpart 3503.1 -- Safeguards
3503.101 Standards of conduct.
48 CFR 3503.101-3 Agency regulations.
Commission regulations on Employee Responsibilities and Conduct are
contained in the Commission's ''Employee Code of Conduct''. All
personnel involved in acquisition actions shall become familiar with the
statutory and regulatory prohibitions governing employee conduct. Any
problems or questions concerning standards of conduct shall be referred
to the Designated Agency Ethics Official.
3503.103 Independent pricing.
48 CFR 3503.103-2 Evaluating the certification.
(b)(3) Whenever an offer is rejected under FAR 3.103-2, or the
Certificate of Independent Price Determination is suspected of being
false, the contracting officer shall report the situation to the General
Counsel through the cognizant Head of the Contracting Activity for
referral to the Attorney General in accordance with FAR 3.303.
48 CFR 3503.103-2 Subpart 3503.2 -- Contractor Gratuities to Government Personnel
48 CFR 3503.203 Reporting suspected violations of the Gratuities clause.
Any Commission employee who suspects that a violation of the
Gratuities clause has occurred shall immediately report the suspected
violation to the cognizant Head of the Contracting Activity. Upon being
notified of the suspected violation, the HCA shall inform the Designated
Agency Ethics Official and the Procurement Executive, by written
memorandum, of the pertinent details of the suspected violation.
48 CFR 3503.204 Treatment of violations.
(b) When the HCA determines that there is probable cause to believe
that a violation of the Gratuities clause has been committed, the case
shall be handled as provided in the Commission debarment and suspension
procedures in subpart 3509.4.
(c) The final decision as to which remedies the Commission may pursue
if a violation of the Gratuities clause is found by the Debarment
Committee (see 3509.406-3(b)), is reserved to the Administrator.
48 CFR 3503.204 Subpart 3503.3 -- Reports of Suspected Antitrust Violations
48 CFR 3503.301 General.
(b) The contracting officer shall report any suspected violations of
antitrust laws to the General Counsel through the cognizant Head of the
Contracting Activity for referral to the Attorney General and the
Commission's Debarment Committee in accordance with FAR subpart 3.3.
48 CFR 3503.301 Subpart 3503.4 -- Contingent Fees
3503.408 Evaluation of the SF 119.
48 CFR 3503.408-1 Responsibilities.
(b) The contracting officer's documentation of the evaluation of the
Standard Form 119, Statement of Contingent or Other Fees, conclusions,
and any proposed actions shall be reviewed by the cognizant Head of the
Contracting Activity in coordination with the General Counsel.
48 CFR 3503.409 Misrepresentations or violations of the Covenant Against
Contingent Fees.
(a) Commission personnel who suspect or have evidence of attempted or
actual exercise of improper influence, misrepresentations, or violations
of the Covenant Against Contingent Fees shall report the matter promptly
to the Designated Agency Ethics Official and the cognizant Head of the
Contracting Activity.
48 CFR 3503.409 Subpart 3503.5 -- Other Improper Business Practices
3503.502 Subcontractor kickbacks.
48 CFR 3503.502-2 General.
Any Commission employee who suspects that a violation of the
Anti-Kickback Act has occurred shall immediately report the suspected
violation to the Designated Agency Ethics Official and the cognizant
Head of the Contracting Activity. Suspected violations shall be treated
in accordance with the debarment and suspension procedures at subpart
3509.4.
48 CFR 3503.502-2 Subpart 3503.6 -- Contracts with Government Employees or Organizations Owned or Controlled by Them
48 CFR 3503.600-70 Scope of subpart.
This subpart implements and supplements FAR subpart 3.6 and sets
forth Commission policy and procedures for identifying and dealing with
conflicts of interest and improper influence or favoritism in connection
with contracts involving current or former Commission employees. This
subpart does not apply to agreements with other departments or agencies
of the Federal Government.
48 CFR 3503.600-71 Definitions.
Commission employee means:
(a) Any officer or employee of the Panama Canal Commission who is
employed or appointed, with or without compensation, to serve more than
130 days during any period of 365 consecutive days, or
(b) Any officer or employee of the Commission who is retained,
designated, appointed or employed to perform, with or without
compensation, temporary duties either on a full-time or intermittent
basis for not more than 130 days during any period of 365 consecutive
days and who actually served more than 60 days during such 365-day
period.
48 CFR 3503.601 Policy.
Except as authorized at 3503.602 or excluded at 3503.670, no contract
shall be awarded without competition to a --
(a) Former Commission employee (or to a business concern or other
organization owned or substantially owned or controlled by a former
Commission employee) whose employment terminated within 365 calendar
days before submission of an offer to the Commission; or
(b) Prospective contractor which employs, or proposes to employ, a
current Commission employee or a former Commission employee whose
employment terminated within 365 calendar days before submission of an
offer to the Commission, if either of the following conditions exist:
(1) The current or former Commission employee is or was involved in
developing or negotiating the offer for the prospective contractor.
(2) The current or former Commission employee will be involved
directly or indirectly in the management, administration, or performance
of the contract.
48 CFR 3503.602 Exceptions.
(a) The Director, Office of Executive Administration in his capacity
as the Designated Agency Ethics Official may authorize an exception, in
writing, to the policy in FAR 3.601 and 3503.601 for the reasons stated
in FAR 3.602, if the exception would not involve a violation of 18
U.S.C. 203, 18 U.S.C. 205, 18 U.S.C. 207, 18 U.S.C. 208, section 27 of
the Office of Federal Procurement Policy Act, or Commission regulations
in the ''Employee Code of Conduct''. The Director, Office of Executive
Administration shall consult with the cognizant Bureau or Staff Director
who originated the request and with the General Counsel before
authorizing any exceptions.
(b) This subpart does not apply to subcontracts, that is, agreements
to undertake part of the work as an independent contractor. However,
where subcontracts essentially create an ''employer-employee''
relationship between the Commission and the subcontractors, the subpart
shall apply. In determining whether such a relationship exists, the
contracting officer shall generally be guided by the standards of
Chapter 304, Subchapter 1-4 of the ''Federal Personnel Manual'' in
distinguishing between employees and independent contractors.
48 CFR 3503.603 Responsibilities of the contracting officer.
Before awarding a contract, the contracting officer shall obtain an
authorization under 3503.602 for any of the reasons stated in FAR 3.603.
48 CFR 3503.670 Exclusions.
Former or current Commission employees who participated personally
and substantially in the conduct of any Commission procurement of
supplies or services, including those who were responsible for reviewing
and approving the award, modification, or extension of any contract for
such procurement, are excluded from the 365 calendar day ''before
submission of an offer'' time period specified in 3503.601 (a) and (b).
Instead, the time period for such employees shall be two years after the
last date the employee participated personally and substantially in the
conduct of any Commission procurement of supplies or services, or
personally reviewed and approved the award, modification, or extension
of any contract for such procurement. This two-year prohibition applies
irrespective of whether the contract being sought is on a competitive or
noncompetitive basis.
48 CFR 3503.670 PART 3504 -- ADMINISTRATIVE MATTERS
48 CFR 3503.670 Subpart 3504.6 -- Contract Reporting
Sec.
3504.602 Federal Procurement Data System.
3504.903 Procedures.
Authority: 40 U.S.C. 486(c).
Source: 55 FR 7640, Mar. 2, 1990, unless otherwise noted.
48 CFR 3503.670 Subpart 3504.6 -- Contract Reporting
48 CFR 3504.602 Federal Procurement Data System.
(b) As indicated in the FPDS Reporting Manual, the Commission is
exempt from the reporting requirements of the Federal Procurement Data
System, except for the procurement data that is required to be provided
in accordance with Public Law 96-39 (Trade Agreements Act of 1979) as
prescribed by OFPP Policy Letter 80-8 (as amended).
48 CFR 3504.903 Procedures.
The Commission will report the information required under FAR
4.902(b) directly to the IRS.
48 CFR 3504.903 SUBCHAPTER B -- COMPETITION AND ACQUISITION PLANNING
48 CFR 3504.903 PART 3505 -- PUBLICIZING CONTRACT ACTIONS
Sec.
3505.000 Scope of part.
48 CFR 3504.903 Subpart 3505.2 -- Synopses of Proposed Contract Actions
3505.202 Exceptions.
48 CFR 3504.903 Subpart 3505.5 -- Paid Advertisements
3505.502 Authority.
3505.503 Procedures.
3505.503-70 Authorization.
Authority: 40 U.S.C. 486(c); Article IX of the Agreement in
Implementation of Article III of the Panama Canal Treaty of 1977.
Source: 55 FR 7640, Mar. 2, 1990, unless otherwise noted.
48 CFR 3505.000 Scope of part.
This part implements FAR part 5 and provides Commission policies and
procedures for publicizing contract opportunities, and provides for an
additional exception to the requirements for use of ''Commerce Business
Daily'' notices.
48 CFR 3505.000 Subpart 3505.2 -- Synopses of Proposed Contract Actions
48 CFR 3505.202 Exceptions.
(a)(13) The contract action is one for which participation in the
acquisition will be limited to sources in Panama pursuant to the
conditions prescribed in 3570.102(e). The Procurement Executive will
monitor and maintain a record of proposed contract actions that are
exempt from the notice requirements of FAR 5.201 by operation of this
exception.
48 CFR 3505.202 Subpart 3505.5 -- Paid Advertisements
48 CFR 3505.502 Authority.
(a) Newspapers. Authority to approve the publication of paid
advertisements in newspapers is vested in the HCA or designee.
48 CFR 3505.503 Procedures.
(a) General. When there is a reasonable probability that supplies or
services (including construction) are available in Panama that are
comparable in quality and price to those which may be obtained from
other sources, and when local advertising is reasonably practical, the
contracting officer shall request authorization from the HCA or designee
to advertise the procurement action within the appropriate Panamanian
market. The request for authorization shall include --
(1) A description of the proposed procurement action and the supplies
or services to be procured;
(2) A description of how the determination was made that the
Panamanian preference may apply; and
(3) A summary of how the appropriate advertising market was
identified.
48 CFR 3505.503-70 Authorization.
The HCA or designee shall review the request for authorization of
paid advertising and, if concurring, shall grant authorization in
writing to the contracting officer to proceed. The written
authorization shall specify any limitations on the advertising that are
deemed appropriate. The HCA shall furnish a copy of each such
authorization to the Procurement Executive.
48 CFR 3505.503-70 PART 3506 -- COMPETITION REQUIREMENTS
Sec.
3506.000 Scope of part.
48 CFR 3505.503-70 Subpart 3506.3 -- Other Than Full and Open
Competition
3506.300 Scope of subpart.
3506.302-4 International agreement.
3506.303 Justifications.
3506.303-1 Requirements.
3506.303-2 Content.
3506.304 Approval of the justification.
3506.304-70 Class justifications.
48 CFR 3505.503-70 Subpart 3506.5 -- Competition Advocate
3506.501 Requirement.
Authority: 40 U.S.C. 486(c); Article IX of the Agreement in
Implementation of Article III of the Panama Canal Treaty of 1977.
Source: 55 FR 7640, Mar. 2, 1990, unless otherwise noted.
48 CFR 3506.000 Scope of part.
This part implements FAR part 6 and prescribes Commission policies
and procedures related to competition requirements.
48 CFR 3506.000 Subpart 3506.3 -- Other Than Full and Open Competition
48 CFR 3506.300 Scope of subpart.
This subpart provides guidance on:
(a) The application of the Panama Canal Treaty of 1977 between the
United States and Panama as an exemption to the requirement for full and
open competition, and
(b) The preparation and approval of individual and class
Justifications for Other Than Full and Open Competition (JOFOC's).
48 CFR 3506.302-4 International agreement.
(a) Authority. Article IX of the Agreement in Implementation of
Article III of the Panama Canal Treaty of 1977 establishes that the
Commission shall give preference to Panamanian supplies and services in
its procurement activities. Such preference is understood to mean that
if supplies or services (including construction) of comparable quality
and price are available when required and can be obtained from sources
both within and without the Republic of Panama, preference shall be
afforded to those sources within the Republic of Panama to the maximum
extent possible. When choosing between goods from sources within the
Republic of Panama, preference shall be given to those with a larger
percentage of components of Panamanian origin. This is not intended to
require the purchase of Panamanian supplies and services, as defined
herein, where superior quality or lower prices are available from other
sources. Part 3570 sets forth specific guidance and policy with respect
to the Commission's implementation of Article IX.
(c) Limitations. Solicitations above the small purchase limitation
that are intended for exclusive acquisition from sources in Panama shall
be supported by a class or individual determination and findings as
required by 3570.102(e).
3506.303 Justifications.
48 CFR 3506.303-1 Requirements.
(c) The scope of the actual procurement shall not exceed the scope of
the proposed procurement cited in the JOFOC. If a change to the
contract exceeds this limitation, the contract change shall not be
consummated until an amended JOFOC has been approved.
(d) When contract actions are subject to the Agreement on Government
Procurement and the authority of FAR 6.302-3(a)(2)(i) or 6.302-7 is
being cited as the basis for not providing full and open competition, a
copy of the justification shall be forwarded to the Procurement
Executive as the point of contact with the Office of the United States
Trade Representative.
48 CFR 3506.303-2 Content.
In addition to the requirements of FAR 6.303-2, the justification
shall include --
(a) The type of contract;
(b) A statement of delivery requirements;
(c) The total estimated dollar value, including options, for the
acquisitions covered by the justification; and
(d) A copy of the approved Acquisition Plan when the acquisitions
meet the criteria for a written Acquisition Plan under subpart 3507.1.
48 CFR 3506.304 Approval of the justification.
(a) Except as noted at FAR 6.304(b), the approval of a justification
for other than full and open competition shall be in writing and at the
levels given below --
(1) For a proposed contract not exceeding $100,000, the HCA is the
approval authority. This approval is not required when the contract is
one of those cited in FAR 6.304(a)(1) (i) through (iv).
(2) For a proposed contract over $100,000, but not exceeding
$1,000,000, the Competition Advocate is the approval authority.
(3) For a proposed contract over $1,000,000, but not exceeding
$5,000,000, the Procurement Executive is the approval authority.
(4) For a proposed contract over $5,000,000, the Administrator is the
approval authority.
(b) Contracting officers shall consult with the Competition Advocate
prior to submitting any justification for approval pursuant to paragraph
(a) of this section.
48 CFR 3506.304-70 Class justifications.
(a) Class justifications shall be approved in the same manner as
individual justifications. To determine the approval level for a class
justification, the aggregate estimated dollar value of all actions
contemplated for one year shall be used to establish the appropriate
dollar threshold for approval.
(b) The following are examples of appropriate class justifications:
(1) A basic ordering agreement (BOA) including all orders to be
issued under the BOA for the term of the BOA;
(2) Contracts to be awarded to more than one contractor to provide
Government-furnished property for assembly into an end item, in which
case the circumstances of the class justification must justify all the
contracts proposed under the justification.
(c) Requests for approval at any level must be submitted to the
approval authority before release of the solicitation. The solicitation
shall not be released until the justification is approved in writing
(but see FAR 6.303-1(e)).
(d) The Procurement Executive shall maintain a list of products,
materials, and services that have been granted a class justification for
exclusive acquisition from sources in Panama (see 3506.302-4(c)).
48 CFR 3506.304-70 Subpart 3506.5 -- Competition Advocate
48 CFR 3506.501 Requirement.
The Administrator shall designate in writing one Competition Advocate
who shall serve as the agency and procuring activities competition
advocate for all Commission acquisitions.
48 CFR 3506.501 PART 3507 -- ACQUISITION PLANNING
48 CFR 3506.501 Subpart 3507.1 -- Acquisition Plans
Sec.
3507.103 Agency-head responsibilities.
48 CFR 3506.501 Subpart 3507.3 -- Contractor Versus Government
Performance
3507.301 Policy.
Authority: 40 U.S.C. 486(c).
Source: 55 FR 7641, Mar. 2, 1990, unless otherwise noted.
48 CFR 3506.501 Subpart 3507.1 -- Acquisition Plans
48 CFR 3507.103 Agency-head responsibilities.
(c)(1) Formal acquisition planning provided at FAR subpart 7.1 is
primarily designed for complex and costly acquisitions. However, the
disciplines of the prescribed planning process are useful to all
acquisitions, even if on a less formal basis.
(2) Written acquisition plans shall be prepared for --
(i) All development (see FAR 35.001) acquisitions whose estimated
contractual cost is $1,000,000 or more annually;
(ii) Supply, service, and construction acquisitions whose estimated
contractual cost is $3,000,000 or more for any fiscal year. Excluded
are repetitive requirements-type and fuel contracts.
(d) The Acquisition Plan (AP) shall include all subsystems,
Government-furnished property, major component contractual actions, and
all other contracts which have a significant effect on the total
program.
(f) The planner for acquisitions requiring a formal, written plan
shall be the program manager or other official having overall
responsibility for the program concerned.
(g)(1) The planner shall obtain the written concurrence of the
appropriate contracting officer for each acquisition plan.
(2) The Head of the Contracting Activity shall review and approve the
acquisition plan and ensure that (i) the objectives of the AP are
realistic and achievable, and (ii) solicitations and contracts are
appropriately structured to equitably distribute the technical,
financial, and business risks, considering the phase of the acquisition,
the technical requirements, and business and legal constraints.
(3) Acquisition plans shall be furnished by the cognizant HCA to the
Procurement Executive.
(j) When a need is urgent enough to require an unusually compressed
delivery or performance schedule, and the preparation of a detailed
written AP would interfere with the successful meeting of that schedule,
the Procurement Executive may waive appropriate requirements of FAR
subpart 7.1 and this subpart 3507.1. The waiver shall be in writing and
shall specifically designate those requirements that are waived.
48 CFR 3507.103 Subpart 3507.3 -- Contractor Versus Government Performance
48 CFR 3507.301 Policy.
(a) For the purposes of OMB Circular No. A-76, a commercial source
is defined as ''a business or other non-Federal activity located in the
United States, its territories and possessions, the District of Columbia
or the Commonwealth of Puerto Rico, which provides a commercial product
or service.'' Accordingly, by virtue of the Commission's location in the
Republic of Panama, FAR subpart 7.3 is not applicable to the Panama
Canal Commission because commercial services would have to be contracted
out to sources located in Panama. Commission policy regarding
commercial services to be contracted out to sources in Panama is set
forth in paragraph (b) of this section.
(b) Commercial work and services shall be contracted out when there
are available reliable local contractors and the expected cost is
beneficial to the Commission. However, when commercial work/service to
be done requires skills that the Commission should have and/or develop,
then a careful evaluation shall be made before such work/service is
contracted outside the agency. The cognizant Head of the Contracting
Activity shall be the approving official for commercial work and
services to be contracted out pursuant to this policy.
48 CFR 3507.301 PART 3508 -- REQUIRED SOURCES OF SUPPLIES AND SERVICES
Sec.
3508.001 Priorities for use of Government supply sources.
48 CFR 3507.301 Subpart 3508.4 -- Ordering from Federal Supply Schedules
3508.404 Using schedules.
3508.404-1 Mandatory use.
Authority: 40 U.S.C. 486(c); Article IX of the Agreement in
Implementation of Article III of the Panama Canal Treaty of 1977.
Source: 55 FR 7642, Mar. 2, 1990, unless otherwise noted.
48 CFR 3508.001 Priorities for use of Government supply sources.
(a) Under Article IX of the Agreement in Implementation of Article
III of the Panama Canal Treaty of 1977, the Panama Canal Commission is
required under certain conditions to give preference, to the maximum
extent possible, to procuring supplies and services obtainable in Panama
(see 3506.302-4(a), subpart 3525.8, and part 3570). Therefore, when
supplies or services are to be procured from sources in Panama under the
preference requirement of Article IX, the mandatory use of sources for a
like item of supply or service, as required by FAR part 8, shall not be
applicable.
48 CFR 3508.001 Subpart 3508.4 -- Ordering from Federal Supply Schedules
3508.404 Using schedules.
48 CFR 3508.404-1 Mandatory use.
When supplies or services are procured from sources in Panama under
the preference requirement of Article IX, as stated in 3508.001(a), the
mandatory use of a Federal Supply Schedule for a like item of supply or
service shall not be applicable. When a procurement is not made under
the Panamanian preference of Article IX, and delivery or performance is
to be made in Panama, the mandatory supply schedule should be carefully
evaluated for the following exceptions to mandatory use:
(d) Geographic coverage. Each Federal Supply Schedule delineates the
specific geographic area for which it is mandatory for use. The
geographic area applies to the location where final delivery of the
supplies is to be made, or the service to be performed, and not to the
location of the ordering office. In most cases, the Republic of Panama
will not be within the geographic limitations of the schedule and
mandatory use will not be applicable. The mandatory use provisions of
FAR 8.4 and 41 CFR 101-26.4 are applicable to Commission offices located
in the United States when ordering supplies or services to be delivered
or performed in the United States for their own use.
(e) Lower prices for identical items. The Commission may purchase
products from any source pursuant to the conditions set forth in FAR
8.404-1(e).
48 CFR 3508.404-1 PART 3509 -- CONTRACTOR QUALIFICATIONS
Sec.
3509.000 Scope of part.
48 CFR 3508.404-1 Subpart 3509.1 -- Responsible Prospective Contractors
3509.104-3 Application of standards.
3509.106 Preaward surveys.
3509.106-70 Professional type services preaward surveys.
48 CFR 3508.404-1 Subpart 3509.2 -- Qualification Requirements
3509.202 Policy.
3509.206 Acquisitions subject to qualification requirements.
3509.206-1 General.
48 CFR 3508.404-1 Subpart 3509.4 -- Debarment, Suspension, and
Ineligibility
3509.404 Parties excluded from procurement programs.
3509.406 Debarment.
3509.406-1 General.
3509.406-2 Causes for debarment.
3509.406-3 Procedures.
3509.407 Suspension.
3509.407-3 Procedures.
48 CFR 3508.404-1 Subpart 3509.5 -- Organizational Conflicts of Interest
3509.500 Scope of subpart.
3509.502 Applicability.
3509.503 Waiver.
3509.504 Contracting officer responsibilities.
3509.506 Information sources.
3509.507 Procedures.
3509.508 Solicitation provision and contract clause.
3509.508-1 Solicitation provision.
3509.508-2 Contract clause.
Authority: 40 U.S.C. 486(c).
Source: 55 FR 7642, Mar. 2, 1990, unless otherwise noted.
48 CFR 3509.000 Scope of part.
This part implements FAR part 9 and provides Commission policy and
procedures pertaining to: contractor's responsibility; debarment,
suspension, and ineligibility; qualified products; and organizational
conflicts of interest.
48 CFR 3509.000 Subpart 3509.1 -- Responsible Prospective Contractors
48 CFR 3509.104-3 Application of standards.
(c) Satisfactory performance record. If the contracting officer
invokes the presumption of nonresponsibility required by FAR 9.104-3(c),
the contracting officer shall give notice, together with the reasons for
invoking the presumption, to the Procurement Executive.
3509.106 Preaward surveys.
48 CFR 3509.106-70 Professional type services preaward surveys.
(a) Generally, preaward surveys are not performed for acquisition of
professional type services such as those provided by medical doctors,
lawyers or other licensed and/or regulated professions.
(b) To assist in making a determination of responsibility for
professional type services, the types of information listed below shall
be obtained from the offeror when applicable:
(1) Organizational structure and plan contemplated to accomplish the
service;
(2) Summary of experience in performing the same or similar service;
(3) Resumes of key personnel with particular emphasis on academic
accomplishments pertinent to the service to be performed;
(4) Evidence of professional liability insurance, or evidence such
insurance can be obtained;
(5) Membership in professional organizations;
(6) Information on pertinent state and local licenses; and
(7) Information on the firm or key individuals that reflect their
status or professional recognition in their field of endeavor, such as
awards and published articles in professional journals or magazines.
(c) When the statement of work includes a review of credentials by
the requiring activity, this review should be considered a part of the
preaward survey, and other information requested from the offeror should
be minimized.
48 CFR 3509.106-70 Subpart 3509.2 -- Qualification Requirements
48 CFR 3509.202 Policy.
(a)(1) The contracting officer shall ensure that the written
justification required by FAR 9.202(a)(1) is prepared prior to
establishing a requirement for testing or other quality assurance
demonstration that must be completed by an offeror before the offeror is
awarded a contract.
3509.206 Acquisitions subject to qualification requirements.
48 CFR 3509.206-1 General.
(b) The contracting officer is designated to make the determination
required by FAR 9.206-1(b).
48 CFR 3509.206-1 Subpart 3509.4 -- Debarment, Suspension, and Ineligibility
48 CFR 3509.404 Parties excluded from procurement programs.
(c) The Chairman of the Debarment Committee (see 3509.406-3(b)) shall
carry out the actions required by FAR 9.404(c).
3509.406 Debarment.
48 CFR 3509.406-1 General.
(a) The Administrator shall be the Commission debarring official.
48 CFR 3509.406-2 Causes for debarment.
In addition to the causes listed in FAR 9.406-2, the use of a Panama
Canal Commission employee or a member of the Commission's Board of
Directors as an agent or advocate for a Commission contractor, or
prospective contractor, shall be a cause for debarment.
48 CFR 3509.406-3 Procedures.
(a) Investigation and referral. (1) Any Commission employee who
suspects that a violation possibly warranting debarment may have
occurred shall immediately report the suspected violation to the General
Counsel.
(i) Any Commission employee who discovers that a debarred individual
or firm has reestablished itself under a new name shall immediately
notify the General Counsel directly or through appropriate channels.
(ii) Any Commission employee having information relating to a
Commission employee acting for or otherwise representing a contractor
doing business with the Commission shall immediately notify the General
Counsel.
(2) Upon being notified of a suspected violation, the General Counsel
shall refer the matter to the Inspector General for investigation and
shall notify the contracting officer and the HCA.
(3) The contracting officer shall, in coordination with the Inspector
General and the General Counsel, assemble all pertinent information and
prepare a report containing all available evidentiary material,
including copies of indictments and conviction notices when applicable,
and the names of any affiliates and their officers associated with a
contractor suspected of a violation.
(4) The contracting officer shall submit the report through the HCA
to the Debarment Committee.
(5) Any recommendation by the HCA, including a recommendation not to
debar, shall be submitted with rationale to the Debarment Committee
along with the contracting officer's report.
(b) Decisionmaking process. (1) The Debarment Committee shall
consist of:
(i) Voting members --
(A) Chairman -- A member appointed in writing by the Procurement
Executive. The Chairman shall receive nominations for membership on the
Committee as follows:
(B) Member -- Office of General Counsel,
(C) Member -- Engineering and Construction Bureau,
(D) Member -- General Services Bureau, and
(E) Member -- Office of Executive Administration;
(ii) Nonvoting members --
(A) Recording Secretary, to be appointed by the Chairman, and
(B) Legal advisor (who shall be nominated by the General Counsel and
who shall always be someone other than the Office of General Counsel
voting member).
(2) Upon review of the report submitted by the contracting officer,
the Debarment Committee shall review all available information and
recommend debarment action when warranted by the facts. If necessary,
additional information may be solicited from appropriate sources.
(3) Where actions are not based upon a conviction or judgment, or
where there is a genuine dispute over the facts, an opportunity shall be
provided to the contractor to appear before the Committee, be
represented by counsel, submit evidence, and confront witnesses, as
prescribed in FAR 9.406-3(b)(2)(i).
(4)(i) If the Committee recommends debarment, a memorandum setting
forth the facts which establish the basis for the recommendation shall
be submitted to the debarring official recommending the period of
debarment, consistent with FAR 9.406-4, and the supporting reasons.
(ii) A notice of proposal to debar, addressed to each company,
affiliate, and individual involved in the violation, shall accompany the
memorandum to the debarring official.
(5) The debarring official shall take the actions required by FAR
9.406-3 (c), (d), and (e).
(6) These procedures apply equally to U.S., Panamanian, and third
country nationals or firms contracting with the Panama Canal Commission.
(7) The Commander in Chief, Southern Command (USCINCSO) shall be
notified of any Commission debarment or suspension decision made
pursuant to 3509.406-3 or 3509.407-3. The USCINCSO maintains a
consolidated list of contractors in Central and South America to whom
contracts will not be awarded and from whom bids or proposals will not
be solicited.
(55 FR 7642, Mar. 2, 1990; 55 FR 38331, Sept. 18, 1990)
3509.407 Suspension.
48 CFR 3509.407-3 Procedures.
The investigation, decision, and notice procedures established in
3509.406-3 for debarment also apply to suspension actions. Notice of
Suspension shall be provided to USCINCSO as indicated in
3509.406-3(b)(7).
48 CFR 3509.407-3 Subpart 3509.5 -- Organizational Conflicts of Interest
48 CFR 3509.500 Scope of subpart.
This subpart establishes Commission policy and procedures for
identifying, evaluating, and resolving organizational conflicts of
interest. It is the Commission's policy to avoid, neutralize, or
mitigate organizational conflicts of interest. If the Commission is
unable to neutralize or mitigate the effects of a potential conflict of
interest, it will disqualify the prospective contractor or will
terminate the contract when potential or actual conflicts are identified
after award.
48 CFR 3509.502 Applicability.
This subpart applies to all Commission contracts except agreements
with other Federal agencies.
48 CFR 3509.503 Waiver.
The Commission's General Counsel is designated as the authority to
waive any general rule or procedure of this subpart by determining that
its application in a particular situation would not be in the
Commission's interest. Any request for waiver must be in accordance
with FAR 9.503.
48 CFR 3509.504 Contracting officer responsibilities.
(a) Contracting officers will be responsible for determining the
existence of actual and potential organizational conflicts of interest
which would result from the award of the contract. The contracting
officer will be guided by information submitted by offerors and by the
contracting officer's own judgment. The contracting officer may obtain
the advice of legal counsel and the assistance of technical specialists
in evaluating potential organizational conflicts.
(b) If it is determined that organizational conflicts of interest
will be created by the award of the contract, the contracting officer
may find an offeror nonresponsible.
(c) Notwithstanding the existence of organizational conflicts of
interest, it may be determined that the award of the contract would be
in the best interest of the Commission. In that case, the contracting
officer may, with the approval of the cognizant Head of the Contracting
Activity, set terms and conditions which will reduce the organizational
conflicts of interest to the greatest extent possible.
(d) The contracting officer shall, in addition to any certifications
required by this subpart, require in all solicitations for consulting
services that the offeror submit as part of an offer a statement which
discloses all relevant facts relating to existing or potential
organizational conflicts of interest surrounding the contract, including
disclosure of such conflicts of interest with respect to proposed
subcontractors.
48 CFR 3509.506 Information sources.
(a) Disclosure. At the request of the contracting officer,
prospective Commission contractors responding to solicitations or
submitting unsolicited proposals shall provide information to the
contracting officer for use in identifying, evaluating, or resolving
potential organizational conflicts of interest. The submittal may be a
certification or a disclosure, pursuant to paragraphs (a)(1) or (2) of
this section.
(1) If the prospective contractor is not aware of any information
bearing on the existence of any organizational conflict of interest, the
contractor shall so certify.
(2) Prospective contractors not certifying in accordance with
paragraph (a)(1) of this section must provide a disclosure statement
which describes concisely all relevant facts concerning any past,
present, or planned interests relating to the work to be performed and
bearing on whether they, including their chief executives, directors, or
any proposed consultant or subcontractor, may have a potential
organizational conflict of interest.
(b) Failure to disclose information. Any prospective contractor
failing to provide full disclosure, certification, or other required
information will not be eligible for award. Nondisclosure or
misrepresentation of any relevant information may also result in
disqualification from award, termination of the contract for default, or
debarment from Government contracts, as well as other legal action or
prosecution. In response to solicitations requesting the information in
paragraph (a) of this section, the Commission will consider any
inadvertent failure to provide disclosure certification as a ''minor
informality'' (as explained in FAR 14.405); however, the prospective
contractor must correct the omission promptly.
(c) Exception. When the contractor has previously submitted a
conflict of interest certification or disclosure for a contract, only an
update of such statement is required when the contract is modified.
48 CFR 3509.507 Procedures.
(a) The contracting officer shall document in writing the resolution
of any potential or actual conflicts of interest identified. This
documentation shall be reviewed and approved by the General Counsel
prior to award. If the organizational conflict of interest cannot be
resolved, the contracting officer shall disqualify the prospective
contractor from receiving the contract award.
(b) The General Counsel shall review and make the final decision
required at FAR 9.507(c)(4) on any contractor request for higher review
of the contracting officer's decision.
3509.508 Solicitation provision and contract clause.
48 CFR 3509.508-1 Solicitation provision.
The contracting officer shall insert the provision at 3552.209-70,
Organizational Conflict of Interest Certification/Disclosure in
solicitations that in the contracting officer's judgment may be
susceptible to organizational conflicts of interest.
48 CFR 3509.508-2 Contract clause.
The contracting officer shall insert the clause at 3552.209-71,
Organizational Conflict of Interest, in solicitations and contracts that
will include the provision at 3552.209-70, Organizational Conflict of
Interest Certification/Disclosure.
48 CFR 3509.508-2 PART 3510 -- SPECIFICATIONS, STANDARDS, AND OTHER
PURCHASE DESCRIPTIONS
Sec.
3510.001 Definitions.
3510.004 Selecting specifications or descriptions for use.
3510.004-70 Brand name or equal purchase descriptions.
3510.007 Deviations.
3510.011 Solicitation provisions and contract clauses.
Authority: 40 U.S.C. 486(c).
Source: 55 FR 7644, Mar. 2, 1990, unless otherwise noted.
48 CFR 3510.001 Definitions.
Salient characteristics mean those particular characteristics that
specifically describe the essential physical and/or functional features
of a brand name product. They are those essential physical and/or
functional features which are identified in the specifications as a
mandatory requirement which a proposed ''equal'' product must possess in
order for the product to be considered responsive. The term excludes
those physical and/or functional features of a brand name product that:
(a) Are not essential to the needs of the Commission, or
(b) Do not affect the suitability of the product for its intended
use.
3510.004 Selecting specifications or descriptions for use.
48 CFR 3510.004-70 Brand name or equal purchase descriptions.
(a) Purchase descriptions which contain references to one or more
brand name products followed by the words ''or equal'' may be used only
under the conditions indicated in FAR 10.004(b) (2) and (3) and shall be
in accordance with this subsection. The office initiating the ''brand
name or equal'' purchase request is responsible for documenting to the
contracting officer's satisfaction that the conditions for its use are
valid. Where feasible, all known acceptable brand name products should
be referenced.
(b) The words ''or equal'' should not be added when the contracting
officer has determined, with the concurrence of the General Counsel and
the signed approval of the cognizant HCA, that only a particular product
meets the essential requirements of the Commission.
(c) Brand name or equal purchase descriptions shall include, in
addition to those characteristics set forth in FAR 10.004(b)(1) to the
extent they are applicable, the following type of information to clearly
identify the specific item named by brand(s) and its salient
characteristics:
(1) Complete common generic identification of the item required;
(2) Applicable model, make, or catalog number for each brand name
product referenced, and identity, if applicable, of the commercial
catalog in which it appears;
(3) Name of manufacturer, producer, or distributor of each brand name
product reference (and address if company is not well known); and
(4) All salient characteristics of the brand name product or products
which have been determined by the initiating office, with the
concurrence of the contracting officer, to be essential to meet the
Commission's minimum physical and/or functional requirements. The
purchase description shall state or otherwise indicate that the salient
characteristics are mandatory features which proposed equal products
must possess in order to be considered responsive.
(d) Except as provided in paragraph (e) of this subsection, when a
brand name or equal purchase description is included in a solicitation,
the following shall be inserted after each item so described in the
solicitation schedule for completion by the offeror:
To be completed by offeror:
Manufacturer's Name:
Manufacturer's Address:
Brand Name of Product (if any):
Note: Offerors are cautioned and advised to read provision
3552.210-70, Brand Name Products or Equal, located elsewhere in this
solicitation, prior to completing the above. As indicated therein,
offerors proposing to furnish an ''equal'' product must furnish all
descriptive material necessary to determine the acceptability of such
product.
(e) Where component parts of an end item are described in the
solicitation by a brand name or equal purchase description and the
contracting officer determines that application of the provision at
3552.210-70 to such component parts would be impracticable, the
requirements of paragraph (d) of this subsection and 3510.011(h) shall
not apply with respect to such component parts. However, if the
provision is included in the solicitation for other reasons, there shall
also be included in the solicitation a statement to identify either the
component parts (described by brand name or equal purchase descriptions)
to which the provision applies or those to which it does not apply.
Depending upon whether the former or latter alternative is used, the
statement should be substantially as follows:
The provision 3552.210-70, Brand Name Products or Equal, located
elsewhere in this solicitation, applies to the following component
parts: (List the component parts to which the provision applies.)
or
The provision 3552.210-70, Brand Name Products or Equal, located
elsewhere in this solicitation, does not apply to the following
component parts: (List the component parts to which the provision does
not apply.)
This paragraph (e) also applies to accessories related to an end item
where a brand name or equal purchase description of the accessories is a
part of the description of the end item.
(f) When considered appropriate by the contracting officer,
solicitations incorporating brand name or equal purchase descriptions
may require the submission of offer samples in the case of offerors
proposing to furnish ''equal'' products; such samples shall not be
required from offerors who offer brand name products referenced in
purchase descriptions.
(g) Offers proposing to furnish products other than those
specifically referenced by brand name shall be considered for award when
the contracting officer determines under provision 3552.210-70 that the
offered products meet the salient characteristics identified in the
purchase description. Offers shall not be rejected as nonresponsive for
failure of the product to equal a characteristic of a brand name product
if such characteristic was not specified as a salient characteristic in
the brand name or equal purchase description. However, if it is clearly
established that the unspecified characteristic is essential to the
intended use, the solicitation is defective and no award shall be made.
In such cases, the contracting officer should resolicit the
requirements, using a purchase description that sets forth all salient
characteristics.
(h) The brand name or equal policies and procedures in this
subsection may be used in small purchase acquisitions to the extent that
they are applicable and practicable.
(i) This subsection is not applicable to construction contracts since
the use of equal equipment, materials, articles, or processes are
covered by FAR clause 52.236-5, Material and Workmanship.
48 CFR 3510.007 Deviations.
Heads of Contracting Activities are designated to authorize the
deviations permitted under FAR 10.007 and are responsible for ensuring
that the actions required by FAR 10.007 are accomplished.
48 CFR 3510.011 Solicitation provisions and contract clauses.
(h) The contracting officer shall insert the provision at
3552.210-70, Brand Name Products or Equal, in solicitations that call
for the delivery of a brand name or equal product, selecting the
language that is appropriate for (1) invitation for bids, or (2)
requests for proposals, as parenthetically indicated in the provision.
(However, see 3510.004-70(e) regarding the applicability of the
provision to component parts of an end item and to accessories related
to an end item.)
48 CFR 3510.011 SUBCHAPTER C -- CONTRACTING METHODS AND CONTRACT TYPES
48 CFR 3510.011 PART 3513 -- SMALL PURCHASE AND OTHER SIMPLIFIED
PURCHASE PROCEDURES
Sec.
3513.000 Scope of part.
48 CFR 3510.011 Subpart 3513.1 -- General
3513.105 Small business-small purchase set-asides.
3513.107 Solicitation and evaluation of quotations.
48 CFR 3510.011 Subpart 3513.2 -- Blanket Purchase Agreements
3513.201 General.
3513.203 Establishment of Blanket Purchase Agreements.
3513.203-1 General.
3513.204 Purchases under Blanket Purchase Agreements.
48 CFR 3510.011 Subpart 3513.5 -- Purchase Orders
3513.505 Purchase order and related forms.
3513.505-2 Agency order forms in lieu of Optional Forms 347 and 348.
3513.505-70 Purchase requisition.
3513.505-71 Division Purchase Order.
Authority: 40 U.S.C. 486(c).
Source: 54 FR 7645, Mar. 2, 1990, unless otherwise noted.
48 CFR 3513.000 Scope of part.
This part implements and supplements FAR part 13 and provides
Commission policies and procedures relating to small business-small
purchase set-asides, blanket purchase agreements, and purchase order
forms.
48 CFR 3513.000 Subpart 3513.1 -- General
48 CFR 3513.105 Small business-small purchase set-asides.
(a) The requirements of Public Law 95-507 relating to setting aside
acquisitions of supplies or services with an anticipated dollar value of
$25,000 or less do not apply to such purchases when delivery or
performance is to be made to or within the Republic of Panama. The
requirements do apply to Commission offices located in the United States
for the purchase of supplies or services for their own use and not for
delivery or performance in Panama.
48 CFR 3513.107 Solicitation and evaluation of quotations.
(a) Forms. (4) The following Commission forms may be used by the
Logistical Support Division in lieu of Standard Form 18 for requesting
small purchase price quotations:
(i) Panama Canal Form No. 1821, Request For Quotation. This form
may be used by the Purchasing and Contracts Branch for the solicitation
of nonstock items and services. It must be used in conjunction with
forms 7071 and 7074 (see paragraph (a)(4)(iv) of this section).
(ii) Panama Canal Form No. 1822, Request For Quotation Continuation.
This form may be used with Panama Canal Form No. 1821 when additional
space is needed.
(iii) Panama Canal Form No. 2008, This Is A Request For Prices; It
Is Not An Order. This form may be used by the Inventory Management
Branch for the solicitation of standard stock items. It must be used in
conjunction with forms 7071 and 7074 (see paragraph (a)(4)(iv) of this
section).
(iv) Panama Canal Commission Form 7071, General Contract Clauses And
Provisions, Small Purchases; and Panama Canal Commission Form 7074,
Information Sheet. These two forms shall be forwarded to prospective
suppliers together with either Panama Canal Form No. 1821 or Panama
Canal Form No. 2008, as applicable.
48 CFR 3513.107 Subpart 3513.2 -- Blanket Purchase Agreements
48 CFR 3513.201 General.
(a) Except for the rental of construction equipment, blanket purchase
agreements (BPA's) may be established only by contracting officers
within the General Services Bureau. The contracting officers authorized
to establish BPA's are:
(1) Chief, Inventory Management Branch for acquisition of inventory
stocks;
(2) Chief, New Orleans Branch for acquisition of parts in the New
Orleans area for the Motor Transportation Division and such other items
as may be designated by the General Services Director;
(3) Chief, Construction Division, Engineering and Construction
Bureau, for the rental of construction equipment; and
(4) Chief, Purchasing and Contracts Branch for acquisition of
supplies or services not covered under paragraphs (a) (1) through (3) of
this section.
(55 FR 7645, Mar. 2, 1990; 55 FR 38331, Sept. 18, 1990)
3513.203 Establishment of Blanket Purchase Agreements.
48 CFR 3513.203-1 General.
(a) Blanket purchase agreements may be established for supplies or
services which are readily available and for which their purchase does
not require detailed technical specifications, technical inspection, or
complex terms and conditions.
(b) Only the contracting officer (CO) and officials authorized by a
CO and designated in the BPA shall be permitted to request deliveries.
Delivery (call) orders shall usually be made by telephone or in person.
Before placing a call order against the BPA, each requirement shall be
screened for availability from Commission inventory sources and from the
mandatory sources of supply prescribed in FAR part 8. Necessary
controls shall be maintained by the person placing the call orders under
the BPA to ensure that any limitation stated therein is not exceeded.
The BPA identification number shall be specified each time a delivery is
requested.
(c) The procedure for establishing and using BPA's is prescribed in
the Commission's Financial Systems Manual 14.020, covering BPA's in
general, and 14.007, covering BPA's for automotive parts.
48 CFR 3513.204 Purchases under Blanket Purchase Agreements.
(a) Individual call orders under a BPA shall not exceed the dollar
limitation specified in the BPA, which limitation shall not exceed the
dollar limitations established by the:
(1) Engineering and Construction Director for the rental of
construction equipment, and
(2) General Services Director for all other BPA's.
(b) Purchases under BPA's shall be documented on Panama Canal Form
No. 3099, Request For Purchase/Call Order.
48 CFR 3513.204 Subpart 3513.5 -- Purchase Orders
3513.505 Purchase order and related forms.
48 CFR 3513.505-2 Agency order forms in lieu of Optional Forms 347 and
348.
The following Commission order forms may be used in lieu of Optional
Forms 347 and 348 for the purposes described below:
(a) Panama Canal Form No. 1010, Purchase Order. This form may be
used by the Inventory Management Branch (1) for the small purchase
acquisition of standard stock items, and (2) as a delivery order for
ordering or scheduling deliveries against established contracts or from
Government sources of supply.
(b) Panama Canal Form No. 1820, Purchase Order. This form may be
used by the Purchasing and Contracts Branch (1) for the small purchase
acquisition of non-stock items and services, and (2) as a delivery order
for ordering or scheduling deliveries against established contracts or
from Government sources of supply.
(c) Panama Canal Form No. 3083, Purchase Order Continuation. This
form may be used with Panama Canal Form No. 1820 when additional space
is needed.
(d) Panama Canal Form No. 3163, Division Purchase Order. This form
may be used by all activities having contracting authority for the
decentralized procurement of supplies and services (see 3513.505-71).
(e) Panama Canal Form No. 3163-MTD, Division Purchase Order. This
form may be used by the Motor Transportation Division and the New
Orleans Branch, Logistical Support Division for purchases of nonstandard
stock automotive repair parts that do not exceed dollar amounts
established by the General Services Director.
48 CFR 3513.505-70 Purchase requisition.
Panama Canal Form No. 1821, Purchase Requisition, shall be used by
requiring activities to request purchasing action by the Purchasing and
Contracts Branch, Logistical Support Division. The procedure for using
purchase requisitions is prescribed in the Commission's Financial
Systems Manual 14.010.
48 CFR 3513.505-71 Division Purchase Order.
(a) General. The Division Purchase Order (DPO), PCC Form No. 3163,
may be used by all activities that have contracting authority for the
decentralized procurement of supplies and services (see 3501.601(b)).
When repetitive purchases within the authorized DPO dollar limitation
are made for the same supplies or services, the activity shall request
the Chief, Purchasing and Contracts Branch to establish a BPA (see
subpart 3513.2). A detailed procedure for the use of the DPO is
prescribed in the Commission's Financial Systems Manual 14.005, covering
DPO's in general, and 14.007, covering DPO's for automotive parts.
(b) Responsibilities. (1) Bureau directors and heads of independent
units that use the DPO shall --
(i) Ensure that, whenever practicable, the functions of procurement
approval, receipt documentation, and payment approval in the use of a
DPO are performed by three separate persons. In no case shall the same
person be permitted to perform all three functions.
(ii) Approve and sign all DPO's, subject to the conditions specified
in paragraphs (b) (2)(iii) and (3) of this subsection, or appoint in
writing by position or by name one or more purchasing agents to act as
approval and signatory authority. Such appointees shall be at an
organizational level sufficient to ensure responsible control over the
obligation of funds that the DPO represents.
(2) Designated purchasing agents shall --
(i) Approve and sign DPO's within their delegated dollar authority.
(ii) Supervise the use and issuance of DPO's and verify that such use
and issuance are in compliance with the FAR, this PAR, and the
Commission's Financial Systems Manual.
(iii) Ensure that the following conditions exist before approving
purchases to be made on DPO's:
(A) There is a valid need for the supplies or services;
(B) A unit fund controller has certified the availability of funds
for the proposed purchase;
(C) The vendor is reputable and the price is reasonable; and
(D) The DPO is not being used as a means to purchase a known
requirement in excess of the authorized DPO dollar limitation by
fragmentizing the requirement (i.e., by breaking the total quantity of
the requirement into smaller quantities that can be purchased on two or
more DPO's, each of which does not exceed the authorized dollar
limitation but which, collectively, will result in the purchase of the
total quantity of the requirement).
(3) Individuals authorized to approve and sign DPO's shall ensure
that Government funds are not expended for standard stock items,
unauthorized office supplies, furnishings, appliances, or for items that
are intended solely for personal convenience or to satisfy personal
desires of an official or that are nonessential to the needs of the
Government and do not contribute to the fulfillment of the Commission's
mission.
(4) The General Services Director shall delegate authority for
contracting by means of DPO's to bureau directors and heads of
independent units. Such delegation shall be published from time to time
in bulletin or memorandum form and shall conform to dollar limitations
approved by the Administrator.
(c) Panama Preference. DPO purchases shall conform to the Treaty
preference given to supplies and services obtainable in Panama, as
prescribed in subpart 3570.1.
48 CFR 3513.505-71 PART 3514 -- SEALED BIDDING
Sec.
3514.000 Scope of part.
48 CFR 3513.505-71 Subpart 3514.2 -- Solicitation of Bids
3514.201-6 Solicitation provisions.
3514.205 Solicitation mailing lists.
3514.205-1 Establishment of lists.
48 CFR 3513.505-71 Subpart 3514.4 -- Opening of Bids and Award of
Contract
3514.404 Rejection of bids.
3514.404-1 Cancellation of invitations after opening.
3514.406 Mistakes in bids.
3514.406-3 Other mistakes disclosed before award.
3514.406-4 Mistakes after award.
3514.407 Award.
3514.407-1 General.
3514.407-6 Equal low bids.
Authority: 40 U.S.C. 486(c); Article IX of the Agreement in
Implementation of Article III of the Panama Canal Treaty of 1977.
Source: 55 FR 7647, Mar. 2, 1990, unless otherwise noted.
48 CFR 3514.000 Scope of part.
This part implements and supplements FAR part 14 by providing
additional solicitation provisions and additional guidance on
establishment of solicitation mailing lists, cancellation of invitations
after opening, mistakes in bids, and contract award.
48 CFR 3514.000 Subpart 3514.2 -- Solicitation of Bids
48 CFR 3514.201-6 Solicitation provisions.
(a) In addition to the provisions prescribed in FAR 14.201-6, the
contracting officer shall insert in all invitations for bids the
provisions at --
(1) 3552.214-70, Price -- Sealed Bidding; and
(2) 3552.214-73, Caution -- Sealed Bidding.
(b) The contracting officer shall insert the following provisions in
all invitations for bids for construction. These provisions may also be
used in invitations for bids for supplies or services if the contracting
officer determines that their use is appropriate:
(1) 3552.214-71, Additional Data To Be Submitted.
(2) 3552.214-72, Rejection of Bids.
(c) The contracting officer shall insert the provision at
3552.214-74, All or None Award -- Sealed Bidding, in invitations for
bids for supplies or services if the contracting officer determines that
award will be made on an ''all or none'' basis to one bidder for all
items because of the nature of the items (e.g., supply items must
interface or otherwise be fully compatible with each other; items
covering services are so interrelated that it would be impracticable to
split the award).
(d)(1) The contracting officer shall insert the provision at
3552.214-75, All or None Award -- Sealed Bidding -- Construction, in
invitations for bids for construction work that is estimated to exceed
$10,000 if the contracting officer determines:
(i) To require bidding on all items, and
(ii) That award will be made on an ''all or none'' basis to one
bidder for all items.
(2) If the construction work is not estimated to exceed $10,000, the
contracting officer shall use the Alternate I version of provision
3552.214-75.
(3) If the contracting officer determines that:
(i) The contract work, regardless of its estimated value, will be
awarded to one bidder for all the work, and
(ii) Bidding on all items will not be required, the Alternate II
version of provision 3552.214-75 is to be used.
(55 FR 7647, Mar. 2, 1990; 55 FR 38331, Sept. 18, 1990)
3514.205 Solicitation mailing lists.
48 CFR 3514.205-1 Establishment of lists.
(a) Each Commission contracting activity shall establish solicitation
mailing lists as required by FAR 14.205-1.
(b) In order to carry out the requirements of the Treaty to give
preference to the acquisition of supplies and services obtainable from
sources in the Republic of Panama, each Commission contracting activity
shall develop solicitation lists of local companies which can provide
such supplies or services.
48 CFR 3514.205-1 Subpart 3514.4 -- Opening of Bids and Award of
Contract
3514.404 Rejection of bids.
48 CFR 3514.404-1 Cancellation of invitations after opening.
(c) The Procurement Executive, upon recommendation of the cognizant
HCA, is authorized to make the determinations prescribed in FAR
14.404-1(c) when an invitation is to be cancelled and all bids rejected
after bid opening but prior to award.
(e)(1) The Procurement Executive, upon recommendation of the
cognizant HCA, may authorize the contracting officer to complete the
acquisition through negotiation in the determination to cancel the
invitation for bids when the conditions in FAR 14.404-1(c) (6) or (7)
apply.
3514.406 Mistakes in bids.
48 CFR 3514.406-3 Other mistakes disclosed before award.
The cognizant HCA is delegated the authority to make the
administrative determinations in connection with mistakes in bids prior
to award. This authority may not be redelegated. The General Counsel
must review and concur with all determinations under FAR 14.406-3.
48 CFR 3514.406-4 Mistakes after award.
(b) The cognizant HCA is authorized to make determinations on
mistakes in bids disclosed after award. The General Counsel must review
and concur with all determinations made under FAR 14.406.4.
3514.407 Award.
48 CFR 3514.407-1 General.
(a) The contracting officer shall make a contract award to that
responsible bidder whose bid, conforming to the invitation, will be most
advantageous to the Government, considering only the price and
price-related factors contained in FAR 14.201-8. Particular attention
shall be paid in supply contracts to evaluation of transportation costs
to ensure that the award is made to the lowest overall responsive and
responsible bidder.
48 CFR 3514.407-6 Equal low bids.
(a) Contracts shall be awarded in the following order of priority
when two or more low bids are equal in all respects:
(1) Preference shall be given to the bidder whose supplies or
services are obtainable in the Republic of Panama;
(2) When two or more bidders offer supplies or services obtainable in
Panama, preference shall be given to the bidder whose bid has a larger
percentage of components of Panamanian origin;
(3) If two or more bidders remain equally low after application of
paragraphs (a) (1) and (2) of this subsection, the tie-breaking
procedures prescribed in FAR 14.407-6(b) shall be followed;
(4) The order of precedence established in FAR 14.407-6 (a) and (b).
(c) When award is made by using the priorities under this 3514.407-6,
the contracting officer shall incorporate the written agreement
prescribed in FAR 14.407-6(c) in the contract.
48 CFR 3514.407-6 PART 3515 -- CONTRACTING BY NEGOTIATION
Sec.
3515.000 Scope of part.
48 CFR 3514.407-6 Subpart 3515.4 -- Solicitation and Receipt of
Proposals and Quotations
3515.407 Solicitation provisions.
48 CFR 3514.407-6 Subpart 3515.5 -- Unsolicited Proposals
3515.500 Scope of subpart.
3515.502 Policy.
3515.503 General.
3515.504 Advance guidance.
3515.506 Agency procedures.
3515.506-1 Receipt and initial review.
3515.506-2 Evaluation.
3515.507 Contracting methods.
3515.508 Prohibitions.
48 CFR 3514.407-6 Subpart 3515.8 -- Price Negotiation
3515.802 Policy.
3515.804 Cost or pricing data.
3515.804-2 Requiring certified cost or pricing data.
3515.804-3 Exemptions from or waiver of submission of certified cost
or pricing data.
3515.804-6 Procedural requirements.
48 CFR 3514.407-6 Subpart 3515.9 -- Profit
3515.902 Policy.
Authority: 40 U.S.C. 486(c).
Source: 55 FR 7648, Mar. 2, 1990, unless otherwise noted.
48 CFR 3515.000 Scope of part.
This part implements and supplements FAR part 15 by providing
additional solicitation provisions and by providing Commission policies
and procedures on unsolicited proposals, price negotiations, and profit.
48 CFR 3515.000 Subpart 3515.4 -- Solicitation and Receipt of Proposals and Quotations
48 CFR 3515.407 Solicitation provisions.
(a) In addition to the provisions prescribed in FAR 15.407, the
contracting officer shall insert in solicitations the provisions at --
(1) 3552.215-70, Price; and
(2) 3552.215-71, Caution.
(b) The contracting officer shall insert the provision at
3552.215-72, All or None Award, in solicitations for supplies or
services if the contracting officer determines that award will be made
on an ''all or none'' basis to one offeror for all items because of the
nature of the items (e.g., supply items must interface or otherwise be
fully compatible with each other; items covering services are so
interrelated that it would be impracticable to split the award). This
provision may also be used in solicitations for construction if the
contracting officer determines that its use is appropriate.
48 CFR 3515.407 Subpart 3515.5 -- Unsolicited Proposals
48 CFR 3515.500 Scope of subpart.
This subpart implements and supplements the policies and procedures
governing unsolicited proposals prescribed in FAR subpart 15.5. It also
establishes the Commission contact point for coordinating the receipt,
evaluation, and disposition of unsolicited proposals.
48 CFR 3515.502 Policy.
It is the policy of the Commission to receive, review, and consider
for acceptance unsolicited proposals, as that term is defined in FAR
15.501 and further described in FAR 15.503(c). As indicated in FAR
15.502, such proposals may be accepted for sole source negotiation only
when appropriate authority exists in FAR subpart 6.3 and when all
conditions in FAR 15.507(b) have been complied with.
48 CFR 3515.503 General.
(f) Unsolicited proposals for the performance of services are, except
as discussed in this paragraph, unacceptable as the performance of
services is unlikely to necessitate innovative and unique concepts.
There may be rare instances in which an unsolicited proposal offers an
innovative and unique approach to the accomplishment of a service. If
such a proposal offers a previously unknown or an alternative approach
to generally recognized techniques for the accomplishment of a specific
service, and such approach will provide significantly greater economy or
enhanced quality, it may be considered for acceptance, provided that
such acceptance can be made in conformance with the policy in 3515.502.
48 CFR 3515.504 Advance guidance.
(a) It is not uncommon for sales representatives and engineers to
approach field personnel of the Commission to discuss their products or
proposals. Bureau Directors and Heads of Independent Units shall take
the necessary steps to ensure that Commission employees do not make any
commitments, explicit or implied, on behalf of the Commission to
eventually procure such products or proposals. Whenever any person
orally makes an ''unsolicited proposal'', Commission personnel shall
inform the offeror that unsolicited proposals must be in writing and
that further information should be obtained from the Commission's
Procurement Executive or Assistant Procurement Executive before the
offeror proceeds with the submission of a written proposal. Commission
personnel may provide copies, if practicable, of FAR subpart 15.5 and
subpart 3515.5 of this regulation to persons interested in submitting
unsolicited proposals.
48 CFR 3515.506 Agency procedures.
(a) In order to allow the Commission sufficient time to evaluate the
unsolicited proposal and negotiate any resultant contract, prospective
contractors should submit their proposals, in triplicate, well in
advance of the time they desire to commence their effort or activity. A
minimum of six months advance submission is suggested (see FAR
15.505(c)(2)).
(b) The Procurement Executive is the Commission contact point to
coordinate the receipt and handling of unsolicited proposals within the
commission.
48 CFR 3515.506-1 Receipt and initial review.
(a) The Procurement Executive shall conduct an initial review of each
unsolicited proposal to determine if it appears to (1) constitute a
valid unsolicited proposal as described in FAR 15.503(c), and (2) meet
the requirements contained in FAR 15.506-1(a). If so, the Procurement
Executive shall acknowledge its receipt to the sender and initiate
processing of the proposal for evaluation in accordance with 3515.506-2
of this subpart. If the proposal does not meet the requirements of FAR
15.506-1(a), or otherwise does not qualify as an unsolicited proposal,
the Procurement Executive shall return it to the sender with appropriate
comments.
48 CFR 3515.506-2 Evaluation.
(a) Promptly after receipt of an unsolicited proposal deemed to
satisfy the requirements of 3515.506-1(a), the Procurement Executive
shall forward the original and all copies to the cognizant contracting
officer for further coordination of the technical evaluation of the
proposal. The cognizant contracting officer shall (1) determine the
appropriate Commission organization that would fund the acquisition (see
FAR 15.507(b)(3)) in the event the unsolicited proposal would be
acceptable for a negotiated award pursuant to FAR 15.507(b), and (2)
forward a copy to that organization for technical evaluation. If more
than one organization has a potential interest in the proposal, or
should otherwise be included in the evaluation phase because of its
technical expertise, copies of the proposal shall be circulated to each
such office.
(b) Evaluating organizations shall complete their evaluations as
quickly as practicable and forward them, together with all copies of the
unsolicited proposal, to the cognizant contracting officer. Evaluations
shall take into consideration the factors in FAR 15.506-2(a), shall be
in writing, and shall include, in addition to a comprehensive technical
analysis and conclusion(s), a recommendation as to the ultimate
disposition of the proposal. When the recommendation is to accept the
unsolicited proposal, the evaluation shall include the documentation
required in FAR 15.507(b)(3).
48 CFR 3515.507 Contracting methods.
(a) If the unsolicited proposal is not recommended for acceptance
after technical evaluation, the cognizant contracting officer shall
return the proposal and all copies thereof to the offeror, citing the
reasons why the proposal is not acceptable. A copy of the letter shall
be furnished to the Procurement Executive.
(c) If the unsolicited proposal is acceptable as a basis for
negotiation, the cognizant contracting officer shall:
(1) Obtain the concurrence of the General Counsel before proceeding
with negotiations, and
(2) Advise the Procurement Executive in writing of such action.
48 CFR 3515.508 Prohibitions.
(b) All unsolicited proposals received by units of the Commission
shall be treated ''FOR OFFICIAL USE ONLY'' and shall be protected from
unauthorized disclosure. No copies shall be made except as authorized
by the Procurement Executive or cognizant contracting officer, as
appropriate. All Commission personnel who handle a proposal are
responsible for safeguarding the information therein, and shall not
disclose the information to unauthorized personnel within or outside of
the Commission.
48 CFR 3515.508 Subpart 3515.8 -- Price Negotiation
48 CFR 3515.802 Policy.
It is the policy of the Commission to obtain the cost or pricing data
required pursuant to FAR 15.804 from all U.S. or foreign (including
Panama) prime contractors and subcontractors.
3515.804 Cost or pricing data.
48 CFR 3515.804-2 Requiring certified cost or pricing data.
When determining the contract amount for purposes of applying the
dollar threshold at FAR 15.804-2(a) for requesting certified cost or
pricing data, the value of the contract shall include any priced
options. Exercise of a priced option is not considered a price
adjustment and does not require submission of cost or pricing data.
48 CFR 3515.804-3 Exemptions from or waiver of submission of certified
cost or pricing data.
All findings rendered pursuant to FAR 15.804-3 (b)(2)(iii) and (c)(8)
shall be approved by the cognizant HCA with the concurrence of the
General Counsel. The exemptions permitted under FAR 15.804-3(g) and the
waivers permitted under FAR 15.804-3(i) shall be authorized by the
cognizant HCA with the concurrence of the General Counsel.
48 CFR 3515.804-6 Procedural requirements.
For requests for proposals or modifications not exceeding $25,000,
the contracting officer may require contractors to submit information
for cost or price analysis on Panama Canal Form No. 6122, Cost
Breakdown, at 3553.215.
48 CFR 3515.804-6 Subpart 3515.9 -- Profit
48 CFR 3515.902 Policy.
(a) The Commission shall use a structured approach to determine the
profit or fee prenegotiation objective in acquisition actions of
$500,000 or more that require cost analysis based on the profit analysis
factors in FAR 15.905.
(b) The following types of acquisitions are exempt from the
requirements of the structured approach, but the contracting officer
shall comply with FAR 15.905-1 when analyzing profit for these contracts
or actions:
(1) All actions which do not require cost analysis;
(2) Architect-engineer contracts;
(3) Construction contracts;
(4) Contracts primarily requiring delivery of material supplied by
subcontractors;
(5) Termination settlements; and
(6) Other professional services.
(c) In developing a profit or fee prenegotiation objective, the
contracting officer shall comply with the requirements in FAR 15.903.
(d) When profit analysis is required, any amount proposed by the
prospective contractor for the cost of money for facilities capital
allowable under FAR 31.205-10 shall be deducted from the prenegotiation
cost base objective before calculating the profit objective.
(e) The cognizant HCA is responsible for establishing procedures to
ensure compliance with this subpart.
48 CFR 3515.902 PART 3516 -- TYPES OF CONTRACTS
Sec.
3516.000 Scope of part.
48 CFR 3515.902 Subpart 3516.3 -- Cost-Reimbursement Contracts
3516.301 General.
3516.301-3 Limitations.
48 CFR 3515.902 Subpart 3516.6 -- Time-and-Materials, Labor-Hour, and
Letter Contracts
3516.601 Time-and-materials contracts.
3516.603 Letter contracts.
3516.603-2 Application.
3516.603-3 Limitations.
3516.603-70 Information to be furnished when requesting authority to
issue a letter contract.
3516.603-71 Approval for modifications to letter contracts.
Authority: 40 U.S.C. 486(c).
Source: 55 FR 7650, Mar. 2, 1990, unless otherwise noted.
48 CFR 3516.000 Scope of part.
This part implements and supplements FAR part 16. It provides
Commission policies and procedures for preparation of determinations and
findings authorizing use of cost-reimbursement contracts, and for use of
time-and-materials and letter contracts.
48 CFR 3516.000 Subpart 3516.3 -- Cost-Reimbursement Contracts
3516.301 General.
48 CFR 3516.301-3 Limitations.
(c) The following format shall be used and executed by the
contracting officer as the determination and findings authorizing the
use of a cost-reimbursement contract:
I hereby find that:
(1) The (Bureau/Division name) proposes to contract with (name of
proposed contractor) for (describe work, service, or product) (identify
program or project). The estimated cost is ($XXXX) (if contract is CPFF
type, insert, (''plus a fixed fee of ($XXXX) which is XX percent of the
estimated cost exclusive of fee'').
(2) (Set forth facts and circumstances that show why it is
impracticable to acquire supplies or services of the kind or quality
required without the use of the proposed type of contract or why the
proposed method of contracting is likely to be less costly than other
methods.)
I hereby determine that:
On the basis of the above findings, it is impracticable to acquire
supplies or services of the kind or quality required without the use of
a (cost, cost-sharing, or cost-plus-a-fixed fee*) type of contract, or
the (cost, cost-sharing, or cost-plus-a-fixed fee*) method of
contracting is likely to be less costly than other methods.
Date
--
(Signature)
*Contracting officer inserts appropriate type of contract.
The determination and findings for all cost-reimbursement and
incentive/award fee type contracts shall be reviewed and approved by the
HCA.
48 CFR 3516.301-3 Subpart 3516.6 -- Time-and-Materials, Labor-Hour, and Letter Contracts
48 CFR 3516.601 Time-and-materials contracts.
(c) Limitations. The format prescribed in 3516.301-3(c) shall be
used and executed by the contracting officer as the determination and
findings authorizing the use of either a time-and-materials contract or
a labor-hour contract, except that in lieu of the final paragraph insert
the following:
I hereby determine that:
On the basis of the above findings, no other type of contract will
suitably serve for the acquisition of the required supplies or services.
3516.603 Letter contracts.
48 CFR 3516.603-2 Application.
(a) It is the policy of the Panama Canal Commission to refrain from
issuing letter contracts. Exceptions to this policy will be permitted
only in those cases in which all matters of a substantive nature, such
as statements of work, delivery schedules, and general and special
clauses have been resolved and agreed upon. Exceptions to this policy
must be approved by the Administrator.
48 CFR 3516.603-3 Limitations.
The cognizant HCA is designated to execute the prescribed
determination that no other contract is suitable. However, if the
cognizant HCA is to sign the letter contract as the contracting officer,
the Procurement Executive shall execute the determination.
48 CFR 3516.603-70 Information to be furnished when requesting authority
to issue a letter contract.
The following information should be included by the contracting
officer in any memorandum requesting approval to issue a letter
contract:
(a) Name and address of proposed contractor.
(b) Location where contract is to be performed.
(c) Contract number, including modification number, if possible.
(d) Brief description of work and services to be performed.
(e) Performance or delivery schedule.
(f) Amount of letter contract.
(g) Estimated total amount of definitized contract.
(h) Type of contract to be executed (fixed price, cost-reimbursement,
etc.)
(i) Statement of the necessity and advantage to the Commission of the
use of the proposed letter contract.
(j) Statement of the percentage of the estimated cost of the proposed
acquisition that the obligation of funds represents. In those rare
instances in which the obligation represents 50 percent or more of the
proposed estimated cost of the acquisition, a justification for that
obligation must be included describing the basis and necessity for the
obligation (e.g., the contractor requires a large initial outlay of
funds for major subcontract awards or an extensive purchase of materials
to meet an urgent delivery requirement). In every case, documentation
must ensure that the amount to be obligated is not in excess of an
amount reasonably required to perform the work.
(k) Period of effectiveness of the proposed letter contract.
(l) Statement of any substantive matters that need to be resolved.
48 CFR 3516.603-71 Approval for modifications to letter contracts.
All letter contract modifications must be approved by the cognizant
HCA responsible for the acquisition. Requests for authority to issue
letter contract modifications shall be processed in the same manner as
requests for authority to issue letter contracts and shall include the
following:
(a) Name and address of the contractor.
(b) Description of work and services.
(c) Date original request was approved and approving official.
(d) Letter contract number and date issued.
(e) Complete justification as to why the letter contract cannot be
definitized at this time.
(f) Complete justification as to why the level of funding must be
increased.
(g) Complete justification as to why the period of effectiveness is
increased, if applicable.
(h) If the funding of letter contracts is to be increased to more
than 50 percent of the estimated cost of the acquisition, the
information required by 3516.603-70(j) must be included.
48 CFR 3516.603-71 PART 3517 -- SPECIAL CONTRACTING METHODS
48 CFR 3516.603-71 Subpart 3517.2 -- Options
Sec.
3517.200 Scope of subpart.
3517.203 Solicitations.
3517.204 Contracts.
3517.207 Exercise of options.
48 CFR 3516.603-71 Subpart 3517.5 -- Interagency Acquisitions Under the
Economy Act
3517.500 Scope of subpart.
3517.501 Definitions.
3517.502 General.
3517.504 Ordering procedures.
Authority: 40 U.S.C. 486(c).
Source: 55 FR 7651, Mar. 2, 1990, unless otherwise noted.
48 CFR 3516.603-71 Subpart 3517.2 -- Options
48 CFR 3517.200 Scope of subpart.
This subpart does not apply to contracts for services involving:
(a) Construction, alteration, or repair of real property;
(b) Architect-engineer services;
(c) Automatic data processing equipment systems; and
(d) Telecommunication equipment and services.
However, it does not preclude the use of options in those contracts.
48 CFR 3517.203 Solicitations.
(g)(2) The use of options for increased quantities of supplies or
services which exceed 50 percent of the base quantity specified in the
contract for a particular period shall be approved by the cognizant HCA
prior to issuing the solicitation. In the case of supplies, the 50
percent limitation applies only to contracts which have a base quantity
of more than one.
48 CFR 3517.204 Contracts.
(e) The use of option periods which, when combined with the base
contract period, results in a total contract period of performance
exceeding twelve months shall be approved by the cognizant HCA prior to
issuing the solicitation. In no event, however, shall the total of the
base and option periods exceed sixty (60) months in duration.
48 CFR 3517.207 Exercise of options.
(h) The contracting officer, if the contract so provides, may,
subject to the conditions in FAR 17.204(d) and FAR 32.703-2, exercise an
option contingent upon the availability of funds. Under no
circumstances shall any action be taken which could be construed as
creating a legal liability on the part of the Commission until a formal
notice of availability of funds in the form of a contract modification
has been issued by the contracting officer.
48 CFR 3517.207 Subpart 3517.5 -- Interagency Acquisitions Under the Economy Act
48 CFR 3517.500 Scope of subpart.
This subpart prescribes policies and procedures applicable to the use
of Interservice Support Agreements and Memorandums of Understanding.
48 CFR 3517.501 Definitions.
Interservice Support Agreement (ISA) means an agreement entered into
between the Panama Canal Commission and any other department or agency
of the United States for the use of facilities, furnishing of supplies
or services, or performance of functions. ISA's may be based upon
Memorandums of Understanding.
Memorandum of Understanding (MOU) means the basic document which
outlines host-tenant relationships. MOU's serve as the standard for
relationships between host units and supporting or supported activities.
48 CFR 3517.502 General.
The General Services Director is the Commission official authorized
to enter into ISA's. The Director, by written appointment, may delegate
this authority to one or more contracting officers in the General
Services Bureau. The determination and findings required by FAR 17.503
shall be made by the General Services Director or the appointee(s), as
applicable.
48 CFR 3517.504 Ordering procedures.
(a) The procedures in FAR 17.504 shall apply to Commission ISA's.
(b) When the other agency to an ISA is a DOD activity, the DOD forms
and format normally shall be followed.
48 CFR 3517.504 SUBCHAPTER D -- SOCIOECONOMIC PROGRAMS
48 CFR 3517.504 PART 3519 -- SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS
48 CFR 3517.504 Subpart 3519.2 -- Policies
Sec.
3519.201 General policy.
3519.202-3 Equal low bids.
Authority: 40 U.S.C. 486(c); Article IX of the Agreement in
Implementation of Article III of the Panama Canal Treaty of 1977.
Source: 55 FR 7651, Mar. 2, 1990, unless otherwise noted.
48 CFR 3517.504 Subpart 3519.2 -- Policies
48 CFR 3519.201 General policy.
(a) Any acquisition which requires the solicitation of bids,
proposals, or quotes from sources within Panama and also from sources
within the United States shall not be restricted by any United States
statute that is inconsistent with Article IX of the Agreement in
Implementation of Article III of the Panama Canal Treaty.
(d) The Chief, New Orleans Branch, Logistical Support Division, shall
discharge the functions of the Small and Disadvantaged Business
Utilization Specialist (SDBUS).
48 CFR 3519.202-3 Equal low bids.
In the event of equal low bids, contracts shall be awarded in the
order of priority set forth in 3514.407-6.
48 CFR 3519.202-3 PART 3520 -- LABOR SURPLUS AREA CONCERNS
48 CFR 3519.202-3 Subpart 3520.1 -- General
Sec.
3520.102 General policy.
3520.103 Contract clause.
48 CFR 3519.202-3 Subpart 3520.2 -- Set-asides
3520.201 Set-asides for labor surplus area concerns.
3520.201-1 Total set-asides.
48 CFR 3519.202-3 Subpart 3520.3 -- Labor Surplus Area Subcontracting
Program
3520.301 General.
Authority: 40 U.S.C. 486(c).
Source: 55 FR 7651, Mar. 2, 1990, unless otherwise noted.
48 CFR 3519.202-3 Subpart 3520.1 -- General
48 CFR 3520.102 General policy.
Subject to the order of precedence in FAR 19.504, the Panama Canal
Commission shall award appropriate contracts to eligible labor surplus
area (LSA) concerns and encourage contractors to place subcontracts with
LSA concerns only when all of the following circumstances exist:
(a) The acquisition is to be performed within the United States, its
territories and possessions, the Commonwealth of Puerto Rico, and the
Trust Territory of the Pacific Islands.
(b) The concern, together with its first-tier subcontractors, will
perform substantially in labor surplus areas as defined in FAR 20.101;
and
(c) The value of the acquisition is estimated to exceed the small
purchase limitation in FAR part 13.
48 CFR 3520.103 Contract clause.
(b) The contract clause at FAR 52.220-1, Preference for Labor Surplus
Area Concerns, shall be included in solicitations and contracts only as
prescribed by FAR 20.103(b) and under those conditions set forth in
3520.102.
48 CFR 3520.103 Subpart 3520.2 -- Set-asides
3520.201 Set-asides for labor surplus area concerns.
48 CFR 3520.201-1 Total set-asides.
The contracting officer shall set aside the entire amount of an
individual acquisition or class of acquisitions for LSA concerns only
under those conditions set forth in 3520.102.
48 CFR 3520.201-1 Subpart 3520.3 -- Labor Surplus Area Subcontracting Program
48 CFR 3520.301 General.
The provisions of FAR subpart 20.3 apply only under those conditions
set forth in 3520.102.
48 CFR 3520.301 PART 3522 -- APPLICATION OF LABOR LAWS TO GOVERNMENT
ACQUISITIONS
Sec.
3522.000 Scope of part.
48 CFR 3520.301 Subpart 3522.1 -- Basic Labor Policies
3522.100 Scope of subpart.
3522.103 Overtime.
3522.103-4 Approvals.
48 CFR 3520.301 Subpart 3522.2 -- Convict Labor
3522.270 Applicability.
48 CFR 3520.301 Subpart 3522.3 -- Contract Work Hours and Safety
Standards Act
3522.370 Applicability.
48 CFR 3520.301 Subpart 3522.4 -- Labor Standards for Contracts
Involving Construction
3522.402 Applicability.
48 CFR 3520.301 Subpart 3522.6 -- Walsh-Healey Public Contracts Act
3522.603 Applicability.
3522.608 Procedures.
3522.608-3 Protests against eligibility.
3522.608-4 Award pending final determination.
3522.608-6 Postaward.
48 CFR 3520.301 Subpart 3522.8 -- Equal Employment Opportunity
3522.803 Responsibilities.
3522.804 Affirmative action programs.
3522.804-2 Construction.
3522.805 Procedures.
3522.807 Exemptions.
3522.808 Complaints.
3522.809 Enforcement.
3522.810 Solicitation provisions and contract clauses.
48 CFR 3520.301 Subpart 3522.10 -- Service Contract Act of 1965, as
Amended
3522.1003 Applicability.
48 CFR 3520.301 Subpart 3522.13 -- Special Disabled and Vietnam Era
Veterans
3522.1302 Applicability.
3522.1303 Waivers.
3522.1306 Complaint procedures.
48 CFR 3520.301 Subpart 3522.14 -- Employment of the Handicapped
3522.1402 Applicability.
3522.1403 Waivers.
3522.1406 Complaint procedures.
Authority: 40 U.S.C. 486(c).
Source: 55 FR 7652, Mar. 2, 1990, unless otherwise noted.
48 CFR 3522.000 Scope of part.
This part prescribes --
(a) Labor laws of the United States and their application to
acquisitions conducted by the Panama Canal Commission; and
(b) Contracting policy and procedures for the implementation of
pertinent labor laws in contracts with United States and Panamanian
business concerns. (See subpart 3525.8 for policies and procedures
pertaining specifically to contracts with Panamanian business concerns
or others to which Panamanian laws may apply.)
48 CFR 3522.000 Subpart 3522.1 -- Basic Labor Policies
48 CFR 3522.100 Scope of subpart.
The provisions of FAR subpart 22.1 shall apply specifically to
contracts with United States business concerns to the extent prescribed
throughout FAR part 22.
3522.103 Overtime.
48 CFR 3522.103-4 Approvals.
(a) Overtime requests by contractors may be approved under the
conditions contemplated in FAR 22.103-4(a). Such approvals are required
under cost-reimbursement, time-and-materials, and labor-hour contracts
since such contracts place substantial cost risk on the Government.
(b) The Commission officials for approval of contractor requests for
overtime in cost-reimbursement contracts as contemplated in FAR 22.103-4
(a), (b), and (f) are the cognizant Heads of Contracting Activities.
48 CFR 3522.103-4 Subpart 3522.2 -- Convict Labor
48 CFR 3522.270 Applicability.
As indicated at FAR 22.202, the policies and procedures in FAR
subpart 22.2 are applicable only to contracts which are to be performed
within any State, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, or the Trust Territory
of the Pacific Islands. The policies and procedures do not apply to
contracts which are to be performed within the Republic of Panama or
within any other foreign country.
48 CFR 3522.270 Subpart 3522.3 -- Contract Work Hours and Safety Standards Act
48 CFR 3522.370 Applicability.
As indicated at FAR 22.305, the policies and procedures in FAR
subpart 22.3 shall not be applied to contracts to be performed solely
within the Republic of Panama, other foreign countries, or within a
territory under United States jurisdiction other than a State, the
District of Columbia, Puerto Rico, the Virgin Islands, Outer Continental
Shelf Lands as defined in the Outer Continental Shelf Lands Act (43
U.S.C. 1331), American Samoa, Guam, Wake Island, and Johnston Island.
48 CFR 3522.370 Subpart 3522.4 -- Labor Standards for Contracts Involving Construction
48 CFR 3522.402 Applicability.
(c) Contracts to be performed outside the United States. As
indicated by paragraphs (a) through (d) at FAR 22.407, the requirements
of FAR subpart 22.4 do not apply to contracts for construction to be
performed within the Republic of Panama or within any other foreign
country.
48 CFR 3522.402 Subpart 3522.6 -- Walsh-Healey Public Contracts Act
48 CFR 3522.603 Applicability.
As indicated at FAR 22.603 and FAR 22.604-2, the requirements and
procedures of FAR subpart 22.6 and this subpart 3522.6 do not apply to
contracts for supplies that are manufactured in the Republic of Panama
or elsewhere outside the United States, Puerto Rico or the Virgin
Islands.
3522.608 Procedures.
48 CFR 3522.608-3 Protests against eligibility.
The contracting officer shall forward the determination of
eligibility, after concurrence by legal counsel, to the cognizant Head
of Contracting Activity (HCA) for referral to the Department of Labor
(DOL) or to the Small Business Administration if the offeror is a small
business.
48 CFR 3522.608-4 Award pending final determination.
(a) If an offeror's eligibility case is pending review by the DOL or
SBA, the contracting officer shall obtain the concurrence of legal
counsel and approval of the cognizant HCA prior to making an award.
48 CFR 3522.608-6 Postaward.
(c) In the event of a violation of a stipulation required under the
Act, the contracting officer shall, with concurrence by legal counsel
and approval by the cognizant HCA, notify the appropriate regional
office of the DOL.
48 CFR 3522.608-6 Subpart 3522.8 -- Equal Employment Opportunity
48 CFR 3522.803 Responsibilities.
(d) If the applicability of Executive Order 11246 and implementing
regulations are questioned by any commercial firm or other entity with
whom the Panama Canal Commission has contracted or contemplates
contracting, the contracting officer shall route the matter to the
cognizant HCA, who shall obtain the opinion of legal counsel.
3522.804 Affirmative action programs.
48 CFR 3522.804-2 Construction.
(b) The HCA having construction contract responsibility shall
maintain and distribute a current list of geographical areas subject to
affirmative action requirements to the principally affected contracting
officers. The list may be obtained from the regional Office of Federal
Contract Compliance Policy (OFCCP).
48 CFR 3522.805 Procedures.
(a) The contracting officer shall obtain a preaward clearance as
required by FAR 22.805(a) (2), (3), and (5). Where, as contemplated in
FAR 22.805(a)(7), there exists a potential delay in award of an urgent
and critical contract, and where the OFCCP advises of its inability to
timely complete the review, a written justification for award shall be
forwarded to the cognizant HCA for approval of award without preaward
clearance.
(b) The contracting officer shall obtain and maintain an adequate
supply of the posters entitled ''Equal Opportunity is the Law'' for
distribution to contractors when applicable.
48 CFR 3522.807 Exemptions.
(b) Panama Canal Commission contracts are exempt from the Equal
Employment Opportunity provisions of Executive Order 11246 to the extent
that work is performed outside the United States by employees who were
not recruited within the United States. (See FAR 22.801 for the meaning
of ''United States'' as used herein.)
(c) Requests for exemption pursuant to FAR 22.807(c) shall be
submitted to the Director, OFCCP, through the cognizant HCA.
48 CFR 3522.808 Complaints.
Information regarding all complaints and subsequent referrals shall
be forwarded to the cognizant HCA.
48 CFR 3522.809 Enforcement.
The Procurement Executive is designated to make the determinations
that may be exercised against contractors pursuant to FAR 22.809.
48 CFR 3522.810 Solicitation provisions and contract clauses.
All solicitation provisions and contract clauses prescribed in FAR
22.810 are applicable to contracts awarded by the Panama Canal
Commission unless an exemption exists or has been obtained in accordance
with FAR 22.807 and 3522.807.
48 CFR 3522.810 Subpart 3522.10 -- Service Contract Act of 1965, as Amended
48 CFR 3522.1003 Applicability.
As indicated at FAR 22.1003-2, the policies and procedures in FAR
subpart 22.10 do not apply to service contracts to be performed in the
Republic of Panama or elsewhere outside the United States. (See FAR
22.1001 for the meaning of ''United States'' as used herein.)
48 CFR 3522.1003 Subpart 3522.13 -- Special Disabled and Vietnam Era Veterans
48 CFR 3522.1302 Applicability.
Panama Canal Commission contracts are exempt from the provisions of
the Vietnam Era Veterans Readjustment Assistance Act of 1972 to the
extent that the work is performed outside the United States by employees
who were not recruited in the United States. (See FAR 22.1308(a)(1) for
the meaning of ''United States'' as used herein.)
48 CFR 3522.1303 Waivers.
(a) The Administrator of the Panama Canal Commission is the ''agency
head'' or the ''head of a civilian agency'' for purposes of the
provisions of FAR 22.1303 (a) and (b)(1), respectively.
(c) Requests for waivers shall be forwarded to the cognizant HCA for
referral to the administrator for approval.
48 CFR 3522.1306 Complaint procedures.
The contracting officer shall forward written complaints to the
cognizant HCA for subsequent referral to the Director, OFCCP.
48 CFR 3522.1306 Subpart 3522.14 -- Employment of the Handicapped
48 CFR 3522.1402 Applicability.
(a) Panama Canal Commission contracts are exempt from the
Rehabilitation Act of 1973 to the extent that the work is performed
outside the United States by employees who were not recruited within the
United States. (See FAR 22.1408(a)(1) for the meaning of ''United
States'' as used herein.)
48 CFR 3522.1403 Waivers.
(a) The Administrator of the Panama Canal Commission is the ''agency
head'' or the ''head of a civilian agency'' for purposes of the
provisions of FAR 22.1403 (a) and (b)(1), respectively.
(c) Requests for waivers shall be forwarded through the cognizant HCA
to the Administrator for approval.
48 CFR 3522.1406 Complaint procedures.
Complaints regarding administration of the Act shall be forwarded to
the cognizant HCA prior to submission to the OFCCP.
48 CFR 3522.1406 PART 3524 -- PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
48 CFR 3522.1406 Subpart 3524.1 -- Protection of Individual Privacy
Sec.
3524.102 General.
48 CFR 3522.1406 Subpart 3524.2 -- Freedom of Information Act
3524.270 Procedures.
Authority: 40 U.S.C. 486(c).
Source: 55 FR 7653, Mar. 2, 1990, unless otherwise noted.
48 CFR 3522.1406 Subpart 3524.1 -- Protection of Individual Privacy
48 CFR 3524.102 General.
Personal information obtained by the agency to be used in determining
an individual's right to a benefit, or to otherwise incur an obligation,
will be solicited directly from the subject of the record to the extent
practicable. The system manager responsible for the maintenance and
dissemination of personal information about individuals shall ensure
that the information is collected and disclosed in compliance with the
provisions of the Privacy Act of 1974 and part 10 of 35 CFR, this
agency's regulations implementing the Act.
48 CFR 3524.102 Subpart 3524.2 -- Freedom of Information Act
48 CFR 3524.270 Procedures.
Freedom of Information Act (FOIA) requests for contractual
information shall be processed in accordance with part 9 of 35 CFR.
(a) Upon receipt, all FOIA requests shall be forwarded immediately to
the Agency Records Officer (Chief, Administrative Services Division) for
acknowledgment and processing within the statutory time limitations as
stipulated in the Act.
(b) Prior to release of any contractual information to FOIA
requesters, the Agency Records Officer shall coordinate with other
agency offices or officials having a substantial subject matter
interest.
48 CFR 3524.270 PART 3525 -- FOREIGN ACQUISITION
Sec.
3525.000 Scope of part.
48 CFR 3524.270 Subpart 3525.1 -- Buy American Act -- Supplies
3525.102 Policy.
48 CFR 3524.270 Subpart 3525.2 -- Buy American Act -- Construction
Materials
3525.202 Policy.
48 CFR 3524.270 Subpart 3525.3 -- Balance of Payments Program
3525.300-70 Applicability.
3525.302 Policy.
48 CFR 3524.270 Subpart 3525.4 -- Purchases Under the Trade Agreements
Act of 1979
3525.402 Policy.
48 CFR 3524.270 Subpart 3525.670 -- Customs and Duties, Republic of
Panama
3525.670-1 Policy.
3525.670-2 Procedures.
48 CFR 3524.270 Subpart 3525.8 -- International Agreements and
Coordination
3525.801 International agreements.
3525.801-70 Language.
3525.801-71 Choice of law.
3525.801-72 Immunity.
3525.801-73 Designated contractors.
3525.801-74 Panamanian preference.
3525.801-75 Customary local business usage.
3525.801-76 Contract clauses.
Authority: 40 U.S.C. 486(c); Article VIII of the Panama Canal
Treaty of 1977 and Articles IX, XI, and XVI of the Agreement in
Implementation of Article III of the Panama Canal Treaty of 1977.
Source: 55 FR 7654, Mar. 2, 1990, unless otherwise noted.
48 CFR 3525.000 Scope of part.
This part provides policies and procedures related to the application
of the Buy American Act, the Balance of Payments Act, and purchases
under the Trade Agreements Act of 1979 to Commission acquisitions. This
part also provides policies and procedures for the application of
international agreements to Commission acquisitions.
48 CFR 3525.000 Subpart 3525.1 -- Buy American Act -- Supplies
48 CFR 3525.102 Policy.
The Buy American Act does not apply to purchases of supplies, or
services that involve the furnishing of supplies, for use in the
Republic of Panama because such use is outside the United States, as
provided in FAR 25.102(a)(1).
(55 FR 7654, Mar. 2, 1990; 55 FR 38331, Sept. 18, 1990)
48 CFR 3525.102 Subpart 3525.2 -- Buy American Act -- Construction Materials
48 CFR 3525.202 Policy.
The Buy American Act does not apply to contracts for the
construction, alteration, or repair of any public building or public
work in the Republic of Panama. The Act applies only to acquisitions
for use inside the United States, as provided in FAR 25.202.
48 CFR 3525.202 Subpart 3525.3 -- Balance of Payments Program
48 CFR 3525.300-70 Applicability.
In accordance with Article IX of the Agreement in Implementation of
Article III of the Panama Canal Treaty, the Balance of Payments
provisions limiting purchase of foreign products or services shall not
apply to purchases for use by the Commission of --
(a) Articles, materials, or supplies that are produced in Panama
(mined, produced, or manufactured);
(b) End products, the largest percentage of which are components of
Panamanian origin; and
(c) Services which are available in Panama.
48 CFR 3525.302 Policy.
(a) The cognizant HCA is the official designated to make the
determination required by FAR 25.302(b)(3) that a requirement can only
be filled by a foreign end product or service, and that it is not
feasible to forego filling it or to provide a domestic substitute.
(b)(6) The Procurement Executive is the official designated to make
the determination, with the assistance of legal counsel, that the
acquisition of foreign end products or services is required by a treaty
or executive agreement between governments.
48 CFR 3525.302 Subpart 3525.4 -- Purchases Under the Trade Agreements Act of 1979
48 CFR 3525.402 Policy.
(c) Pursuant to a delegation from the United States Trade
Representative under the authority provided by section 302(b)(2) of the
Trade Agreements Act, the Administrator of the Panama Canal Commission
is authorized to waive, on a case-by-case basis, the purchasing
prohibition of section 302(a)(1) of the Act. The Administrator has
delegated this waiver authority to the Procurement Executive.
48 CFR 3525.402 Subpart 3525.670 -- Customs and Duties, Republic of Panama
48 CFR 3525.670-1 Policy.
(a) Article XVI of the Agreement in Implementation of Article III of
the Panama Canal Treaty provides that all property imported into the
Republic of Panama for the official use or benefit of the Commission,
including that imported by its contractors or subcontractors in
connection with the various activities authorized under said Agreement,
shall be exempt from the payment of all customs duties or other import
taxes and charges and from all license requirements.
(b) All property imported into the Republic of Panama free of customs
duties and other taxes may be exported free of customs duties, export
permits, export taxes, and other assessments. All property acquired in
the Republic of Panama by, or in the name of, the Commission may be
exported free of customs duties, export licenses, and other export taxes
or charges.
48 CFR 3525.670-2 Procedures.
When requested by the contractor or its representative, the
contracting officer will initiate a cargo certification document stating
that the property being imported is for the official use or benefit of
the Commission. The cargo certification document is then processed by
the Cargo Documentation Section of the Commission's Administrative
Services Division for presentation by the contractor or representative
to the appropriate authorities in the Republic of Panama.
48 CFR 3525.670-2 Subpart 3525.8 -- International Agreements and Coordination
48 CFR 3525.801 International agreements.
The Panama Canal Treaty and the Agreement in Implementation of
Article III of the Treaty affect the contracting activities of the
Commission. Contracting officers shall give particular attention to the
provisions in these agreements that pertain to acquisition procedures,
contractors' taxes, facilities, and other matters relating to
contracting.
48 CFR 3525.801-70 Language.
(a) Solicitations and contracts shall be issued in the English
language.
(b) All offers, correspondence and documents related to solicitations
and contracts shall be submitted in the English language.
(c) Where inconsistencies between the terms of solicitations or
contracts and any translation into another language occur, the English
language meaning shall control.
48 CFR 3525.801-71 Choice of law.
All matters relating to the validity, construction, interpretation,
performance, and enforcement of any contract awarded by the Commission
shall be determined in accordance with the applicable Federal law of the
United States.
48 CFR 3525.801-72 Immunity.
Under Article VIII of the Treaty, agencies and instrumentalities of
the Government of the United States of America operating in the Republic
of Panama pursuant to the Treaty and related agreements shall be immune
from the jurisdiction of the Republic of Panama, and their
installations, official archives and documents, shall be inviolable.
48 CFR 3525.801-73 Designated contractors.
(a) Definition.
Designated contractors means:
(1) (i) Natural persons who are nationals or permanent residents of
the United States, or (ii) Corporations or other legal entities
organized under the laws of the United States, any state thereof, or the
District of Columbia, and which are under the effective control of such
natural persons --
(A) To whom contracts are awarded by the Commission, and
(B) Who are so designated in writing by the Commission.
(2) The term also includes subcontractors of designated contractors:
(i) Who are nationals or permanent residents of the United States, or
(ii) Which are corporations or other legal entities organized under
the laws of the United States, any state thereof, or the District of
Columbia, and which are under the effective control of United States
nationals or permanent residents.
(3) Because Article XI of the Treaty's Implementing Agreement (see
paragraph (b) of this subsection and 3502.101) imposes certain
obligations and confers certain benefits on designated contractors, all
of which are dependent upon their or their employees' physical presence
in Panama, the term is understood to mean only those contractors and/or
subcontractors that will perform all or a portion of the contract work
in the Republic of Panama. Such contractors are normally designated at
the time of contract award.
(b) Obligations and benefits. Designated contractors are subject to
the laws and regulations of the Republic of Panama except for certain
obligations and benefits established in Article XI of the Agreement in
Implementation of Article III of the Treaty. These obligations and
benefits are cited below.
(1) The contractor must engage exclusively in activities related to
the execution of the work for which the contractor has been contracted
by the Commission or related to other works or activities authorized by
the Republic of Panama.
(2) The contractor must refrain from carrying out practices which may
constitute violations of the laws of the Republic of Panama.
(3) The contractor shall enter and depart from the territory of the
Republic of Panama in accordance with procedures prescribed for United
States citizen employees in Article XII of the Implementing Agreement.
(4) The contractor must obtain a document indicating his/her identity
as a contractor, which the proper authorities of the United States shall
issue when they are satisfied that the contractor is duly qualified.
This certificate shall be sufficient to permit the contractor to operate
under Panamanian law as a contractor of the United States.
Nevertheless, the authorities of the Republic of Panama may require the
registration of the appropriate documents to establish juridical
presence in the Republic of Panama.
(5) The contractor shall not be obliged to pay any tax or other
assessment to the Republic of Panama on income derived under a contract
with the Commission, so long as the contractor is taxed in the United
States at a rate substantially equivalent to the corresponding taxes and
assessments of the Republic of Panama.
(6) The contractor may move freely within the Republic of Panama, and
shall have exemptions from customs duties and other charges, as provided
for United States citizen employees in the Implementing Agreement.
(7) The contractor may use public services and installations in
accordance with the terms and conditions of Article XIII of the
Implementing Agreement and, on a non-discriminatory basis, shall pay the
Republic of Panama highway tolls and taxes on plates for private
vehicles.
(8) The contractor shall be exempt from any taxes imposed on
depreciable assets belonging to the contractor, other than real estate,
which are used exclusively for the execution of contracts with the
United States.
(9) The contractor may use the services and facilities provided for
in Articles X and XVIII of the Agreement in Implementation of Article IV
of the Panama Canal Treaty, to the extent such use is authorized by the
United States; provided, however, that after five years from the entry
into force of the Implementing Agreement, the use of military postal
services by such contractors shall be limited to that related to the
execution of contracts with the United States.
(c) Notification of designation. The contracting officer shall,
through the Director, Office of Executive Administration, advise
contractors that they are ''designated contractors'' within the meaning
of Article XI of the Implementing Agreement and advise them to review
their obligations thereunder. Such designations shall be communicated
to the authorities of the Republic of Panama by the authorities of the
United States. Contracting officers shall maintain current lists of
''designated contractors'' at all times.
(d) Withdrawal of designation. The Commission shall withdraw the
designation of a contractor when any of the following circumstances
occur:
(1) Completion or termination of the contract with the Commission.
(2) Proof that during the life of the contract such contractors have
engaged in the Republic of Panama in business activities not related to
their contracts with the United States nor authorized by the Republic of
Panama.
(3) Proof that such contractors are engaged in practices which in the
view of the Republic of Panama constitute serious violations of the laws
of the Republic of Panama.
The authorities of the United States shall notify the authorities of
the Republic of Panama whenever the designation of a contractor has been
withdrawn. If, within sixty days after notification of the withdrawal
of the designation of a contractor who entered the territory of the
Republic of Panama in the capacity of a contractor, the authorities of
the Republic of Panama require such contractor to leave its territory,
the United States shall ensure that the Republic of Panama shall not
incur any expense due to the cost of transportation.
(e) Impact on subcontractors, employees, and dependents. The
provisions of this 3525.801-73 shall similarly apply to the
subcontractors and to the employees of the contractors and
subcontractors and their dependents who are nationals or residents of
the United States. These employees and dependents shall not be subject
to the Panamanian Social Security system.
48 CFR 3525.801-74 Panamanian preference.
(a) Article IX of the Agreement in Implementation of Article III of
the Treaty provides that:
In procuring supplies and services, the Commission shall give
preference to those obtainable in the Republic of Panama. Such
preference shall apply to the maximum extent possible when such supplies
and services are available as required, and are comparable in quality
and price to those which may be obtained from other sources. For the
comparison of prices there shall be taken into account the cost of
transport to the Republic of Panama, including freight, insurance and
handling, of the supplies and services which compete with Panamanian
supplies and services. In the acquisition of goods in the Republic of
Panama, preference shall be given to goods having a larger percentage of
components of Panamanian origin.
(b) Part 3570 provides guidance on the implementation of the
Panamanian preference provisions of the Treaty's Implementing Agreement.
48 CFR 3525.801-75 Customary local business usage.
In acquisitions conducted in the Republic of Panama, customary local
business usage, where not inconsistent with the applicable Federal law
of the United States, may be followed. When conflicts develop between
local business usage and the requirements of the Federal Acquisition
Regulation, the matter shall be referred to the Procurement Executive,
who shall seek the opinion of legal counsel, as a deviation for
processing as required by 3501.405 and FAR 1.405.
48 CFR 3525.801-76 Contract clauses.
As used in this subsection, the term ''foreign'' means any country
other than the United States. The contracting officer shall insert the
following clauses in solicitations and contracts, as indicated below:
(a) In lieu of FAR clause 52.225-14, Inconsistency Between English
Version and Translation of Contract, the clause at 3552.225-70,
Language, whenever foreign offers are anticipated or contracts are
awarded to foreign contractors.
(b) The clause at 3552.225-71, Notice of Applicability of United
States Federal Law, whenever foreign offers are anticipated or contracts
are awarded to foreign contractors.
(c) The clause at 3552.225-72, Designated Contractors, whenever the
contract work is to be performed in whole or in part in the Republic of
Panama and offers are anticipated from, or contracts are awarded to,
U.S. contractors.
(d) The clause at 3552.225-73, Responsibility for Observance of Laws,
Orders, and Regulations, whenever the contract work is to be performed
in whole or in part in the Republic of Panama.
48 CFR 3525.801-76 SUBCHAPTER E -- GENERAL CONTRACTING REQUIREMENTS
48 CFR 3525.801-76 PART 3527 -- PATENTS, DATA AND COPYRIGHTS
Authority: 40 U.S.C. 486(c).
Source: 55 FR 7656, Mar. 2, 1990, unless otherwise noted.
Subpart 3527.3 -- Patent Rights Under Government Contracts
48 CFR 3527.304-3 Contracts for construction work or architect-engineer
services.
(b) The contracting officer shall insert the clause at 3552.227-70,
Government Rights, in all solicitations and contracts for
architect-engineer services or for construction involving
architect-engineer services, except those that call for or can be
expected to involve only ''standard types of construction'' to be built
by previously developed equipment, methods, and processes. (See FAR
27.304-3(b) for the meaning of the term ''standard types of
construction''.)
48 CFR 3527.304-3 PART 3528 -- BONDS AND INSURANCE
48 CFR 3527.304-3 Subpart 3528.1 -- Bonds
Sec.
3528.100 Scope of subpart.
3528.101 Bid or proposal guarantees.
3528.101-3 Contract clauses.
3528.102 Performance and payment bonds for construction contracts.
3528.102-1 General.
3528.102-3 Solicitation requirements.
3528.103 Performance and payment bonds for other than construction
contracts.
3528.103-2 Performance bonds.
3528.103-3 Payment bonds.
3528.103-70 Contract clauses.
48 CFR 3527.304-3 Subpart 3528.2 -- Sureties
3528.201 Requirements for sureties.
3528.202 Acceptability of corporate sureties.
3528.202-70 Corporate seals.
48 CFR 3527.304-3 Subpart 3528.3 -- Insurance
3528.301 Policy.
3528.305 Overseas workers' compensation and war-hazard insurance.
3528.309 Contract clause for workers' compensation insurance.
3528.370 Contract clause for special Panama insurance.
Authority: 40 U.S.C. 486(c); Article XVIII of the Agreement in
Implementation of Article III of the Panama Canal Treaty of 1977.
Source: 55 FR 7656, Mar. 2, 1990, unless otherwise noted.
48 CFR 3527.304-3 Subpart 3528.1 -- Bonds
48 CFR 3528.100 Scope of subpart.
Bid or proposal guarantees, performance bonds, and payment bonds in
Panama Canal Commission acquisitions may be required in contracts for
construction as that term is defined at FAR 36.102, and in contracts for
other than construction as explained at FAR 28.103.
3528.101 Bid or proposal guarantees.
48 CFR 3528.101-3 Contract clauses.
(a) When a guarantee is required, the contracting officer shall
insert the clause at 3552.228-70, Bid Guarantee Amount, in sealed bid
solicitations and contracts, or the clause at 3552.228-75, Proposal
Guarantee, in negotiated solicitations and contracts, as applicable.
(b) If the contract is to be negotiated, the contracting officer
shall insert the clause at 3552.228-75, Proposal Guarantee, in lieu of
the bid guarantee clause at FAR 52.228-1.
3528.102 Performance and payment bonds for construction contracts.
48 CFR 3528.102-1 General.
(a) The Miller Act (40 U.S.C. 270a-270f) requires performance and
payment bonds for any construction contract (including contracts for
alteration, or repair of any public building or public work) exceeding
$25,000, except that this requirement may be waived by the contracting
officer for work to be performed in a foreign country upon the finding
contemplated in FAR 28.102-1(a)(1). It has been determined by the Panama
Canal Commission General Counsel, however, that the contracting officer
may also establish requirements for such bonds for lesser dollar value
contracts when it has been determined that the financial protection
against damages is in the best interests of the Government.
Accordingly, the provisions of 3528.102-3 regarding solicitation
requirements must be followed.
48 CFR 3528.102-3 Solicitation requirements.
When performance or payment bonds are required, the contracting
officer shall insert the clauses at 3552.228-71, Bonds and Insurance,
and 3552.228-72, Bonds, in the solicitation and contract.
3528.103 Performance and payment bonds for other than construction
contracts.
48 CFR 3528.103-2 Performance bonds.
(a) Contracts for high dollar acquisitions of vital supplies, such as
cargo lot shipments of Bunker C fuel oil, is another situation that may
warrant a performance bond.
48 CFR 3528.103-3 Payment bonds.
(a) A payment bond may be considered to be in the Government's
interest when substantial progress payments are made before delivery of
end items starts (for example, in the acquisition of tugboats and
dredges).
48 CFR 3528.103-70 Contract clauses.
(a) Performance bonds. When a performance bond for other than
construction contracts is required pursuant to FAR 28.103-2(a), but a
payment bond is not required, the contracting officer shall insert the
clause at 3552.228-76, Performance Bond, in all such solicitations and
contracts. If a payment bond is also required (see FAR 28.103-3(a) and
3528.103-3(a)), the contracting officer shall insert the clause at
3552.228-77, Performance and Payment Bonds, in lieu of clause
3552.228-76.
(b) Payment bonds. When a payment bond for other than construction
contracts is required pursuant to FAR 28.103-3(a) and 3528.103-3(a), the
contracting officer shall insert the clause at 3552.228-77, Performance
and Payment Bonds, in all such solicitations and contracts.
48 CFR 3528.103-70 Subpart 3528.2 -- Sureties
48 CFR 3528.201 Requirements for sureties.
(a) In addition to those acceptable forms of security enumerated in
FAR 28.201, contracting officers may accept such Panamanian sureties as
may be approved in accordance with 3528.202(b).
(b) Contracting officers may not preclude the use by any offeror of
any type of security or surety permitted by FAR subpart 28.2 or this
subpart.
(55 FR 7656, Mar. 2, 1990; 55 FR 38331, Sept. 18, 1990)
48 CFR 3528.202 Acceptability of corporate sureties.
(b) The authority delegated to contracting officers in FAR 28.202(b)
to determine the acceptability of sureties not appearing on Treasury
Department Circular 570 for contracts performed in a foreign country is
vested in the Chief Financial Officer of the Panama Canal Commission.
The procedure for approving such sureties is prescribed in the
Commission's Financial Systems Manual 99.333.
(55 FR 7656, Mar. 2, 1990. Redesignated and amended at 55 FR 38331,
Sept. 18, 1990)
48 CFR 3528.202-70 Corporate seals.
(a) In the event that a ''Corporate Seal,'' as required in the
instructions for preparation of any standard form or document, is not
used due to the dictates of custom, practice, or law within Panama or
other foreign countries, such bonds shall be accepted provided the
contracting officer is satisfied, with the concurrence of legal counsel,
that the person signing the bond is authorized to bind the surety (see
FAR 4.102).
(b) In the case of acquisitions conducted using the sealed bid method
described in FAR part 14, bids which do not include required bid bonds
must be rejected as nonresponsive except as provided in FAR 28.101-4.
See also FAR 14.405 regarding minor informalities or irregularities in
bids.
48 CFR 3528.202-70 Subpart 3528.3 -- Insurance
48 CFR 3528.301 Policy.
(b) In addition to the requirements of FAR 28.301(b), designated
contractors (see 3525.801-73(a)), as prescribed at paragraph 7 of
Article XVIII of the Agreement in Implementation of Article III of the
Panama Canal Treaty of 1977, shall, upon initiation of work or
construction activities, obtain appropriate insurance to cover civil
liabilities in the Republic of Panama that may arise as a result of acts
or omissions done in the performance of official duty by their
employees. The insurance coverage shall include coverage for the
tortious conduct of their employees. Such insurance may be obtained
from insurance companies licensed to engage in such business within the
Republic of Panama.
48 CFR 3528.305 Overseas workers' compensation and war-hazard insurance.
(d) Pursuant to a waiver granted by the Secretary of Labor, effective
January 22, 1980, the provisions of the Defense Base Act are not
applicable to any public-work contract awarded by the Panama Canal
Commission in the Panama Canal area with respect to non-U.S. citizen
employees, i.e., any Panamanian or other foreign national, employed
under such contracts. The waiver does not apply, however, to employees
who are:
(1) Hired in the United States by any contractor;
(2) Residents of the United States; or
(3) Citizens of the United States.
The waiver was granted with the proviso that the non-U.S. citizen
employees thus exempted from the provisions of the Defense Base Act will
be provided workers' compensation benefits prescribed in the Panamanian
Social Security System.
48 CFR 3528.309 Contract clause for workers' compensation insurance.
(a) In addition to FAR clause 52.228-3, Workers' Compensation
Insurance (Defense Base Act), prescribed at FAR 28.309(a)(1), the
contracting officer shall insert the clause at 3552.228-73, Non-U.S.
Workers' Compensation Insurance, in all public-work solicitations and
contracts in which the employment of Panamanian or other foreign
nationals is anticipated (see 3528.305(d)).
48 CFR 3528.370 Contract clause for special Panama insurance.
The contracting officer shall insert the clause at 3552.228-74,
Special Panama Insurance, in all public-work solicitations and
contracts:
(a) Which are to be performed in whole or in part in the Republic of
Panama, and
(b) For which offers are anticipated from, or contracts are awarded
to, U.S. contractors.
48 CFR 3528.370 PART 3529 -- TAXES
48 CFR 3528.370 Subpart 3529.4 -- Contract Clauses
3529.402 Foreign contracts.
3529.402-1 Foreign fixed-price contracts.
Authority: 40 U.S.C. 486(c); Articles XI and XII of the Agreements
in Implementation of Articles III and IV of the Panama Canal Treaty of
1977, respectively.
Source: 55 FR 7657, Mar. 2, 1990, unless otherwise noted.
48 CFR 3528.370 Subpart 3529.4 -- Contract Clauses
48 CFR 3529.402 Foreign contracts.
48 CFR 3529.402-1 Foreign fixed-price contracts.
(a) Procedures regarding FAR clause 52.229-6. In recognition of the
fundamental purpose of paragraph 2(e) of Articles XI and XII of the
Agreements in Implementation of Articles III and IV of the Panama Canal
Treaty of 1977, respectively, representatives of the Governments of the
United States and Panama approved an Agreement on Taxation of
Contractors on August 6, 1986. This taxation agreement impacts on U.S.
contractors in certain circumstances. In order to alert prospective
contractors to this possibility, the following procedures shall apply
regarding FAR clause 52.229-6:
(1) The contracting officer shall supplement FAR clause 52.229-6,
Taxes -- Foreign Fixed-Price Contracts, by inserting the following note
at the end of the clause in all solicitations and contracts, unless the
acquisition is a small purchase under FAR part 13 that:
(i) Will not require the contractor's presence in Panama, or
(ii) Does not solicit U.S. offerors:
Note: If the Contractor is a U.S. contractor, such contractor is
advised that, pursuant to a taxation agreement between the Governments
of the United States and Panama, U.S. contractors and subcontractors,
including their U.S. citizen or U.S. permanent resident employees, may
be required to file tax returns with, as well as provide corresponding
U.S. tax information to, the Government of Panama on income arising
under or relating to Panama Canal Commission contracts. This
requirement is applicable when the contractor, subcontractor, or
individual employee is present in the Republic of Panama in connection
with one or more Commission contracts for more than 90 calendar days
during the relevant tax year. This description of the stated
requirement is not intended, nor should it be construed, to be a legal
analysis of the taxation agreement. The Commission assumes no
responsibility or liability for a contractor's or individual's
obligation under the taxation agreement, nor for the interpretation of
such agreement. A copy of the taxation agreement will be provided to
the contractor or prospective contractor upon request to the contracting
officer.
(2) If clause 52.229-6 is incorporated by reference, rather than in
full text, insert the note directly below the title of the clause.
(3) Include elsewhere in the body of the solicitation the following
note to alert offerors that clause 52.229-6 has been supplemented. In
supply and service solicitations, this note should normally be inserted
in Section B following the blanks provided for offerors to insert line
item prices. In construction solicitations, the note should normally be
attached to Standard Form 1442 or inserted in the solicitation's Special
Conditions. In small purchase acquisitions, the note is to be included
in the document requesting prices or by separate attachment to the
document. If a U.S. contractor wins the small purchase award, the note
shall be incorporated either (i) in full text, or (ii) by reference, on
the purchase order or other award document.
Note: Offerors' attention is directed to the note added at the end
of clause 52.229-6, Taxes -- Foreign Fixed-Price Contracts. The note is
an advisory notice regarding possible tax obligations under certain
circumstances of U.S. contractors, subcontractors, and their employees
to the Government of Panama. If the circumstances appear to be
applicable, offerors may obtain additional information by contacting the
contracting office at the address or phone number provided elsewhere in
this solicitation.
(4) If additional information regarding the taxation agreement is
requested of Panama Canal Commission employees, either before or after
award, the individual who receives the request shall promptly notify the
contracting officer and the Office of General Counsel who shall
determine, in conjunction with the Office of Executive Administration,
the appropriate action to be taken.
(5) Contracting officers shall serve as the official liaison, for
purposes of the taxation agreement, between offerors/contractors and the
Commission. The taxation agreement provides for the classification of
contractors into two categories, resident and non-resident, by
representatives of the Governments of the United States and Panama
according to criteria set forth in the agreement. The representative of
the United States Government is the Assistant Director, Policy and
Programs, Office of Executive Administration. Classifications, when
confirmed by the two representatives, will be communicated to the
respective contractors by the contracting officer.
48 CFR 3529.402-1 PART 3531 -- CONTRACT COST PRINCIPLES AND PROCEDURES
Authority: 40 U.S.C. 486(c).
Source: 55 FR 7658, Mar 2, 1990, unless otherwise noted.
48 CFR 3529.402-1 Subpart 3531.2 -- Contracts with Commercial Organizations
48 CFR 3531.205-46 Travel costs.
(a) Fixed-price type contracts that provide for separate
reimbursement of travel and per diem shall state that such reimbursement
will not exceed rates established in applicable Federal Travel
Regulations.
(b) The clause at 3552.231-70, Travel Costs, shall be included in
contracts as described in paragraph (a) of this subsection.
48 CFR 3531.205-46 PART 3532 -- CONTRACT FINANCING
Sec.
3532.000 Scope of part.
48 CFR 3531.205-46 Subpart 3532.1 -- General
3532.111 Contract clauses.
48 CFR 3531.205-46 Subpart 3532.4 -- Advance Payments
3532.402 General.
3532.407 Interest.
48 CFR 3531.205-46 Subpart 3532.6 -- Contract Debts
3532.600 Scope of subpart.
3532.601 Definition.
3532.602 General.
3532.603 Applicability.
3532.608 Negotiation of contract debts.
3532.608-70 Procedures.
3532.610 Demand for payment of contract debt.
48 CFR 3531.205-46 Subpart 3532.7 -- Contract Funding
3532.705 Contract clauses.
3532.705-1 Clauses for contracting in advance of funds.
48 CFR 3531.205-46 Subpart 3532.8 -- Assignment of Claims
3532.802 Conditions.
3532.806 Contract clause.
48 CFR 3531.205-46 Subpart 3532.9 -- Prompt Payment
3532.901 Applicability.
Authority: 40 U.S.C. 486(c).
Source: 55 FR 7658, Mar. 2, 1990, unless otherwise noted.
48 CFR 3532.000 Scope of part.
This part implements and supplements FAR part 32 and provides
Commission policies and procedures for contract financing and other
payment matters, including --
(a) Advance payments;
(b) Contract debts;
(c) Assignment of claims; and
(d) Prompt payment implementation.
48 CFR 3532.000 Subpart 3532.1 -- General
48 CFR 3532.111 Contract clauses.
(a) (7) The clause at 3552.232-70, Contract Payments, in
solicitations and contracts for construction when the contracting
officer determines that the value of materials delivered to the work
site may be taken into account in preparing the progress payment
estimate.
(8) The clause at 3552.232-73, Invoices, in all solicitations and
contracts except small purchases. The clause or a modified version of
the clause may be used in small purchases.
48 CFR 3532.111 Subpart 3532.4 -- Advance Payments
48 CFR 3532.402 General.
(e) (1) The Procurement Executive is responsible for approving
findings and determinations supporting the use of advance payments and
approving contract terms concerning advance payments. These approvals
must have the concurrence of the General Counsel.
(2) The contracting officer shall coordinate proposed advance payment
authorizations with the Accounting Division.
48 CFR 3532.407 Interest.
(d) The Procurement Executive is authorized to approve advance
payments without interest.
48 CFR 3532.407 Subpart 3532.6 -- Contract Debts
48 CFR 3532.600 Scope of subpart.
This subpart assigns responsibilities and provides procedures for the
collection of contract debts, including collection of debts under
contracts for the transportation of household goods.
48 CFR 3532.601 Definition.
Responsible official, as used in this subpart, means the contracting
officer.
48 CFR 3532.602 General.
In addition to the examples cited in FAR 32.602, contract debts may
include those arising from claims under contracts for the transportation
of household goods.
48 CFR 3532.603 Applicability.
When the Commission withholds payments due a contractor to satisfy a
contractor's debt to the Government, the Debt Collection Act of 1982 and
FAR subpart 32.6 apply. As a claim arising under a Government contract,
any offset is governed by the Contract Disputes Act of 1979.
3532.608 Negotiation of contract debts.
48 CFR 3532.608-70 Procedures.
The Commission shall adhere to the following procedures prior to
withholding a payment due a contractor to satisfy a debt owed by the
contractor.
(a) The Commission shall use all proper means available for
collecting a contract debt as rapidly as possible. This includes direct
communication to obtain full payment or to negotiate an appropriate
settlement.
(b) If the contractor fails to respond expeditiously and in good
faith to contacts from the contracting officer, and if justifiable under
the contract, the contracting officer shall promptly make a unilateral
determination of the amount the contractor owes the Commission. The
unilateral debt determination is made when neither payment nor a
settlement has been reached. The unilateral debt determination is
issued to the contractor by the contracting officer as a final decision
under the Contract Disputes Act.
(c) A demand for payment of the contract debt shall be made
contemporaneously with the contracting officer's issuance of the
unilateral debt determination to the contractor.
48 CFR 3532.610 Demand for payment of contract debt.
(b) Demands for payment shall include, in addition to those items
listed in FAR 32.610(b), the following:
(1) The offer of an opportunity to inspect and copy the records of
the Commission related to the debt, 31 U.S.C. 3716(a)(2).
(2) The offer of an opportunity of a review of the Commission's
decision relating to the debt, 31 U.S.C. 3716(3).
(3) The offer of an opportunity to enter into an agreement with the
Commission to repay the amount of the debt.
(c) With respect to contracts for the transportation of household
goods, claims by employees and, in turn, by the Commission, must be
processed in a timely manner. The usual commercial terms for bills of
lading require that any claim be filed against the contractor within
nine months of shipment delivery. Government bills of lading are
subject to these same rules and conditions. FAR clause 52.247-23, which
is included in contracts for the transportation of household goods,
specifies that the contractors will be notified of any damages within a
maximum of 45 days from date of delivery.
48 CFR 3532.610 Subpart 3532.7 -- Contract Funding
3532.705 Contract clauses.
48 CFR 3532.705-1 Clauses for contracting in advance of funds.
In lieu of either of the clauses prescribed at FAR 32.705-1(a) and
(b), the contracting officer may insert the clause at 3552.232-71,
Availability of Funds, in solicitations and contracts --
(a) That are to be awarded in one fiscal year with performance to
begin in the following fiscal year, or
(b) That are to extend into the following fiscal year, or
(c) In situations when the circumstances in paragraphs (a) and (b) of
this subsection both apply.
48 CFR 3532.705-1 Subpart 3532.8 -- Assignment of Claims
48 CFR 3532.802 Conditions.
(b) Panamanian firms may assign contracts to a local bank in
accordance with recognized local banking practice.
48 CFR 3532.806 Contract clause.
(a) In addition to the clauses prescribed in FAR 32.806, the
contracting officer may insert the clause at 3552.232-72, Presentation
of Statement of Release from Claims, in solicitations and contracts when
appropriate, unless the contract will prohibit the assignment of claims.
48 CFR 3532.806 Subpart 3532.9 -- Prompt Payment
48 CFR 3532.901 Applicability.
In consonance with subpart 3570.1, Panamanian Preference, the
Administrator has determined, pursuant to FAR 32.904, to extend coverage
of the interest penalty provisions of FAR subpart 32.9 to contracts
awarded to Commission vendors located in the Republic of Panama.
48 CFR 3532.901 PART 3533 -- PROTESTS, DISPUTES, AND APPEALS
Sec.
3533.000 Scope of part.
48 CFR 3532.901 Subpart 3533.1 -- Protests
3533.103 Protests to the agency.
3533.104 Protests to GAO.
48 CFR 3532.901 Subpart 3533.2 -- Disputes and Appeals
3533.203 Applicability.
Authority: 40 U.S.C. 486(c).
Source: 55 FR 7659, Mar. 2, 1990, unless otherwise noted.
48 CFR 3533.000 Scope of part.
This part prescribes Commission policies and procedures for filing
protests and for processing contract disputes and appeals.
48 CFR 3533.000 Subpart 3533.1 -- Protests
48 CFR 3533.103 Protests to the agency.
(a) The cognizant Head of the Contracting Activity is the official
designated to make the determination(s) required by FAR 33.103(a)(1),
(2), or (3) whenever an award is contemplated notwithstanding the
protest to the agency.
(c) (1) Protests to the Commission based upon alleged improprieties
in a solicitation which are apparent prior to bid opening or the closing
date for receipt of initial proposals shall be filed with the
contracting officer prior to bid opening or the closing date for receipt
of initial proposals, or any extended bid opening or closing date for
receipt of proposals.
(2) All other protests to the Commission shall be filed with the
contracting officer not later than 10 working days after the basis of
the protest is known or should have been known.
(d) The General Counsel shall review protests to the Commission as a
matter of first priority, and advise the contracting officer
expeditiously.
(e) The contracting officer shall decide protests to the Commission
within 10 working days from receipt of a protest and promptly inform the
protestor and other interested parties of that decision.
48 CFR 3533.104 Protests to GAO.
(a) General. Protests to the General Accounting Office (GAO)
concerning Commission acquisitions shall be processed in accordance with
FAR 33.104. The General Counsel shall prepare the report to GAO required
at FAR 33.104(a)(5) and shall serve as the designated contact office for
GAO. The contracting officer shall review protests to GAO as a matter
of first priority, and shall advise, support, and furnish information to
the General Counsel expeditiously.
48 CFR 3533.104 Subpart 3533.2 -- Disputes and Appeals
48 CFR 3533.203 Applicability.
Pursuant to an interagency agreement between the Panama Canal
Commission and the Corps of Engineers Board of Contract Appeals
(ENGBCA), the ENGBCA will hear appeals from final decisions of
Commission contracting officers issued pursuant to the Contract Disputes
Act.
48 CFR 3533.203 SUBCHAPTER F -- SPECIAL CATEGORIES OF CONTRACTING
48 CFR 3533.203 PART 3536 -- CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
48 CFR 3533.203 Subpart 3536.1 -- General
Sec.
3536.101 Applicability.
3536.103 Methods of contracting.
48 CFR 3533.203 Subpart 3536.2 -- Special Aspects of Contracting for
Construction
3536.201 Evaluation of contractor performance.
3536.203 Government estimate of construction costs.
3536.207 Pricing fixed-price construction contracts.
3536.207-70 Use of indefinite delivery contracts.
3536.209 Construction contracts with architect-engineer firms.
3636.270 Special aspects of contracting for construction in Panama.
3536.270-1 General.
3536.270-2 Special contract considerations.
48 CFR 3533.203 Subpart 3536.3 -- Special Aspects of Sealed Bidding in
Construction Contracting
3536.303 Invitations for bids.
3536.370 Additive items.
3536.371 Solicitation provisions.
48 CFR 3533.203 Subpart 3536.5 -- Contract Clauses and Form
3536.570 Special Panama Canal Commission contract clauses.
3536.571 Special Panama Canal Commission form.
48 CFR 3533.203 Subpart 3536.6 -- Architect-Engineer Services
3536.602 Selection of firms for architect-engineer contracts.
3536.602-2 Evaluation boards.
3536.602-4 Selection authority.
3536.602-5 Short selection processes for contracts not to exceed
$10,000.
3536.604 Performance evaluation.
3536.605 Government cost estimate for architect-engineer work.
3536.606 Negotiations.
3536.606-70 Modifications.
3536.670 Government rights to plans, specifications, and drawings.
Authority: 40 U.S.C. 486(c).
Source: 55 FR 7660, Mar. 2, 1990, unless otherwise noted.
48 CFR 3533.203 Subpart 3536.1 -- General
48 CFR 3536.101 Applicability.
(a) Construction, which includes alteration, maintenance, and repair
of real property, and architect-engineer contracts are subject to the
requirements in other parts of this regulation, which shall be followed
when applicable.
(b) When a requirement in this part is inconsistent with a
requirement in another part of this regulation, this part 3536 shall
take precedence if the acquisition of architect-engineer services is
involved.
48 CFR 3536.103 Methods of contracting.
(a) Notwithstanding the exception in FAR 36.103(a) for contracts to
be performed outside the United States, construction in Panama shall be
acquired using sealed bid procedures, unless one of the four conditions
in FAR 6.401(a) cannot be met. In that event, the contracting officer
shall document the contract file in accordance with FAR 6.401.
(b) Contracting officers shall acquire architect-engineer services by
negotiation, and select sources in accordance with applicable law, FAR
subpart 36.6, and subpart 3536.6 of this regulation.
48 CFR 3536.103 Subpart 3536.2 -- Special Aspects of Contracting for Construction
48 CFR 3536.201 Evaluation of contractor performance.
(a) Preparation of performance evaluation reports. The authorized
representative of the contracting officer (COR) shall prepare the
contractor performance report prescribed in FAR 36.201 within two weeks
after final acceptance of the work or contract termination. Prior to
submitting any report of unsatisfactory performance to the reviewing
official, the COR shall advise the contractor of any proposed
unsatisfactory rating and include any written comments from the
contractor regarding such rating in the report (see FAR 36.201(a)(3)).
(b) Review of performance reports. The contracting officer shall
review each performance report.
(c) Distribution and use of performance reports. Information from
the performance report shall not be released outside of the Commission,
except to other Government agencies at their written request, and on
condition that the information will not be made available outside the
Government. Requests from non-Government sources for information from
performance reports shall be processed in accordance with 35 CFR part 9.
48 CFR 3536.203 Government estimate of construction costs.
(c) The overall amount of the Government's estimate shall not be
disclosed prior to award under any circumstance to persons other than
Commission personnel whose official duties, as determined by the
contracting officer, require knowledge of the estimate.
3536.207 Pricing fixed-price construction contracts.
48 CFR 3536.207-70 Use of indefinite-delivery contracts.
Any of the forms of indefinite-delivery contracts described in FAR
subpart 16.5 may be used to contract for construction when deemed
appropriate by the contracting officer.
48 CFR 3536.209 Construction contracts with architect-engineer firms.
No contract for construction shall be awarded to the firm, or its
subsidiaries or affiliates, that designed the project except with the
approval of the Head of Contracting Activity.
3536.270 Special aspects of contracting for construction In Panama.
48 CFR 3536.270-1 General.
In contracts which are entered into with Panamanian or other foreign
contractors for performance in Panama, the term ''United States'' shall
appear before the word ''Government.''
48 CFR 3536.270-2 Special contract considerations.
When construction is to be performed in the Republic of Panama by
designated United States contractors, Panamanian contractors, or others,
the solicitation and contract should include references to the
applicable laws, regulations, treaties, and agreements of the United
States and the Republic of Panama (see subpart 3525.8) relating to:
(a) The duty-free importation of material and equipment;
(b) The payment of taxes applicable to contractors, personnel,
materials, and equipment (see parts 3525 and 3529);
(c) The applicability of workmen's compensation laws and other labor
laws to citizens of the United States, citizens of Panama, and citizens
of other countries (see subpart 3528.3);
(d) The provision of utility services;
(e) The provision of Commission or Government-owned materials or
services;
(f) The disposition of surplus materials and equipment;
(g) The need for civil liability insurance for employees of
contractors and subcontractors (see 3528.301);
(h) The handling of claims and litigation;
(i) The requirements for bid or proposal guarantees, performance
bonds, and payment bonds (see subpart 3528.1);
(j) Acceptability of sureties not listed in Treasury Department
Circular 570 (see subpart 3528.2);
(k) Consideration of Panamanian preference in accordance with part
3570;
(l) Any other special solicitation provisions prescribed in subpart
3536.3; and
(m) Any other problems which can be foreseen and appropriately
resolved contractually.
48 CFR 3536.270-2 Subpart 3536.3 -- Special Aspects of Sealed Bidding in
Construction Contracting
3536.303 Invitations for bids.
48 CFR 3536.370 Additive items.
Prior to the issuance of an invitation for bids, the contracting
officer shall ascertain that adequate funds have been certified as being
available for the proposed acquisition. However, if funds appear to be
insufficient for all features of the Government's requirement, the
contracting officer shall insert in the invitation a solicitation
provision for a base bid and one or more additive items, as prescribed
at 3536.371(a) (7) or (8).
48 CFR 3536.371 Solicitation provisions.
(a) The contracting officer shall insert the following provisions in
invitations for bids for construction when applicable:
(1) The provision at 3552.214-70, Price -- Sealed Bidding, as
prescribed at 3514.201-6(a)(1);
(2) The provision at 3552.214-71, Additional Data To Be Submitted, as
prescribed at 3514.201-6(b)(1);
(3) The provision at 3552.214-72, Rejection of Bids, as prescribed at
3514.201-6(b)(2);
(4) The provision at 3552.214-73, Caution -- Sealed Bidding, as
prescribed at 3514.201-6(a)(2);
(5) The provision at 3552.214-75, All or None Award -- Sealed Bidding
-- Construction, as prescribed at 3514.201-6(d);
(6) The provision at 3552.236-70, Mailing of Correspondence and Bids,
in all invitations for bids for construction;
(7) The provision at 3552.236-71, Additive Items, in invitations for
bids for construction that contain one or more additive bid items to be
awarded with the base bid item in the numerical order of priority that
the additive bid items appear in the bid schedule within the funds
available;
(8) The provision at 3552.236-71, Additive Items -- Alternate I, in
invitations for bids for construction that contain one or more additive
bid items to be awarded with the base bid item in any combination within
the funds available; and
(9) The provision at 3552.236-72, Cost Limitation, in invitations for
bids for construction that contain one or more items subject to
statutory cost limitations, except when a waiver has been granted
pursuant to FAR 36.205.
(b) The contracting officer shall insert the following provisions in
negotiated solicitations for construction when applicable:
(1) The provision at 3552.215-70, Price, as prescribed at
3515.407(a)(1);
(2) The provision at 3552.215-71, Caution, as prescribed at
3515.407(a)(2); and
(3) The provision at 3552.215-72, All or None Award, as prescribed at
3515.407(b).
(c) The contracting officer shall insert the provision at
3552.209-70, Organizational Conflict of Interest
Certification/Disclosure, in invitations for bids and negotiated
solicitations for construction when applicable, as prescribed at
3509.508-1.
48 CFR 3536.371 Subpart 3536.5 -- Contract Clauses and Form
48 CFR 3536.570 Special Panama Canal Commission contract clauses.
The contracting officer shall insert the following clauses in
solicitations and contracts for construction when applicable:
(a) The clause at 3552.225-70, Language, as prescribed at
3525.801-76(a);
(b) The clause at 3552.225-71, Notice of Applicability of United
States Federal Law, as prescribed at 3525.801-76(b);
(c) The clause at 3552.225-72, Designated Contractors, as prescribed
at 3525.801-76(c);
(d) The clause at 3552.225-73, Responsibility for Observance of Laws,
Orders, and Regulations, as prescribed at 3525.801-76(d);
(e) The clause at 3552.228-70, Bid Guarantee Amount, or the clause at
3552.228-75, Proposal Guarantee, as prescribed at 3528.101-3(a). If the
proposal guarantee clause is used, the bid guarantee clause at FAR
52.228-1 shall not be used (see 3528.101-3(b));
(f) The clause at 3552.228-71, Bonds and Insurance, as prescribed at
3528.102-3;
(g) The clause at 3552.228-72, Bonds, as prescribed at 3528.102-3;
(h) In addition to FAR clause 52.228-3, Workers' Compensation
Insurance (Defense Base Act), the clause at 3552.228-73, Non-U.S.
Workers' Compensation Insurance, as prescribed at 3528.309(a);
(i) The clause at 3552.228-74, Special Panama Insurance, as
prescribed at 3528.370;
(j) In addition to FAR clause 52.232-5, Payments Under Fixed-Price
Construction Contracts, the clause at 3552.232-70, Contract Payments, as
prescribed at 3532.111(a)(7), the clause at 3552.232-72, Presentation of
Statement of Release from Claims, as prescribed at 3532.806(a), and the
clause at 3552.232-73, Invoices, as prescribed at 3532.111(a)(8);
(k) The clause at 3552.236-73, Scope of Work, in all solicitations
and contracts for construction;
(l) In addition to FAR clause 52.236-10, Operations and Storage
Areas, the clause at 3552.236-74, Work Sites, Yards, Shops, and Offices,
when a fixed-price construction contract is contemplated;
(m) The clause at 3552.236-75, Work Time Limitations, in all
solicitations and contracts for construction;
(n) In lieu of FAR clause 52.236-13, Accident Prevention, insert the
clause at 3552.236-76, Accident Prevention, when a fixed-price
construction contract is contemplated;
(o) The clause at 3552.236-77, Working in Confined Spaces, when the
contracting officer anticipates that the contractor may have to work in
confined or enclosed spaces;
(p) The clause at 3552.236-78, Safety Sign, when the contracting
officer determines that the location of the work site warrants its
inclusion;
(q) The clause at 3552.236-79, Protection of Material and Work, in
all solicitations and contracts for construction;
(r) The clause at 3552.236-80, Toilet Facilities, when the
contracting officer determines that the location of the work site
warrants its inclusion;
(s) The clause at 3552.236-81, Drinking Water, when the contracting
officer determines that the location of the work site warrants its
inclusion;
(t) In addition to FAR clause 52.236-15, Schedules for Construction
Contracts, the clause at 3552.236-82, Contract Bid Breakdown, when a
fixed-price construction contract is contemplated and the period of
actual work performance is expected to exceed 60 days;
(u) In addition to FAR clause 52.236-21, Specifications and Drawings
for Construction, and FAR clause 52.236-5, Material and Workmanship, the
clauses at: 3552.236-83, Descriptive Data and Correspondence,
3552.236-84, Instruction Books, and 3552.236-85, Record Drawings, when a
fixed-price construction contract is contemplated;
(v) The clause at 3552.236-86, Restricted Areas, when the contracting
officer anticipates that any portion of the contract work may have to be
performed in a restricted area;
(w) The clause at 3552.243-70, Modification Proposals -- Price
Breakdown, as prescribed at 3543.205;
(x) The clause at 3552.244-70, Subcontractors, in all solicitations
and contracts for construction;
(y) The clause at 3552.236-87, Surplus Space, in all solicitations
and contracts for construction. The clause may also be used in
solicitations and contracts for supplies or services if the contracting
officer determines that its use is appropriate.
(z) The clause at 3552.209-71, Organizational Conflict of Interest,
as prescribed at 3509.508-2.
48 CFR 3536.571 Special Panama Canal Commission form.
Panama Canal Form 3062, Submittal Data For Approval, shall be used by
contractors as a transmittal document when data and/or samples are to be
submitted for the contracting officer's approval pursuant to FAR clause
52.236-5 or clause 3552.236-83 of this regulation.
48 CFR 3536.571 Subpart 3536.6 -- Architect-Engineer Services
3536.602 Selection of firms for architect-engineer contracts.
48 CFR 3536.602-2 Evaluation boards.
(a) The Panama Canal Commission Architect-Engineer Evaluation Board
is established as a central board within the Commission under authority
delegated to the Director, Engineering and Construction Bureau. The
Board shall perform all Commission architect-engineer evaluations, data
collection, and files maintenance. The Commission Board shall be
composed of not less than three nor more than five voting members and
one non-voting advisory member from the contracting office. The
following constitutes the minimum composition of the Board:
(1) Member and Chairman -- A designee of the Chief, Engineering
Division;
(2) Member -- A professional engineer or architect from a division of
one of the Commission's other bureaus, to be designated by the Chairman;
(3) Member -- A program official initiating the requirement or a
designated representative; and
(4) Advisory Member -- A contracting officer or representative.
(b) The Chief, Engineering Division may appoint additional voting
members as may be appropriate for a particular project.
(c) In the event of an emergency or extended absence, a member may
designate, in writing, with the concurrence of the Chairman, an
alternate experienced in architecture, engineering, or construction to
serve in the member's absence.
(d) The duties of the advisory member shall include, but not be
limited to, assuring that --
(1) The criteria set forth in the public notice are applied in the
evaluation process; and
(2) Actions taken during the evaluation process do not compromise
subsequent procurement actions.
48 CFR 3536.602-4 Selection authority.
The Director, Engineering and Construction Bureau shall serve as the
Commission's selection authority for the evaluation board.
48 CFR 3536.602-5 Short selection processes for contracts not to exceed
$10,000.
Both short selection processes permitted by FAR 36.602-5 are
authorized.
48 CFR 3536.604 Performance evaluation.
Evaluation of architect-engineer contracts shall be in accordance
with the procedures prescribed in 3536.201, except that SF 1421,
Performance Evaluation (Architect-Engineer), shall be used in lieu of SF
1420, and that a copy of the performance evaluation shall be provided to
the Architect-Engineer Evaluation Board for its files pursuant to FAR
36.604(c).
48 CFR 3536.605 Government cost estimate for architect-engineer work.
(b) The overall amount of the Government's cost estimate shall not be
disclosed under any circumstance to persons other than Government
personnel whose official duties, in the judgment of the contracting
officer, require knowledge of the estimate.
48 CFR 3536.606 Negotiations.
(a) Negotiations shall be conducted with the first selected
architect-engineer until a price which is fair and reasonable and not in
excess of the Government estimate, revised to correct errors of fact or
judgment, has been obtained. When the negotiations result in a price in
excess of the Government estimate, as revised, the contracting officer
shall terminate the negotiations and request a proposal from the
architect-engineer next in order of preference.
(1) In no event shall a contract for architect-engineer services for
the preparation of designs, plans, drawings and specifications exceed
the statutory limitation of six percent (6 percent) of the estimated
construction costs of the project. If the contract also covers any type
of services other than the preparation of designs, plans, drawings and
specifications, the part of the contract price for such other services
shall not be subject to the six percent (6 percent) limitation.
48 CFR 3536.606-70 Modifications.
When a modification involves work not initially included in the
contract, the limitation on the total contract price set forth in
3536.606(a)(1) is applicable, as applied to the revised total estimated
construction costs. When redesign is required and the contract is
modified, the following method shall be used to insure that the six
percent (6 percent) statutory limitation is not exceeded:
(a) The estimated construction cost of the redesigned features will
be added to the original estimated construction cost;
(b) The contract cost for the original design will be added to the
contract cost for redesign; and
(c) The total contract design cost obtained by paragraph (b) of this
subsection will be divided by the total construction cost obtained by
paragraph (a) of this subsection. The resulting percentage may not
exceed the six percent (6 percent) statutory limitation.
48 CFR 3536.670 Government rights to plans, specifications, and
drawings.
All solicitations and contracts for architect-engineer services or
for construction involving architect-engineer services, except those
involving ''standard types of construction'', shall contain the clause
at 3552.227-70, Government Rights, as prescribed at 3527.304-3(b).
48 CFR 3536.670 PART 3537 -- SERVICE CONTRACTING
Sec.
3537.000 Scope of part.
48 CFR 3536.670 Subpart 3537.1 -- Service Contracts -- General
3537.102 Policy.
3537.104 Personal services contracts.
3537.104-70 Procedures.
48 CFR 3536.670 Subpart 3537.2 -- Advisory and Assistance Services
3537.200 Scope of subpart.
3537.202 Policy.
3537.204 Exclusions.
3537.206 Requesting activity responsibilities.
3537.206-70 Procedures.
3537.270 Duration.
Authority: 40 U.S.C. 486(c).
Source: 55 FR 7662, Mar. 2, 1990, unless otherwise noted.
48 CFR 3537.000 Scope of part.
This part implements FAR part 37 and provides additional Commission
policies and procedures for the acquisition of personal and nonpersonal
services, including advisory and assistance services.
48 CFR 3537.000 Subpart 3537.1 -- Service Contracts -- General
48 CFR 3537.102 Policy.
(a) The Commission's policy regarding the contracting out of
commercial services is set forth at 3507.301.
48 CFR 3537.104 Personal services contracts.
(b) Authority for the acquisition by contract of the personal
services of experts and consultants is found at 5 U.S.C. 3109 which
provides that, when authorized by an appropriation or other statute, the
head of an agency may acquire by contract the temporary (not to exceed
one year) or intermittent services of experts or consultants. For the
purpose of this section, the terms ''experts'' and ''consultants'' are
not interchangeable. Consequently, their meanings are distinguishable
from the meaning of the collective term ''Individual experts and
consultants'' at FAR 37.203(a). As used herein, an ''expert'' is an
individual who is a recognized professional or highly skilled
practitioner normally used to perform or supervise an operating
function, rather than to provide advisory or consulting services. A
''consultant'', as used herein, is an individual possessing special,
current knowledge or skill who primarily serves in an advisory capacity
in a particular field, rather than in the performance or supervision of
an operating function. Acquiring the personal services of individual
experts or consultants shall be subject to the limitations applicable to
advisory and assistance services at FAR 37.202(c). In addition, the
services of individual experts and consultants shall be acquired through
personal services contracts only --
(1) When the services required cannot be obtained by appointment in
accordance with standard Commission personnel procedures, and
(2) If the nature of the duties to be performed is temporary (not
more than one year) or intermittent (not cumulatively more than 130 days
in one year). Accordingly, no such contract shall be entered into for
longer than one year at a time.
48 CFR 3537.104-70 Procedures.
Requests for the acquisition of personal services should include:
(a) A description of the services to be performed;
(b) Name and address of the person or firm;
(c) Background material to show the unique qualifications of such
person or firm to accomplish the requirement;
(d) Place where the duties are to be performed and the period of
service;
(e) The estimated cost; and
(f) Determinations that:
(1) It is not feasible to obtain personnel with the necessary skills
through standard Commission personnel appointment procedures;
(2) A nonpersonal services contract is not practicable; and
(3) Existing staffing is inadequate to furnish the services.
48 CFR 3537.104-70 Subpart 3537.2 -- Advisory and Assistance Services
48 CFR 3537.200 Scope of subpart.
This subpart provides additional policy and management controls for
the acquisition of personal and nonpersonal advisory and assistance
services.
48 CFR 3537.202 Policy.
(d) The acquisition of advisory and assistance services shall conform
to the Competition in Contracting Act of 1984. Preference shall,
however, be given to sources located in the Republic of Panama when the
services are available as required and are comparable in quality and
price to those which may be obtained from other sources (see part 3570).
However, see subpart 3503.6 concerning contracts with current or former
Commission employees.
48 CFR 3537.204 Exclusions.
In addition to the exclusions or exemptions identified at FAR 37.204,
the services of arbitrators for the resolution of labor disputes are
exempted from the definition of advisory and assistance services. As
authorized by section 7121 of the Federal Service Labor-Management
Relations Act, 5 U.S.C. 7121, the procedure for the contracting of
arbitrators shall be governed by the negotiated grievance procedure set
forth in the individual collective bargaining agreements between the
Commission and the various certified representatives (i.e., unions).
48 CFR 3537.206 Requesting activity responsibilities.
(c) Requests for the acquisition of advisory and assistance services
shall include the documentation required at FAR 37.206 (a), (b), and
(d), and shall be prepared by the initiating bureau director or head of
independent unit and forwarded to the Administrator for approval,
through, in turn, the Personnel Director; General Counsel; Chief
Financial Officer; and the General Services Director for their review
and concurrence. Before the proposal is routed to the Administrator,
the General Services Director will add the cognizant contracting
officer's determination as to whether or not the requested acquisition
constitutes advisory and assistance services as described in FAR subpart
37.2. As mandated by FAR 37.207, the contracting officer's determination
shall be final.
(55 FR 7662, Mar. 2, 1990; 55 FR 38331, Sept. 18, 1990)
48 CFR 3537.206-70 Procedures.
(a) When a request has been approved pursuant to 3537.206(c), the
initiating bureau director or head of independent unit shall --
(1) Forward all papers to the cognizant contracting officer for
processing the contract action. If not already included in the request
for approval, the forwarding official shall provide the contracting
officer with a work statement that is specific and complete, including:
a detailed description of services to be performed; the place where the
services are to be performed; the period of performance; the names and
addresses of potential contractors (if applicable); and any other
information the contracting officer considers to be pertinent.
(2) Coordinate with the Director, Office of Executive Administration
or the contracting officer, as applicable, to obtain certification as a
Panama Canal Commission designated contractor, entry/exit permits,
identification cards, and any other required legal documents.
(3) Prepare replies to all inquiries from the General Accounting
Office, the Office of Management and Budget, and the Congress, in
coordination with the Personnel Director, Chief Financial Officer,
General Counsel and the contracting officer, as may be necessary.
(b) At the conclusion of the contract, the initiating bureau director
or head of independent unit shall furnish to the contracting officer the
written evaluation required at FAR 37.205.
48 CFR 3537.270 Duration.
No contract for advisory and assistance services shall be entered
into for longer than one year at a time. In unusual circumstances, and
when approved by the Administrator, options for additional one-year
extensions may be used when the need for continuity of services carries
beyond a one-year period. In no case shall the total period under a
specific contract exceed the basic year plus four additional optional
years.
48 CFR 3537.270 SUBCHAPTER G -- CONTRACT MANAGEMENT
48 CFR 3537.270 PART 3542 -- CONTRACT ADMINISTRATION
Authority: 40 U.S.C. 486(c).
Source: 55 FR 7663, Mar. 2, 1990, unless otherwise noted.
48 CFR 3537.270 Subpart 3542.12 -- Novation and Change-of-Name Agreements
48 CFR 3542.1200-70 Policy.
When ''CORPORATE SEALS,'' as required in the instructions for
preparation and execution of novation agreements in FAR 42.1204 and in
agreements to recognize contractor's change of name in FAR 42.1205, are
not used due to the dictates of custom, practice, or law within the
Republic of Panama or other foreign countries, the contracting officer
may execute such agreements, provided the contracting officer, with the
concurrence of legal counsel, is satisfied that the persons signing such
agreements are authorized to bind their companies.
48 CFR 3542.1200-70 PART 3543 -- CONTRACT MODIFICATIONS
Authority: 40 U.S.C. 486(c).
Source: 55 FR 7664, Mar. 2, 1990, unless otherwise noted.
48 CFR 3542.1200-70 Subpart 3543.2 -- Change Orders
48 CFR 3543.205 Contract clauses.
The contracting officer shall insert the clause at 3552.243-70,
Modification Proposals -- Price Breakdown, in all solicitations and
contracts for construction.
48 CFR 3543.205 PART 3547 -- TRANSPORTATION
48 CFR 3543.205 Subpart 3547.3 -- Transportation in Supply Contracts
Sec.
3547.306 Transportation factors in the evaluation of offers.
3547.370 Solicitation provision.
Authority: 40 U.S.C. 486(c); Article IX of the Agreement in
Implementation of Article III of the Panama Canal Treaty of 1977.
Source: 55 FR 7664, Mar. 2, 1990, unless otherwise noted.
48 CFR 3543.205 Subpart 3547.3 -- Transportation in Supply Contracts
48 CFR 3547.306 Transportation factors in the evaluation of offers.
For purposes of evaluating comparability of costs of supplies
obtainable in the Republic of Panama with those obtainable from other
sources, pursuant to the Panamanian preference provisions of the Panama
Canal Treaty's Implementing Agreement (see part 3570), consideration
shall be given to transportation costs to the Republic of Panama,
including freight, insurance and handling of supplies.
48 CFR 3547.370 Solicitation provision.
The contracting officer shall insert the provision at 3552.247-70,
Evaluation of Delivery Terms in Contract Awards, in solicitations that
include alternate terms of delivery, i.e., f.o.b. destination (New
Orleans) and c.i.f. destination (Panama).
48 CFR 3547.370 PART 3551 -- USE OF GOVERNMENT SOURCES BY CONTRACTORS
48 CFR 3547.370 Subpart 3551.1 -- Contractor Use of Government Supply
Sources
Sec.
3551.102 Authorization to use Government supply sources.
3551.103 Ordering from Government supply sources.
Authority: 40 U.S.C. 486(c).
Source: 55 FR 7664, Mar. 2, 1990, unless otherwise noted.
48 CFR 3547.370 Subpart 3551.1 -- Contractor Use of Government Supply Sources
48 CFR 3551.102 Authorization to use Government supply sources.
(a) When a contractor is performing one of the types of contracts
specified in FAR 51.101, the contracting officer shall consider whether
to allow the contractor to use Government supply sources. In addition
to the factors listed for consideration at FAR 51.102(a), the
contracting officer shall consider whether --
(1) Materials necessary to the performance of the contract are not
available locally except at Government sources; and
(2) Materials, though available to the contractor, require such a
long lead time for delivery that contractor performance is threatened if
Government sources are not used.
(e)(4) In those instances where contractor-furnished equipment and
materials required by a contract have been authorized by the contracting
officer to be obtained through Government sources as
Government-furnished equipment and materials, for reasons established by
FAR part 51, the contracting officer shall negotiate a change to the
contract reducing the price by the commercial cost plus transportation
costs.
48 CFR 3551.103 Ordering from Government supply sources.
(b) ''Contracting agency'' as used in FAR 51.103(b) shall mean the
cognizant Commission contracting officer.
48 CFR 3551.103 SUBCHAPTER H -- CLAUSES AND FORMS
48 CFR 3551.103 PART 3552 -- SOLICITATION PROVISIONS AND CONTRACT CLAUSES
48 CFR 3551.103 Subpart 3552.2 -- Texts of Provisions and Clauses
Sec.
3552.209-70 Organizational Conflict of Interest
Certification/Disclosure.
3552.209-71 Organizational Conflict of Interest.
3552.210-70 Brand Name Products or Equal.
3552.214-70 Price -- Sealed Bidding.
3552.214-71 Additional Data To Be Submitted.
3552.214-72 Rejection of Bids.
3552.214-73 Caution -- Sealed Bidding.
3552.214-74 All or None Award -- Sealed Bidding.
3552.214-75 All or None Award -- Sealed Bidding -- Construction.
3552.215-70 Price.
3552.215-71 Caution.
3552.215-72 All or None Award.
3552.225-70 Language.
3552.225-71 Notice of Applicability of United States Federal Law.
3552.225-72 Designated Contractors.
3552.225-73 Responsibility for Observance of Laws, Orders, and
Regulations.
3552.227-70 Government Rights.
3552.228-70 Bid Guarantee Amount.
3552.228-71 Bonds and Insurance.
3552.228-72 Bonds.
3552.228-73 Non-U.S. Workers' Compensation Insurance.
3552.228-74 Special Panama Insurance.
3552.228-75 Proposal Guarantee.
3552.228-76 Performance Bond.
3552.228-77 Performance and Payment Bonds.
3552.231-70 Travel Costs.
3552.232-70 Contract Payments.
3552.232-71 Availability of Funds.
3552.232-72 Presentation of Statement of Release From Claims.
3552.232-73 Invoices.
3552.236-70 Mailing of Correspondence and Bids.
3552.236-71 Additive Items.
3552.236-72 Cost Limitation.
3552.236-73 Scope of Work.
3552.236-74 Work Sites, Yards, Shops, and Offices.
3552.236-75 Work Time Limitations.
3552.236-76 Accident Prevention.
3552.236-77 Working in Confined Spaces.
3552.236-78 Safety Sign.
3552.236-79 Protection of Material and Work.
3552.236-80 Toilet Facilities.
3552.236-81 Drinking Water.
3552.236-82 Contract Bid Breakdown.
3552.236-83 Descriptive Data and Correspondence.
3552.236-84 Instruction Books.
3552.236-85 Record Drawings.
3552.236-86 Restricted Areas.
3552.236-87 Surplus Space.
3552.243-70 Modification Proposals -- Price Breakdown.
3552.244-70 Subcontractors.
3552.247-70 Evaluation of Delivery Terms in Contract Awards.
Authority: 40 U.S.C. 486(c); Articles IX and XI of the Agreement in
Implementation of Article III of the Panama Canal Treaty of 1977.
Source: 55 FR 7664, Mar. 2, 1990, unless otherwise noted.
48 CFR 3551.103 Subpart 3552.2 -- Texts of Provisions and Clauses
48 CFR 3552.209-70 Organizational Conflict of Interest
Certification/Disclosure.
As prescribed in 3509.508-1, insert the following provision:
(a) An ''organizational conflict of interest'' exists when the nature
of the work to be performed under a proposed Government contract may,
without some restriction on future activities, (1) result in an unfair
competitive advantage to the contractor, or (2) impair the contractor's
objectivity in performing the contract work.
(b) The offeror certifies, to the best of its knowledge and belief,
that it ( ) is, ( ) is not (check applicable block) aware of any
information bearing on the existence of any potential organizational
conflict of interest. If the offeror is aware of information bearing on
whether a potential conflict may exist, the offeror shall provide a
disclosure statement with its offer which describes all relevant
information concerning any past, present, or planned interests bearing
on whether it (including its chief executives and directors, or any
proposed consultant or subcontractor) may have a potential
organizational conflict of interest.
(c) The offeror should refer to FAR subpart 9.5 and PAR subpart
3509.5 for policies and procedures for avoiding, neutralizing, or
mitigating organizational conflicts of interest.
(d) If the Contracting Officer determines that a potential conflict
exists, the offeror shall not receive an award unless the conflict can
be avoided or otherwise resolved through the inclusion of a special
contract clause or other appropriate means. The terms of any special
clause are subject to negotiation.
48 CFR 3552.209-71 Organizational Conflict of Interest.
As prescribed in 3509.508-2, insert the following clause:
(a) The Contractor warrants that, to the best of the Contractor's
knowledge and belief: (1) There are no relevant facts or circumstances
which could give rise to an organizational conflict of interest, as
defined in provision 3552.209-70, Organizational Conflict of Interest
Certification/Disclosure, of the solicitation; or (2) That the
Contractor has disclosed all such relevant information.
(b) The Contractor agrees that if an actual or potential
organizational conflict of interest is discovered after award, the
Contractor will make a full disclosure in writing to the Contracting
Officer. This disclosure shall include a description of actions which
the Contractor has taken or proposes to take, after consultation with
the Contracting Officer, to avoid, mitigate, or neutralize the actual or
potential conflict.
(c) Remedies -- The Panama Canal Commission may terminate this
contract for convenience, in whole or in part, if it deems such
termination necessary to avoid an organizational conflict of interest.
If the Contractor was aware of a potential organizational conflict of
interest prior to award or discovered an actual or potential conflict
after award and did not disclose or misrepresented relevant information
to the Contracting Officer, the Government may terminate the contract
for default, debar the Contractor from Government contracting, or pursue
such other remedies as may be permitted by law or this contract.
(d) The contractor further agrees to insert in any subcontract or
consultant agreement hereunder, terms which shall conform substantially
to the language of this clause, including this paragraph (d).
48 CFR 3552.210-70 Brand Name Products or Equal.
As prescribed in 3510.011(h), insert the following provision:
(As used in this provision, the term ''brand name'' includes
identification of products by make and model.)
(a) If items called for by this (invitation for bids/request for
proposals) have been identified in the schedule by a ''brand name or
equal'' description, such identification is characteristic of products
that will be satisfactory. (Bids/Proposals) offering ''equal'' products
(including products of the brand name manufacturer other than the one
described by brand name) will be considered for award if such products
are clearly identified in the (bids/proposals) and are determined by the
Government to meet fully the salient characteristics, requirements
listed in the invitation.
(b) Unless the (bidder/offeror) clearly indicates in its
(bid/proposal) that it is offering an ''equal'' product, its
(bid/proposal) shall be considered as offering a brand name product
referenced in the (invitation for bids/request for proposals).
(c)(1) If the (bidder/offeror) proposes to furnish an ''equal''
product, the brand name, if any, of the product to be furnished shall be
inserted in the space identified in the (bid/proposal). The evaluation
of (bids/proposals) and the determination as to equality of the product
offered shall be the responsibility of the Government and will be based
on information furnished by the (bidder/offeror) or identified in its
(bid/proposal) as well as other information reasonably available to the
purchasing activity. Caution to (bidders/offerors): the purchasing
activity is not responsible for locating or securing any information
which is not identified in the (bid/proposal) and reasonably available
to the purchasing activity. Accordingly, to ensure that sufficient
information is available, the (bidder/offeror) shall furnish as part of
its (bid/proposal) all descriptive material (such as cuts,
illustrations, drawings, or other information) necessary for the
purchasing activity to (i) determine whether the product offered meets
the salient characteristics requirement of the (invitation for
bids/request for proposals), and (ii) establish exactly what the
(bidder/offeror) proposes to furnish and what the Government would be
binding itself to purchase by making an award. The information
furnished may include specific references to information previously
furnished or to information otherwise available to the purchasing
activity.
(2) If the (bidder/offeror) proposes to modify a product so as to
make it conform to the requirements of the (invitation for bids/request
for proposals). It shall (i) include in its (bid/proposal) a clear
description of such proposed modifications, and (ii) clearly mark any
descriptive material to show the proposed modifications.
(3) Modifications proposed after (bid/proposal) opening to make a
product conform to a brand name product referenced in the (invitation
for bids/request for proposals) will not be considered.
48 CFR 3552.214-70 Price -- Sealed Bidding.
As prescribed in 3514.201-6(a)(1), insert the following provision:
Only bids stating a firm, fixed-price expressed in U.S. dollars shall
be considered for award. Bids that qualify the bid price in terms of
the rate of exchange between U.S. dollars and a foreign currency will be
rejected as nonresponsive.
48 CFR 3552.214-71 Additional Data To Be Submitted.
As prescribed in 3514.201-6(b)(1), insert the following provision:
Prior to award of the contract, the Contracting Officer may require
the apparent low bidder to furnish the following information:
(a) Evidence establishing that the bidder maintains a permanent place
of business and has satisfactory and acceptable financial resources to
meet obligations incident to the work.
(b) A brief description of work experience by the bidder and the
location of major projects.
(c) A list of key personnel which the bidder has available for
prosecution of the work to be performed, and a brief summary of such
personnel's experience in work similar to that required by this
contract.
(d) A complete list and description of all equipment, shops, yards,
and storage facilities that the bidder now has or will have available
for commencement and prosecution of the work.
(e) Evidence establishing that the bidder positively meets
responsibility requirements, such as experience, which are included in
the solicitation.
48 CFR 3552.214-72 Rejection of Bids.
As prescribed in 3514.201-6(b)(2), insert the following provision:
Any bid will be rejected that is conditioned upon or proposes that
the Panama Canal Commission agree to the use of a price adjustment
clause calling for an upward revision of the bid price or to the use of
a cost-plus-fixed-fee or comparable pricing arrangement. The right is
reserved, as the interest of the Panama Canal Commission may require, to
reject any and all bids and to waive any informality in the bids. A bid
may be rejected if the bidder fails to furnish a guaranty and submit the
data required with the bid; or if the bidder cannot show to the
satisfaction of the Contracting Officer that it has the experience and
owns or controls by firm option, or can procure the necessary plant to
commence work within the time prescribed in the specifications and,
thereafter, to prosecute and complete the work at the rate or time
specified; or if the bidder cannot show that he is not already
obligated to perform other work contemplated in this Solicitation. Any
unbalanced bid which, in the opinion of the Contracting Officer,
jeopardizes the interests of the Panama Canal Commission will be subject
to rejection for that reason.
48 CFR 3552.214-73 Caution -- Sealed Bidding.
As prescribed in 3514.201-6(a)(2), insert the following provision:
Bidders are cautioned that any condition, qualification, provision,
or comment in their bid, or in a letter transmitting their bid, which in
any way modifies, takes exception to, or is inconsistent with the
specifications, requirements, or any of the terms, conditions, or
provisions of this solicitation, may require the rejection of their bid
as nonresponsive.
48 CFR 3552.214-74 All or None Award -- Sealed Bidding.
As prescribed in 3514.201-6(c), insert the following provision:
Notwithstanding paragraph (c) of provision 52.214-10, Contract Award
-- Sealed Bidding, award will be made on an ''all or none'' basis to one
bidder for all items, in the quantities and at the unit prices specified
for each item. Consequently, for the purpose of determining the most
advantageous bid in accordance with paragraph (a) of provision
52.214-10, the word ''price'' as used therein shall be construed to mean
the bidder's aggregate price for all items. Any bid which fails to
quote on all items, in the quantities specified for each item, shall be
rejected as nonresponsive.
48 CFR 3552.214-75 All or None Award -- Sealed Bidding -- Construction.
As prescribed in 3514.201-6(d)(1), insert the following provision:
Regarding paragraph (c) of provision 52.214-19, Contract Award --
Sealed Bidding -- Construction, award will be made on an ''all or none''
basis to one bidder for all items. Consequently, for the purpose of
determining the most advantageous bid in accordance with paragraph (a)
of provision 52.214-19, the word ''price'' as used therein shall be
construed to mean the bidder's aggregate price for all items. As
indicated in paragraph (c) of provision 52.214-18, Preparation of Bids
-- Construction, failure to bid on all items will disqualify the bid.
If the construction work is not estimated to exceed $10,000,
substitute the following text in place of the basic text:
A contract award will be made on an ''all or none'' basis to one
bidder for all items at the prices specified for each item. The award
will be made, without discussions, to the overall low, responsible
bidder whose bid, conforming to the solicitation, will be the most
advantageous to the Government considering only the bidder's aggregate
price for all items and the price-related factors, if any, specified
elsewhere in the solicitation. Consequently, bidders are required to
bid on all items. Failure to do so will disqualify the bid.
If the contracting officer determines that (a) the contract work,
regardless of its estimated value, will be awarded to one bidder for all
the work, and (b) bidding on all items will not be required, substitute
the following text in place of the basic text:
A contract award will be made on an ''all or none'' basis to one
bidder for all the contract work. The award will be made, without
discussions, to the overall low, responsible bidder whose bid,
conforming to the solicitation, will be the most advantageous to the
Government considering only the bidder's aggregate price for all items
and the price-related factors, if any, specified elsewhere in the
solicitation.
48 CFR 3552.215-70 Price.
As prescribed in 3515.407(a)(1), insert the following provision:
Only offers stating a firm-fixed-price expressed in U.S. dollars
shall be considered for award. Offers that qualify the offer price in
terms of the rate of exchange between U.S. dollars and a foreign
currency will be rejected as nonresponsive.
48 CFR 3552.215-71 Caution.
As prescribed in 3515.407(a)(2), insert the following provision:
Offerors are cautioned that any condition, qualification, provision,
or comment in their offer, or in a letter transmitting their offer,
which in any way modifies, takes exception to, or is inconsistent with
the specifications, requirements, or any of the terms, conditions, or
provisions of this solicitation, may require the rejection of their
offer as nonresponsive.
48 CFR 3552.215-72 All or None Award.
As prescribed in 3515.407(b), insert the following provision:
Notwithstanding paragraph (d) of provision 52.215-16, Contract Award,
a contract award will be made on an ''all or none'' basis to one offeror
for all items, in the quantities and at the unit prices specified for
each item. Consequently, for the purpose of determining the most
advantageous offer in accordance with paragraph (a) of provision
52.215-16, the words ''cost or price'' as used therein shall be
construed to mean the offeror's aggregate cost or price for all items.
Therefore, offerors are cautioned to quote on all items, in the
quantities specified for each item. Failure to do so will, in effect,
eliminate the offeror from consideration for contract award in the event
a contract is to be awarded on the basis of initial offers received
without discussions, pursuant to paragraph (c) of provision 52.215-16.
48 CFR 3552.225-70 Language.
As prescribed in 3525.801-76(a), Language, insert the following
clause:
All offers, correspondence and documents required by this
solicitation or contract must be submitted in the English language. In
the event of inconsistency between any terms of this solicitation or
contract and any translation thereof into another language, the English
language meaning shall control.
48 CFR 3552.225-71 Notice of Applicability of United States Federal Law.
As prescribed in 3525.801-76(b), insert the following clause:
All matters relating to the validity, construction, interpretation,
performance and enforcement of the contract shall be determined in
accordance with applicable federal law of the United States of America.
48 CFR 3552.225-72 Designated Contractors.
As prescribed in 3525.801-76(c), insert the following clause:
Article XI, ''Contractors and Contractors' Personnel,'' of the
Agreement in Implementation of Article III of the Panama Canal Treaty of
1977, prescribes, among other things, that --
(a) Whenever contracts are awarded by the Commission to natural
persons who are nationals or permanent residents of the United States or
to corporations or other legal entities organized under the laws of the
United States and under the effective control of such persons, such
contractors shall be so designated by the United States and such
designations shall be communicated to the authorities of the Republic of
Panama.
(b) Designated contractors shall be subject to the laws and
regulations of the Republic of Panama except with respect to the special
provisions established by the above named international agreement, which
enumerate such obligations and benefits as, among others:
(1) Designated contractors must, while in Panama, engage exclusively
in the work for which they have been contracted by U.S. Government
agencies; and,
(2) Designated contractors shall be accorded the same rights
established for U.S. citizens employed by the U.S. Government in Panama
pertaining to Panamanian immigration requirements, relief from the
payment of certain Panamanian taxes and duties, and the use of certain
facilities located on U.S. military installations in Panama.
(c) The provisions of Article XI shall be similarly applied to the
subcontractors and to the employees of the contractors and
subcontractors and their dependents who are nationals or residents of
the United States. These employees and dependents shall not be subject
to the Panamanian Social Security System.
(d) Upon withdrawal of the designation of a contractor, the
Commission shall notify the authorities of the Republic of Panama.
48 CFR 3552.225-73 Responsibility for Observance of Laws, Orders, and
Regulations.
As prescribed in 3525.801-76(d), insert the following clause:
The Contractor shall be responsible for complying with all applicable
laws, regulations, standards and requirements, including traffic and
vehicular laws and regulations, prescribed by the Republic of Panama for
contractors performing work for the Panama Canal Commission (hereinafter
referred to as the Commission). The Contractor shall similarly be
responsible for complying with all laws, Executive Orders, and United
States Government rules and regulations which the Commission, as an
agency of the United States Government performing work in the Republic
of Panama, is required to follow. The areas of legal competence have
been agreed to between both countries pursuant to and in accordance with
the Panama Canal Treaty of 1977, including such executive agreements and
implementing legislation as may be in effect. Failure of the Contractor
to familiarize himself with all laws, orders, rules, regulations or
standards promulgated by either country, which are or may become
applicable to the work under this contract, shall not constitute a basis
for adjustments under the contract.
48 CFR 3552.227-70 Government Rights.
As prescribed in 3527.304-3(b), insert the following clause:
The Contractor may retain the entire right, title, and interest,
throughout the world, to all drawings, designs, specifications, notes,
and other works developed in the performance of this contract, provided
that the Government shall have a nonexclusive, nontransferable,
irrevocable, paid-up license to have and to use same on any other
Government design or construction, and provided that the Contractor
shall execute or have executed, upon request, and shall promptly deliver
to the Federal agency, all instruments necessary to establish or to
confirm said license.
48 CFR 3552.228-70 Bid Guarantee Amount.
As prescribed in 3528.101-3(a), insert the following clause:
(a) The amount of the bid guarantee required by clause 52.228-1, Bid
Guarantee, shall be 20 percent of the total amount of the bid, excluding
options and additives if any, or $3,000,000, whichever is less.
(b) If the bidder elects to furnish the guarantee in the form of a
bid bond, the bond shall be submitted on Standard Form 24. Corporations
executing the bond as sureties must be among those appearing on the
current U.S. Treasury Department Circular 570, entitled ''Companies
Holding Certificates of Authority as Acceptable Sureties on Federal
Bonds and as Acceptable Reinsuring Companies'', and must be acting
within the limitations set forth therein. If the contract work is to be
performed in Panama, corporations that appear on the Panama Canal
Commission's list of locally acceptable sureties, and that act within
the limitations set forth therein, may be used in lieu of those
appearing on Circular 570.
48 CFR 3552.228-71 Bonds and Insurance.
As prescribed in 3528.102-3, insert the following clause:
The bidder who is awarded the contract shall be required to furnish
performance and payment bonds, certificates of Workman's Compensation,
if required, and public liability and automobile insurance as stipulated
in the General Conditions. The payment by the Commission of the bond
premiums to the Contractor shall not be made as increments of the
individual progress payments and shall not be in addition to the
contract price.
48 CFR 3552.228-72 Bonds.
As prescribed in 3528.102-3, insert the following clause:
(a) Corporations executing the bond as sureties must be among those
appearing either on the Panama Canal Commission's list of locally
acceptable sureties or on the U.S. Treasury Department's Circular 570,
and must be acting within the limitations set forth therein.
(b) Payment Bond: If the contract exceeds $2,000, the Contractor
shall furnish a payment bond with good and sufficient surety or sureties
acceptable to the Commission for the protection of persons furnishing
material or labor in connection with the performance of the work under
this contract on Standard Form 25-A. The penal sum of such payment bond
shall be as follows: (1) When the contract price is $1,000,000 or less,
50 percent of the contract price; (2) when the contract price is in
excess of $1,000,000, but no more than $5,000,000, 40 percent of the
contract price; (3) or $2,500,000 when the contract price is more than
$5,000,000.
(c) Performance Bond: If the contract exceeds $2,000, the Contractor
shall furnish a performance bond with good and sufficient surety or
sureties acceptable to the Commission in connection with the performance
of the work under this agreement on Standard Form 25. The penal sum of
such performance bond shall be 100 percent of the contract price.
(d) The bonds herein shall not be dated prior to the date of the
contract and shall be furnished by the Contractor to the Commission not
later than 10 calendar days after award.
48 CFR 3552.228-73 Non-U.S. Workers' Compensation Insurance.
As prescribed in 3528.309(a), insert the following clause:
(a) Pursuant to a waiver granted by the Secretary of Labor, the
provisions of the Defense Base Act (see clause 52.228-3) are not
applicable to any public-work contract awarded by the Panama Canal
Commission in the Panama Canal area with respect to non-U.S. citizen
employees of Commission contractors. The waiver does not apply,
however, to such employees who are:
(1) Hired in the United States by any contractor; or
(2) Residents of the United States.
(b) The waiver was granted with the proviso that non-U.S. citizen
employees exempted from the provisions of the Defense Base Act by virtue
of the waiver will be provided workers' compensation benefits prescribed
in the Panamanian Social Security System. Accordingly, the Contractor
shall provide workmen's insurance coverage (Seguros de Riesgos
Profesionales) as provided by the Panamanian Social Security System in
accordance with Cabinet Decree No. 68 of March 31, 1970, for all
non-U.S. citizen employees that are not covered by clause 52.228-3 of
this contract. The Seguro de Riesgos Profesionales coverage shall be
provided before the Contractor commences performance and shall be
maintained until performance is completed.
48 CFR 3552.228-74 Special Panama Insurance.
As prescribed in 3528.370, insert the following clause:
(a) ''Designated contractors'' shall, upon initiation of work or
construction activities, obtain appropriate insurance to cover civil
liabilities in the Republic of Panama that may arise as a result of acts
or omissions done in the performance of official duty by their
employees. The insurance coverage shall include coverage for the
tortious conduct of their employees. Such insurance may be obtained
from insurance companies licensed to engage in such business within the
Republic of Panama.
(b) The Contractor shall include this clause in all subcontracts.
48 CFR 3552.228-75 Proposal Guarantee.
As prescribed in 3528.101-3 (a) and (b), insert the following clause:
(a) Failure to furnish a guarantee in the proper form and amount, by
the time set for the receipt of offers, may be cause for rejection of
the proposal.
(b) The offeror shall furnish a guarantee in the form of a firm
commitment, such as a bid bond, postal money order, certified check,
cashier's check, irrevocable letter of credit, or, under Treasury
Department regulations, certain bonds or notes of the United States.
The amount of this guarantee shall be 20 percent of the total amount of
the proposal price, excluding options and additives if any, or
$3,000,000, whichever is less. The Contracting Officer will return
guarantees, other than bid bonds, (1) to unsuccessful offerors as soon
as practicable after the completion of the evaluation process, and (2)
to the successful offeror upon execution of contractual documents and
bonds (including any necessary coinsurance or reinsurance agreements),
as required by the proposal as accepted.
(c) If the successful offeror, upon acceptance of its bid by the
Government within the period specified for acceptance, fails to execute
all contractual documents or give a bond(s) as required by the
solicitation within the time specified, the Contracting Officer may
terminate the contract for default.
(d) Unless otherwise specified in the proposal, the offeror will (1)
allow 60 days for acceptance of its proposal, and (2) give bond within
10 days after receipt of the forms by the offeror.
(e) In the event the contract is terminated for default, the
Contractor is liable for any cost of acquiring the work that exceeds the
amount of its proposal, and the proposal guarantee is available to
offset the difference.
(f) Regarding paragraph (b) of this clause, if a bid bond is
furnished, it must be submitted on Standard Form 24. Corporations
executing the bond as sureties must be among those appearing on the U.S.
Treasury Department's Circular 570, entitled ''Companies Holding
Certificates of Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsuring Companies'', and must be acting within the
limitations set forth therein. If the contract work is to be performed
in Panama, corporations that appear on the Panama Canal Commission's
list of locally acceptable sureties, and that act within the limitations
set forth therein, may be used in lieu of those appearing on Circular
570.
48 CFR 3552.228-76 Performance Bond.
As prescribed in 3528.103-70(a), insert the following clause:
(a) The Contractor shall furnish a performance bond with good and
sufficient surety or sureties in connection with the work under this
contract on Standard Form 25, which requires that the surety or sureties
must be among those appearing on the current U.S. Treasury Department
Circular 570 (published in the Federal Register), and any amendments
thereto, and must be acting within the limitations set forth therein.
If the contract work is to be performed in Panama, corporations that
appear on the Panama Canal Commission's list of locally acceptable
sureties, and that act within the limitations set forth therein, may be
used in lieu of those appearing on Circular 570. The bond is to be
completed in accordance with the instructions on the reverse side of
Standard Form 25.
(b) The penal sum of such performance bond shall be 100 percent of
the contract price. The bond must not be dated prior to the date of the
contract and shall be furnished by the Contractor to the Contracting
Officer not later than 30 calendar days after the date of receipt by the
Contractor of notice of award of the contract. As used in Standard Form
25, the term ''Government'' shall mean the ''Panama Canal Commission''.
(c) Under the terms of Standard Form 25 and this contract, the penal
obligation specified in paragraph (b) of this clause shall be in effect
during the life of the contract and during all warranty periods
stipulated in the contract.
48 CFR 3552.228-77 Performance and Payment Bonds.
As prescribed in 3528.103-70 (a) and (b), insert the following
clause:
(a) General. (1) The bonds required by paragraphs (b) and (c) of
this clause are to be completed in accordance with the instructions on
the reverse side of the respective bond forms. Corporations executing
the bonds as sureties must be among those appearing on the current U.S.
Treasury Department Circular 570 (published in the Federal Register),
and any amendments thereto, and must be acting within the limitations
set forth therein. If the contract work is to be performed in Panama,
corporations that appear on the Panama Canal Commission's list of
locally acceptable sureties, and that act within the limitations set
forth therein, may be used in lieu of those appearing on Circular 570.
(2) The bonds must not be dated prior to the date of the contract and
shall be furnished by the Contractor to the Contracting Officer not
later than 30 calendar days after the date of receipt by the Contractor
of notice of award of the contract.
(b) Performance Bond. The Contractor shall furnish a performance
bond on Standard Form 25 in connection with the performance of the work
under this contract. The penal sum of such bond shall be 100 percent of
the contract price.
(c) Payment Bond. The Contractor shall furnish a payment bond on
Standard Form 1416 for the protection of persons furnishing material
and/or labor in the prosecution of the contract. The penal sum of such
bond shall be as follows: (1) 50 percent of the contract price if such
price is not more than $1,000,000; (2) 40 percent of the contract price
if such price is more than $1,000,000 but not more than $5,000,000; or
(3) $2,500,000 if the contract price is more than $5,000,000.
48 CFR 3552.231-70 Travel Costs.
As prescribed in 3531.205-46(b), insert the following clause:
Costs incurred by the Contractor for travel and per diem in the
performance of this contract that are authorized elsewhere in this
contract shall be reimbursed to the Contractor in accordance with the
Federal Travel Regulations, prescribed by the General Services
Administration, in effect on the dates of performance of this contract.
48 CFR 3552.232-70 Contract Payments.
As prescribed in 3532.111(a)7, insert the following clause:
(a) Contract payments, unless otherwise specified, will be made in
United States currency, by check drawn on a local branch of a United
States bank.
(b) When the Contracting Officer determines that the value of
materials delivered to the work site may be taken into account in
preparing the progress payment estimate, the Contractor shall:
(1) Compile the initial inventory list which shall be complete as
regards to descriptions, quantities, nomenclatures, and prices, and
shall be fully supported by certified invoices or other documentary
evidence acceptable to the Contracting Officer. The list must be
revised each month to show additions to the inventory, if any (supported
by additional invoices), and deletions of material used during the
month.
(2) Submit monthly, subsequent lists for the material previously
covered by certified invoices showing the exact status of remaining
material based on a physical inventory.
(3) Furnish inventory lists in duplicate at least five days prior to
the date for submission of progress estimate for monthly payment.
(c) In approving payments for material inventories, the Contracting
Officer will authorize payment of 75 percent of the cost of material as
part of the monthly payments, provided, however, that:
(1) Any line item with a total value of less than $100 will be
deleted; and
(2) The total value of the inventory, exclusive of deleted line
items, exceeds $1,000.
48 CFR 3552.232-71 Availability of Funds.
As prescribed in 3532.705-1, insert the following clause:
The authorization of performance of work under this contract during
the initial contract period and any extension period(s) is contingent
upon the availability of funds to procure this service. If the contract
is awarded or extended, the Panama Canal Commission's obligation beyond
the end of the fiscal year (September 30) in which the award or
extension is made is contingent upon the availability of funds from
which payment for the contract services can be made. No legal liability
on the part of the Panama Canal Commission for payment of any money
beyond the end of each fiscal year (September 30) shall arise unless or
until funds are made available to the Contracting Officer for
performance and written notice of such availability is given to the
Contractor.
48 CFR 3552.232-72 Presentation of Statement of Release From Claims.
As prescribed in 3532.806(a), insert the following clause:
As a condition for final payment, the Contractor shall present a
release of all claims against the Government arising by virtue of this
contract. The release shall be applicable to all claims except those
that the Contractor has specifically excepted in stated amounts from the
operation of the release. A release may also be required of the
assignee if the Contractor's claim to amounts payable under this
contract has been assigned under the Assignment of Claims Act of 1940
(31 U.S.C. 203 and 41 U.S.C. 15). The release is due within 14 days of
final acceptance.
48 CFR 3552.232-73 Invoices.
As prescribed in 3532.111(a)(8), insert a clause substantially as
follows:
(a) Invoices shall be submitted in an original and two copies to the
office designated elsewhere in this contract.
(b) To constitute a proper invoice for supply or service (other than
architect-engineer service) contracts, the invoice must include the
items listed in paragraph (a)(4), subdivisions (i) through (viii) of
clause 52.232-25, Prompt Payment. The invoice must be accompanied by a
copy of the packing list, showing weights and measurements (gross and
net) and contents of each package, if applicable. If items are mailed,
the insurance parcel post receipt or copy thereof must accompany the
invoice.
(c) To constitute a proper invoice for construction contracts, the
invoice must include the items listed in paragraph (a)(2), subdivisions
(i) through (ix) of clause 52.232-27, Prompt Payment for Construction
Contracts.
(d) To constitute a proper invoice for architect-engineer services,
the invoice must include the items listed in paragraph (a)(3),
subdivisions (i) through (viii) of clause 52.232-26, Prompt Payment for
Fixed-Price Architect-Engineer Contracts.
(e) If this contract requires a written release from the Contractor
with respect to claims, the release must accompany the invoice.
48 CFR 3552.236-70 Mailing of Correspondence and Bids.
As prescribed in 3536.371(a)(6), insert the following provision:
(a) Prospective bidders may submit inquiries concerning the
specifications by writing the following:
(For local bidders)
Specifications and Estimates Branch
Engineering Division
Engineering and Construction Bureau
Balboa, Republic of Panama
(For other bidders)
Specifications and Estimates Branch
Engineering Division
Engineering and Construction Bureau
APO Miami 34011-5000
(b) Bids to be mailed shall be addressed as follows:
(For local bidders)
Contracting Officer
Engineering and Construction Bureau
Panama Canal Commission
Balboa, Republic of Panama
(For other bidders)
Contracting Officer
Engineering and Construction Bureau
Panama Canal Commission
APO Miami 34011-5000
48 CFR 3552.236-71 Additive Items.
As prescribed in 3536.371(a)(7), insert the following provision:
(a) The low bidder for purposes of award shall be the conforming
responsive bidder offering the lowest total price for the base bid item
plus the largest number of additive bid items that can be awarded in the
numerical order of priority listed in the schedule within the funds
determined by the Contracting Officer to be available on the date of bid
opening.
(b) For example, when the amount of available funds is $100,000, and
a bidder's base bid and bid for successive additives are $85,000,
$10,000, $8,000, $6,000, and $4,000, respectively, the total amount of
this bid for purposes of award would be $95,000 for the base bid plus
the first additive, with the second, third and forth additives being
omitted because the second additive ($8,000) would cause the total bid
to exceed $100,000. If, for more than one bidder, the lowest total
price for the base bid item plus the largest number of additive bid
items that can be awarded are equal, then the low bidder for purposes of
award shall be the one submitting the lowest price for the base bid
item.
(c) After the low bidder has been determined, the Contracting Officer
shall be free to award the contract for the base bid item and any
quantity of the additive bid items, but only in the numerical order of
priority listed in the schedule, and provided that the total price is
within the amount of funds available on the date of award and that the
award does not exceed the price offered by any other conforming
responsive bidder for the same bid items.
(d) The Contracting Officer may reject a bid as nonresponsive if it
is materially unbalanced as to prices for any of the different bid
items. A bid is unbalanced when it is based on prices significantly
less than cost for some work and prices which are significantly
overstated for other work.
If the additives may be awarded with the base bid item in any
combination, substitute the following text in place of the basic text:
(a) The low bidder for purposes of award shall be the conforming
responsive bidder offering the lowest total price for the base bid item
plus, in the numerical order of priority listed in the schedule, the
largest number of additive bid items that can be awarded within the
funds determined by the Contracting Officer to be available on the date
of bid opening.
(b) If, for all bidders, inclusion of the next additive bid item in
the listed order of priority would make the award exceed such available
funds, it shall be omitted and the next subsequent additive bid item or
items shall be included if the prices on one or more bids allow award
thereon within the funds available. For example, when the amount of
available funds is $100,000, and a bidder's base bid and bid for
successive additives are $85,000, $10,000, $8,000, $6,000, and $4,000,
respectively, the total amount of this bid item for purposes of award
would be $99,000 for the base bid plus the first ($10,000) and fourth
($4,000) additives. All bids shall be evaluated and the low bidder
determined on the basis of the same additive bid items, as above
provided. If, for more than one bidder, the lowest total price for the
base bid item plus the largest number of additive bid items that can be
awarded are equal, then the low bidder for purposes of award shall be
the one submitting the lowest price for the base bid item.
(c) After the low bidder has been determined, the Contracting Officer
shall be free to award the contract for the base bid item and any
quantity and combination of the additive bid items regardless of their
numerical order of priority listed in the schedule, provided that the
total price is within the amount of funds available on the date of award
and that the award does not exceed the price offered by any other
conforming responsive bidder for the same bid items.
(d) The Contracting Officer may reject a bid as nonresponsive if it
is materially unbalanced as to prices for any of the different bid
items. A bid is unbalanced when it is based on prices significantly
less than cost for some work and prices which are significantly
overstated for other work.
48 CFR 3552.236-72 Cost Limitation.
As prescribed in 3536.371(a)(9), insert the following provision:
A bid which does not contain separate bid prices for the items
identified as subject to a cost limitation may be considered
nonresponsive. By signing its bid, the bidder certifies that each price
bid on items subject to a cost limitation includes an appropriate
apportionment of all applicable estimated costs, direct and indirect, as
well as overhead and profit. Bids may be rejected which (1) have been
materially unbalanced for the purpose of bringing affected items within
cost limitations, or (2) exceed the cost limitations unless such
limitations have been waived by the Commission's Procurement Executive
prior to award.
48 CFR 3552.236-73 Scope of Work.
As prescribed in 3536.570(k), insert the following clause:
The Contractor shall furnish all plant, materials, equipment,
supplies, labor and transportation, including, fuel, power, water
(except any materials, equipment, utility or service, if any, specified
herein to be furnished by the Commission), as required to accomplish all
work under the contract, in strict accordance with the specifications,
schedules, and drawings, all of which are made a part hereof, and
including such detail drawings as may be furnished by the Contracting
Officer from time to time during the prosecution of the work in
explanation of said drawings.
48 CFR 3552.236-74 Work Sites, Yards, Shops, and Offices.
As prescribed in 3536.570(l), insert the following clause:
(a) The term ''work site'' will embrace all areas wherein operations
are conducted by the Contractor in connection with the contract,
including Commission work areas, plant, shops, yards, offices, camps and
other facilities. The Contractor may be permitted to use areas within
the Canal Operating Area for storage-of-work purposes on a temporary
basis.
(b) Prior to commencement of work, the Contractor shall, upon
request, submit for the approval of the Contracting Officer, prints in
quadruplicate, showing the locations of its major plant, offices,
buildings, shops, storage yards, and other construction appurtenances
which it proposes to construct. The Contractor shall remove any
structure which it may construct in Canal Operating Areas, and restore
the work site to its original condition after completion of the work.
(c) If, at any time during the progress of the work, areas which have
been allocated to the Contractor are not being used by the Contractor or
are not essential to the future execution of the work, as determined by
the Contracting Officer, the Contractor shall, when so directed,
promptly clean up and vacate such areas at no expense to the Commission.
The Contractor shall keep the buildings and grounds in use by the
contractor at the work site in an orderly and sanitary condition,
subject to the approval of the Contracting Officer.
(d) Only equipment and materials required or used in connection with
the work under the contract may be stored in Canal Operating Areas.
Upon completion of the contract, and before final payment is made, the
Contractor shall remove all equipment and materials from such areas.
48 CFR 3552.236-75 Work Time Limitations.
As prescribed in 3536.570(m), insert the following clause:
No work shall be done on Sundays or on days treated as a holiday for
employees of United States Government agencies in the Republic of
Panama, unless authorized or directed by the Contracting Officer.
Requests by the Contractor to work on such days must be made in writing
at least three days in advance.
48 CFR 3552.236-76 Accident Prevention.
As prescribed in 3536.570(n), insert the following clause:
(a) In performing this contract, the Contractor shall provide for
protecting the lives and health of employees and other persons;
preventing damage to property, materials, supplies and equipment; and
avoiding work interruptions. For these purposes, the Contractor shall
--
(1) Provide appropriate safety barricades, signs, and signal lights;
(2) Comply with the standards issued by the Secretary of Labor at 29
CFR part 1926 and 29 CFR part 1910; and
(3) Ensure that any additional measures the Contracting Officer
determines to be reasonably necessary for this purpose are taken.
(b) The Contractor shall maintain an accurate record of exposure data
on all accidents incident to work performed under this contract
resulting in death, traumatic injury, occupational disease, or damage to
property, materials, supplies, or equipment. The Contractor shall
report this data in the manner prescribed by the Contracting Officer.
(c) The Contracting Officer shall notify the Contractor of any
noncompliance with these requirements and of the corrective action
required. This notice, when delivered to the Contractor or the
Contractor's representative at the site of the work, shall be deemed
sufficient notice of the noncompliance and corrective action required.
After receiving the notice, the Contractor shall immediately take
corrective action. If the Contractor fails or refuses to take
corrective action promptly, the Contracting Officer may issue an order
stopping all or part of the work until satisfactory corrective action
has been taken. The Contractor shall not base any claim or request for
equitable adjustment for additional time or money on any stop order
issued under these circumstances.
(d) The Contractor shall call to the attention of the Contracting
Officer or his representative any unsafe condition which is not within
the power of the Contractor to correct but which could be corrected by
others.
(e) The Contractor shall, when performing work of an electrical
nature, or when working in close proximity to electrical equipment or
circuits, observe the following:
(1) Be responsible for determining that the facility on which his men
are to work is de-energized, isolated, and identified with accepted tag
out/lock out procedures. The Commission will de-energize or isolate the
cable, conductor, bus, circuit breaker, or line on which the Contractor
desires to work. The Commission will also re-energize the cable,
conductor, bus, circuit breaker, or line upon which the Contractor has
completed work and which he certifies is ready for service.
(2) When performing work, such as painting, roofing or modifying
buildings, in close proximity to electric wires, work shall be scheduled
in such a manner that these wires shall be de-energized during the
period men are working around them. Arrangements shall be made with the
Contracting Officer's representative for de-energizing such service
wires and, unless otherwise specified, work requests shall be furnished
by the Contractor to the Commission's Electrical Division to cover such
work.
(3) Painting, alterations, and additions to Commission facilities
frequently require work to be performed in close proximity to electrical
equipment and circuits within buildings. When such work, in the opinion
of the Contracting Officer, requires the de-energization of circuits,
arrangement for de-energizing services will be made by the Contracting
Officer with the agency involved.
(4) De-energization of circuits required in paragraphs (e)(2) and (3)
of this clause shall be scheduled in such a manner that prolonged
service interruptions shall be avoided.
(f) In addition to the above, the Contractor shall:
(1) Submit, within 30 calendar days after date of award, a written
outline of his proposed safety program for the contract. The safety
program shall include frequent and appropriate safety training sessions
for employees as a regular and integral part of the contract activities.
(2) Submit for approval a list of the personal protective equipment,
by type and manufacturer, to be used by employees in hazardous
occupations.
(3) Confer with representatives of the Contracting Officer to discuss
and develop mutual understandings relative to administration of the
overall safety program.
(g) The Contractor shall be responsible for its subcontractors'
compliance with this clause.
(55 FR 7664, Mar. 2, 1990; 55 FR 38331, Sept. 18, 1990)
48 CFR 3552.236-77 Working in Confined Spaces.
As prescribed in 3536.570(o), insert the following clause:
The Contractor shall comply with the Commission's policy regarding
work to be performed in confined or enclosed spaces. This policy is set
forth in a pamphlet entitled ''Panama Canal Commission Confined Spaces
Policy'', which will be made available to the Contractor, or a
prospective contractor, upon request to the Contracting Officer or his
representative.
48 CFR 3552.236-78 Safety Sign.
As prescribed in 3536.570(p), insert the following clause:
The Contractor shall construct a safety sign at the work site at a
location directed by the Contracting Officer. The sign shall be 6 feet
by 4 feet in size and shall conform to the requirements of the sketch
attached at the end of these General Conditions. The sign shall be
erected as soon as possible, but not later than 10 days after work is
initiated at the work site. No separate payment will be made for
erecting and maintaining the safety sign.
48 CFR 3552.236-79 Protection of Material and Work.
As prescribed in 3536.570(q), insert the following clause:
The Contractor shall protect and preserve all material, supplies and
equipment of every description (including property which may be
furnished or owned by the Commission) and all work performed. All
reasonable requests of the Contracting Officer to enclose or specially
protect such property shall be complied with. If, as determined by the
Contracting Officer, material, equipment, supplies, and work performed
are not adequately protected by the Contractor, such property may be
protected by the Commission, and the cost thereof may be charged to the
Contractor or deducted from any payments due the Contractor.
48 CFR 3552.236-80 Toilet Facilities.
As prescribed in 3536.570(r), insert the following clause:
Unless otherwise noted, the Contractor shall provide and maintain
adequate toilet facilities at the work site for the use of all personnel
engaged in the work under the contract. The number, types and locations
of such toilet facilities shall be approved by the Contracting Officer.
These facilities, where connection to the sanitary sewer system is
possible, will be connected and disconnected to the sewer system by the
Commission at the expense of the Contractor. The toilet facilities
shall be maintained by the Contractor in a clean and sanitary condition.
Upon completion of the work, all toilet facilities shall be removed by
the Contractor.
48 CFR 3552.236-81 Drinking Water.
As prescribed in 3536.570(s), insert the following clause:
Unless otherwise noted, the Contractor shall provide suitable
drinking water and sanitary dispensing facilities for the Contractor's
employees.
48 CFR 3552.236-82 Contract Bid Breakdown.
As prescribed in 3536.570(t), insert the following clause:
The Contractor shall, within 10 days after receipt of the Notice to
Proceed, or on receipt of request, submit for approval a breakdown of
its bid in a form to be outlined by the Contracting Officer.
Supplementary bid breakdowns of all or part of the bid shall be
furnished if requested by the Contracting Officer. Payments to the
Contractor shall be based upon the information presented in the approved
bid breakdown.
48 CFR 3552.236-83 Descriptive Data and Correspondence.
As prescribed in 3536.570(u), insert the following clause:
(a) All catalogs, operating instructions, descriptive literature,
references, specifications, drawings and notes relevant to the equipment
furnished under the specifications, and correspondence shall be in the
English language. All drawings shall be prepared in accordance with
American Standard Drafting Room Practice as approved by the American
National Standard Institute (ANSI) standards and in accordance with the
following:
(1) All dimensions shall be given in feet and inches.
(2) All weights shall be avoirdupois scales.
(3) All volume measurements shall be in cubic feet, cubic inches or
U.S. gallons (231 cu. in/gal).
(4) All heat quantities shall be in British thermal units (Btu's).
(5) All instruments shall read in units of the English system, except
gallons shall be U.S. gallons as noted in paragraph (a)(3) of this
clause.
(b) When required by the various sections of these specifications or
when requested by the Contracting Officer, seven (7) copies (unless
otherwise specified) of the following items shall be submitted by the
Contractor to the Contracting Officer for approval.
(1) Material Lists: Before any materials, fixtures or equipment are
purchased, the Contractor shall submit a complete list of materials,
fixtures and equipment to be incorporated in the work, together with the
names and addresses of the manufacturers and their catalog numbers and
trade names. A separate complete list shall be furnished for the
equipment called for under each section of the specifications. No
consideration will be given to partial lists submitted from time to
time.
(2) Descriptive Data: In order to establish quality or suitability
of materials, fixtures and equipment, the Contractor shall furnish
detailed information and descriptive data for the various items.
Approval of items will be based on manufacturer's published ratings.
Any items which are not in accordance with the specifications will be
rejected. The product of any reputable manufacturer regularly engaged
in the commercial production of specified equipment will not be excluded
on the basis of minor differences, provided all essential requirements
of this specification relative to materials, capacity, and performance
are met.
(3) Samples: (i) The Contractor shall submit all samples within a
reasonable time before use to permit inspection and testing. Samples of
materials subject to laboratory tests require, generally, a minimum of
20 days for tests after receipt of sample by the Contracting Officer.
However, considerably more time may be required depending on the nature
of the tests and the ability of the laboratory to take care of current
testing requirements.
(ii) Samples of the sizes and numbers required by the Contracting
Officer or specified in the contract shall be submitted (except when
this requirement is waived by the Contracting Officer) with label on
each, giving contract number, specification paragraph, name and
materials, trade name, name of manufacturer, place of origin, name and
location of building on which to be used, and name of Contractor
submitting same.
(iii) Samples shall be so packed as to ensure delivery at destination
in good condition and with all transportation charges prepaid by sender.
(iv) Samples of materials not subject to destructive tests, when
approved, will be kept on file in the office of the Contracting Officer
until the completion of the work, except samples of hardware or other
items approved by the Contracting Officer, which may be suitably marked
for identification and installed in the work. If the Contractor desires
an approved sample for the Contractor's own file or for a manufacturer,
the Contractor shall submit sufficient additional samples to permit the
desired distribution. Samples approved or rejected will be returned to
the Contractor only at the Contractor's request and expense.
(v) Samples selected will be tested in accordance with the
requirements of the applicable material specifications. If a sample
fails to meet specification requirements, the cost of testing shall be
at the expense of the Contractor. Failure of samples to pass specified
requirements will be sufficient cause for refusal to consider for this
work any further samples from the manufacturer whose materials have
failed to pass the required tests.
(c) Submittals: Each submittal shall be accompanied by the required
number of Panama Canal Form 3062, Submittal Data For Approval, fully
executed and certified by the Contractor. When possible, a single
transmittal shall be used for all work of a section of the
specifications, but in no instance shall a transmittal include work of
more than one section. Each copy of each item submitted for approval
shall also be properly identified as to the subject matter indicated
thereon, the item of equipment or material to which it pertains, and the
contract number under which it is submitted. Each point of difference
between the proposed equipment or material and the specified equipment
or material shall be clearly indicated on the submittal. The submittals
shall be complete and shall be checked by both the materials or
equipment supplier and the Contractor, and shall contain all required
and necessary detailed information. Fabrication of the equipment and
construction where involved shall not start until the submittals have
been approved.
(d) If approved by the Contracting Officer, each copy of the
submittal will be identified as having received such approval by being
stamped either ''Approved'' or ''Approved as Noted'', and one set will
be returned to the Contractor. Such approved submittals need not be
resubmitted. If, however, the set returned to the Contractor is stamped
''Disapproved'', such submittal shall be resubmitted as expeditiously as
possible. If the Contractor desires to have more than one copy returned
for the Contractor's use, the Contractor must increase the number of
copies submitted accordingly and must so indicate on the transmittal
form.
(e) The approval of submittals by the Contracting Officer shall not
be construed as a complete check, but will indicate only that, in
general, the materials, equipment, system, arrangement, detailing and
method of construction are satisfactory. Approval will not relieve the
Contractor of the responsibility for any error or omission which may
exist, and the Contractor shall be responsible for the dimensions and
design of adequate connections, details, satisfactory construction,
installation and operation of all work in accordance with the contract
provisions. Approval shall be subject to final, in-place inspection of
the work.
48 CFR 3552.236-84 Instruction Books.
As prescribed in 3536.570(u), insert the following clause:
The Contractor shall deliver to the Contracting Officer nine (9)
copies (unless otherwise specified) of all instruction books as called
for under the various sections of the Technical Conditions. The
instruction books shall be submitted and approved before work can be
started on installation of the equipment to which they pertain. Each
copy of the instruction books shall provide legible, complete and clear
instructions, descriptions and data for installation, operation,
maintenance and repair of the equipment as well as replacement parts
lists. Each copy of an instruction book shall be bound in separate
durable covers. Method of binding shall be post type or equivalent to
permit insertion of replacement pages. Ring or spiral type loose leaf
binders are not acceptable. Each copy shall be properly and indelibly
identified with the name of the project, the contract number, and the
name and location of the equipment to which it pertains.
48 CFR 3552.236-85 Record Drawings.
As prescribed in 3536.570(u), insert the following clause:
The Contractor shall, during the progress of the work, keep a careful
and current record, on a separate set of contract drawings, of all
changes and corrections from the layouts shown on the drawings. These
drawings shall be available for inspection at all times at the work site
indicated by the drawings. If the Contracting Officer determines that
the record drawings are seriously out of date, the Contracting Officer
may require the Contractor to cease physical work on the portion of the
work covered by the drawings until the drawings are brought up to date.
Any costs of delays resulting from such actions by the Contracting
Officer shall be borne by the Contractor. Upon completion, the
Contractor shall revise one set of prints of contract drawings,
furnished by the Contracting Officer, showing the work as actually
constructed. These drawings shall be delivered to the Contracting
Officer within 14 calendar days after receipt of the ''Acceptance of
Work'' letter. All revisions made to the contract drawings shall be
shown so that they stand out against the unchanged items in the drawing.
48 CFR 3552.236-86 Restricted Areas.
As prescribed in 3536.570(v), insert the following clause:
(a) If any of the work is located within a restricted area (such as
locks areas, power stations, water purification plants, pump stations,
and industrial areas), installation clearances, at no cost to the
Contractor, will be required for all employees who must work in the
restricted area. The Contractor shall submit to the Contracting Officer
a listing of all employees to be cleared. The listing should be
submitted at least 15 days before the anticipated starting date and
should include the full name and cedula or identification card number of
each employee and must be in alphabetical order.
(b) Employees of the Contractor must carry their cedulas or
identification cards at all times and produce them upon request of
authorized personnel. The Contractor shall ensure that the Contractor's
employees remain in the immediate area of work and do not wander
indiscriminately about the restricted areas.
48 CFR 3552.236-87 Surplus Space.
As prescribed in 3536.570(y), insert the following clause:
Surplus space in Commission buildings, facilities, or land areas may
be rented by Commission contractors, or by subcontractors through and in
the name of a Commission contractor, for use in support of contract
performance upon a written request by the Contractor to the Contracting
Officer. The request shall include specific information regarding the
location desired, the number of square feet required, and the type of
activities to be conducted. If the request is accepted, the space
assignment will be administered under the terms of a ''Letter of
Authorization'' (LOA). Failure by the Contractor to comply with any of
the terms of the LOA, or to completely remove itself from the rented
space after the Contracting Officer has advised the Contractor that the
LOA is terminated, shall be construed as a violation of this contract
clause and shall entitle the Contracting Officer to take whatever action
is appropriate under the contract, including termination for default and
the withholding of final payment.
48 CFR 3552.243-70 Modification Proposals -- Price Breakdown.
As prescribed in 3543.205 insert the following clause:
The Contractor shall furnish an itemized price breakdown, as required
by the Contracting Officer, with the Contractor's proposal in connection
with a contract modification. Unless otherwise directed, the breakdown
shall be in sufficient detail to permit an analysis of all material,
labor, equipment, subcontract and overhead costs as well as profit, and
shall cover all work involved to accomplish the modification, whether
deleted, added or changed. Any amount claimed for subcontracts shall be
supported by a similar price breakdown. In addition, if the proposal
includes a time extension, a justification therefore shall also be
furnished. The proposal, together with the price breakdown and time
extension justification, shall be furnished by such date as may be
specified by the Contracting Officer.
48 CFR 3552.244-70 Subcontractors.
As prescribed in 3536.570(x), insert the following clause:
If subcontracts have been awarded for work under this contract, the
Contractor shall submit to the Contracting Officer, within 30 calendar
days after the date of award, a statement on the Commission's standard
''Subcontractors'' form setting forth the name and address of the
subcontractor, a summary description of the work subcontracted and a
description of subcontractor's previous experience in related work. If,
at any time, the Contracting Officer determines that any subcontractor's
performance is unsatisfactory, the Contracting Officer will notify the
contractor accordingly, and steps will be taken immediately for
cancellation of such subcontract. Subletting by subcontractors shall be
subject to the same regulations. Nothing contained in this contract
shall create any contractual relation between the subcontractor and the
Commission. Subcontractors and their employees shall be considered to
be employees of the Contractor.
48 CFR 3552.247-70 Evaluation of Delivery Terms in Contract Awards.
As prescribed in 3547.370, insert the following provision:
(a) When competing offers are received which specify the two
different allowable terms of delivery, the offers will be evaluated at
the actual or constructive landed cost in the Republic of Panama in
accordance with the procedures stated below. In this connection, and
for evaluation purposes only, the point of delivery will be the Port of
Balboa, Panama or the Port of Cristobal, Panama for all offerors.
Therefore, offerors quoting on an f.o.b. destination New Orleans basis
shall furnish the total cubic measurement for each item being offered in
order to apply the following procedures:
(1) F.o.b. Destination New Orleans: Offers quoting delivery in the
United States are required on an f.o.b. destination New Orleans,
Louisiana basis since transportation from New Orleans will be by a
vessel, operating pursuant to a U.S. Government contract, which will
discharge at the Port of Balboa. In order to compare these offers with
offers quoting c.i.f. destination Panama, the following factors will be
applied:
(i) Ocean freight, New Orleans to Balboa $XXXX (Contracting Officer
insert appropriate amount) per measurement ton of 40 cubic feet (MTON).
This rate includes stevedoring and handling fees.
(ii) A self-insured loss factor of one percent of the dollar value of
the offer price.
(iii) If the delivery port specified in the Commission solicitation
is Cristobal, transportation from Balboa to Cristobal will be calculated
at the rate of $XXXX (Contracting Officer insert appropriate amount) per
MTON.
(2) C.i.f. Destination Panama: Foreign offerors proposing to ship
from foreign countries, U.S. offerors preferring to ship directly to
Panama, and Panamanian offerors proposing to ship from stock within the
Republic of Panama, are required to ship on a c.i.f. Balboa, Panama or
Cristobal, Panama basis, as applicable.
(b) Failure to furnish the total cubic measurements of the individual
items could result in the rejection of the offer. Moreover, if actual
total cubic measurements vary from the information furnished and the
award was made to the Contractor on the constructive cost based on the
erroneous information, the Contractor will be charged for the difference
between the actual cost and the price of the next low responsive
offeror.
48 CFR 3552.247-70 PART 3553 -- FORMS
Sec.
3553.000 Scope of part.
48 CFR 3552.247-70 Subpart 3553.1 -- General
3553.107 Obtaining forms.
48 CFR 3552.247-70 Subpart 3553.2 -- Prescription of Forms
3553.200 Scope of subpart.
3553.213 Small purchase and other simplified purchase procedures
(Forms 1010, 1820, 1821, 1822, 2008, 3083, 3163, 3163-MTD, 7071, 7074).
3553.215 Contracting by negotiation (Form 6122).
3553.236 Construction and architect-engineer contracts (Form 3062).
48 CFR 3552.247-70 Subpart 3553.3 -- Illustration of Forms
3553.300 Scope of subpart.
Authority: 40 U.S.C. 486(c).
Source: 55 FR 7673, Mar. 2, 1990, unless otherwise noted.
48 CFR 3553.000 Scope of part.
This part prescribes Panama Canal Commission forms to be used in
various acquisitions and other information pertaining to the forms.
48 CFR 3553.000 Subpart 3553.1 -- General
48 CFR 3553.107 Obtaining forms.
Commission forms may be obtained from the cognizant Commission
contracting office or by written request as indicated below:
(a) For all forms prescribed at 3553.213, write to: Panama Canal
Commission, Logistical Support Division, APO Miami 34011-5000;
(b) For the forms prescribed at 3553.215 and 3553.236, write to:
Panama Canal Commission, Construction Division, APO Miami 34011-5000.
48 CFR 3553.107 Subpart 3553.2 -- Prescription of Forms
48 CFR 3553.200 Scope of subpart.
This subpart prescribes Commission forms for use in the acquisition
of supplies and services, including construction. The subpart is
arranged by subject matter in the same order as, and is keyed to, the
parts of the PAR in which the form usage requirements are addressed.
48 CFR 3553.213 Small purchase and other simplified purchase procedures
(Forms 1010, 1820, 1821, 1822, 2008, 3083, 3163, 3163-MTD, 7071, 7074).
The following forms are prescribed as stated below for use in small
purchases, orders under existing contracts or agreements, and orders
from required sources of supplies and services:
(a) Panama Canal Form No. 1010, Purchase Order. This form may be
used by the Inventory Management Branch in lieu of Optional Forms 347
and 348 for the purposes specified in 3513.505-2(a).
(b) Panama Canal Form No. 1820, Purchase Order. This form may be
used by the Purchasing and Contract Branch in lieu of Optional Form 347
for the purposes specified in 3513.505-2(b).
(c) Panama Canal Form No. 1821, Purchase Requisition. This is a
6-sheet snap-out form. The first, fifth, and sixth sheets are entitled
''Purchase Requisition'' (the second, third and fourth sheets are
explained in following paragraph (d)). The purchase requisition is an
internal document that is prescribed for use only by Commission
activities to request purchasing action by the Purchasing and Contracts
Branch (see 3513.505-70).
(d) Panama Canal Form No. 1821, Request for Quotation. This is a
6-sheet snap-out form. The second, third and fourth sheets are entitled
''Request for Quotation'' (the first, fifth, and sixth sheets are
explained in paragraph (c) of this section). As specified at
3513.107(a)(4)(i), this form may be used by the Purchasing and Contracts
Branch in lieu of Standard Form 18 for the solicitation of nonstock
items and services.
(e) Panama Canal Form No. 1822, Request For Quotation Continuation.
As specified at 3513.107(a)(4)(ii), this form may be used with Panama
Canal Form No. 1821 when additional space is needed.
(f) Panama Canal Form No. 2008, This Is A Request For Prices; It Is
Not An Order. As specified at 3513.107(a)(4)(iii), this form may be
used by the Inventory Management Branch in lieu of Standard Form 18 for
the solicitation of standard stock items.
(g) Panama Canal Form No. 3083, Purchase Order Continuation. As
specified at 3513.505-2(c), this form may be used with Panama Canal Form
No. 1820, in lieu of Optional Form 348, when additional space is
needed.
(h) Panama Canal Form No. 3163, Division Purchase Order. As
specified at 3513.505-2(d), this form may be used by all activities
having contracting authority in lieu of Optional Form 347 for the
decentralized procurement of supplies and services.
(i) Panama Canal Form No. 3163-MTD, Division Purchase Order. As
specified at 3513.505-2(e), this form may be used by the Motor
Transportation Division and the New Orleans Branch, Logistical Support
Division in lieu of Optional Form 347 for purchases of nonstandard stock
automotive repair parts that do not exceed dollar amounts established by
the General Services Director.
(j) Panama Canal Commission Form 7071, General Contract Clauses and
Provisions, Small Purchases. As specified at 3513.107(a)(4)(iv), this
form shall be forwarded to prospective suppliers together with either
Panama Canal Form No. 1821 or Panama Canal Form No. 2008, as
applicable.
(k) Panama Canal Commission Form 7074, Information Sheet. As
specified at 3513.107(a)(4)(iv), this form shall be forwarded to
prospective suppliers together with either Panama Canal Form No. 1821
or Panama Canal Form No. 2008, as applicable.
48 CFR 3553.215 Contracting by negotiation (Form 6122).
As specified at 3515.804-6, Panama Canal Form No. 6122, Cost
Breakdown, may be used by the contracting officer to require contractors
to submit information for cost or price analysis in connection with
requests for proposals or modifications not exceeding $25,000.
48 CFR 3553.236 Construction and architect-engineer contracts (Form
3062).
As specified at 3536.571, Panama Canal Form 3062, Submittal Data For
Approval, shall be used by contractors as a transmittal document when
data is to be submitted for the contracting officer's approval pursuant
to FAR clause 52.236-5 or clause 3552.236-83 of this regulation.
48 CFR 3553.236 Subpart 3553.3 -- Illustration of Forms
48 CFR 3553.300 Scope of subpart.
PAR forms are not illustrated in the PAR. Persons wishing to obtain
copies of Commission forms prescribed in the PAR may do so in accordance
with 3553.107.
48 CFR 3553.300 SUBCHAPTER I -- AGENCY SUPPLEMENTARY REGULATIONS
48 CFR 3553.300 PART 3570 -- ACQUISITION OF PANAMANIAN SUPPLIES AND
SERVICES
Sec.
3570.000 Scope of part.
48 CFR 3553.300 Subpart 3570.1 -- Panamanian Preference
3570.101 Determination and definitions.
3570.102 Policy.
Authority: 40 U.S.C. 486(c); Article IX of the Agreement in
Implementation of Article III of the Panama Canal Treaty of 1977.
Source: 55 FR 7674, Mar. 2, 1990, unless otherwise noted.
48 CFR 3570.000 Scope of part.
This part provides guidance on implementation of Article IX of the
Agreement in Implementation of Article III of the Panama Canal Treaty of
1977 as it relates to the preferential acquisition of supplies and
services obtainable in the Republic of Panama. (The pertinent Article
IX language is set forth at 3525.801-74.)
48 CFR 3570.000 Subpart 3570.1 -- Panamanian Preference
48 CFR 3570.101 Determination and definitions.
(a) It has been determined by the Administrator of the Panama Canal
Commission that the acquisition of supplies and services obtainable in
the Republic of Panama is required under the conditions contemplated by
Article IX.
(b) For the purposes of this determination, the following words and
terms, as used in Article IX and this part 3570, shall have the meanings
stated below:
Comparable in quality and price means the supplies or services (1)
must conform to the purchase description, specifications, or statement
of work that sets forth the Commission's requirements; and (2) can be
acquired at a price equal to or lower than the price for similarly
conforming supplies or services obtainable from sources outside the
Republic of Panama.
Goods means manufactured or unmanufactured articles, materials and
supplies.
Obtainable in the Republic of Panama means the supplies or services
can be obtained from sources in the Republic of Panama.
Panamanian origin means goods that are grown, mined, or produced in
the Republic of Panama; or in the case of goods which consist in whole
or in part of materials from another country, have been substantially
transformed by processes performed in the Republic of Panama into new
and different articles of commerce with a name, character, or use
distinct from that of the article or articles from which they were so
transformed.
Supplies, pursuant to the definition in FAR 2.101, means ''all
property except land or interest in land.'' Accordingly, the term
includes construction.
48 CFR 3570.102 Policy.
(a) When supplies or services can be obtained from sources both
within and without the Republic of Panama, and the following conditions
exist, preference shall be afforded to those sources within Panama to
the maximum extent possible:
(1) The supplies or services can be provided at the time they are
required;
(2) The supplies or services are comparable in quality and price to
those that can be obtained from sources outside Panama; and
(3) The sources in Panama:
(i) Are determined to be responsible prospective contractors pursuant
to FAR subpart 9.1, and
(ii) Can comply in all material respects with the terms and
conditions of the acquisition document.
(b) In the comparison of prices with respect to subparagraph (a)(2)
of this section, there shall be taken into account the cost of transport
to the Republic of Panama, including freight, insurance, and handling.
The cost of insurance shall be calculated at one percent (1%) of the
value of the supplies, or any supplies incidental to services, in the
event the contract does not require insurance.
(c) When choosing between goods from sources within Panama that are
otherwise equal, preference shall be given to those goods having a
larger percentage of components of Panamanian origin.
(d) When conducting an acquisition of supplies or services for which
the estimated cost is not expected to exceed the small purchase
limitation in FAR part 13, participation may be limited to sources in
Panama unless the contracting officer determines that there is no
reasonable expectation of obtaining quotations from two or more such
sources that:
(1) Will be responsive to the required delivery time, and
(2) Will be comparable in quality and price to supplies or services
from sources outside Panama.
(e)(1) In order to conduct an acquisition of supplies or services
above the small purchase limitation and limit participation in the
acquisition to sources in Panama, the contracting officer shall:
(i) Prepare and submit a class or an individual determination and
findings to the Procurement Executive, and
(ii) Obtain that official's written approval of such determination
and findings.
(2) The determination and findings must clearly document that:
(i) An acquisition limited to such sources would result in obtaining
supplies or services at the time they are required that would be
comparable in quality and price to those obtainable from sources outside
Panama, or
(ii) An acquisition from sources outside Panama would be
impracticable because of the nature of the acquisition (e.g., a
requirements type contract where deliveries must be made within a very
short time span by trucks or pipeline from stockpiles or storage
facilities located in Panama).
48 CFR 3570.102 48 CFR Ch. 44 (10-1-92 Edition)
48 CFR 3570.102 Federal Emergency Management Agency
48 CFR 3570.102 CHAPTER 44 -- FEDERAL EMERGENCY MANAGEMENT AGENCY
48 CFR 3570.102 (Parts 4400 to 4499)
48 CFR 3570.102 SUBCHAPTER A -- GENERAL
Part
Page
4401 Federal Emergency Management Agency (FEMA) Acquisition
Regulation System
4402 Definition of words and terms
4403 Improper business practices and personal conflicts of interest
48 CFR 3570.102
48 CFR 3570.102 SUBCHAPTER B -- COMPETITION AND ACQUISITION PLANNING
4405 Publicizing contract actions
4406 Competition requirements
4408 Required sources of supplies and services
4409 Contractor qualifications
4412 Contract delivery or performance
48 CFR 3570.102
48 CFR 3570.102 SUBCHAPTER C -- CONTRACTING METHODS AND CONTRACT TYPES
4414 Sealed bidding
4415 Contracting by negotiation
4416 Types of contracts
4417 Special contracting methods
48 CFR 3570.102
48 CFR 3570.102 SUBCHAPTER D -- SOCIOECONOMIC PROGRAMS
4419 Small business and small disadvantaged business concerns
4424 Protection of privacy and freedom of information
4426 Other socioeconomic programs
48 CFR 3570.102
48 CFR 3570.102 SUBCHAPTER E -- GENERAL CONTRACTING REQUIREMENTS
4429 Taxes
4432 Contract financing
4433 Protests, disputes and appeals
48 CFR 3570.102
48 CFR 3570.102 SUBCHAPTER F -- SPECIAL CATEGORIES OF CONTRACTING
4435 Research and development contracting
4436 Construction and architect-engineer contracts
4450 Extraordinary contractual actions
48 CFR 3570.102
48 CFR 3570.102 SUBCHAPTER H -- CLAUSES AND FORMS
4452 Solicitation provisions and contract clauses
48 CFR 3570.102
48 CFR 3570.102 48 CFR Ch. 44 (10-1-92 Edition)
48 CFR 3570.102 Federal Emergency Management Agency
48 CFR 3570.102 SUBCHAPTER A -- GENERAL
48 CFR 3570.102 PART 4401 -- FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
ACQUISITION REGULATION SYSTEM
Sec.
4401.000 Scope of part.
48 CFR 3570.102 Subpart 4401.1 -- Purpose, Authority, Issuance
4401.101 Purpose.
4401.103 Applicability.
4401.104 Issuance.
4401.104-1 Publication and code arrangement.
4401.104-3 Copies.
48 CFR 3570.102 Subpart 4401.3 -- Agency Acquisition Regulations
4401.301 Policy.
4401.303 Codification and public participation.
48 CFR 3570.102 Subpart 4401.4 -- Deviations from the FAR
4401.403 Individual deviations.
4401.404 Class deviations.
4401.405 Deviations pertaining to treaties and executive agreements.
48 CFR 3570.102 Subpart 4401.6 -- Contracting Authority and
Responsibilities
4401.600-70 Scope of subpart.
4401.601 General.
4401.603 Selection, appointment, and termination of appointment.
4401.603-2 Selection.
4401.603-3 Appointment.
48 CFR 3570.102 Subpart 4401.7 -- Determinations and Findings
4401.707-70 Signature authority.
48 CFR 3570.102 Subpart 4401.70 -- Procurement Contracts Versus
Assistance Instruments
4401.7000 Scope of subpart.
4401.7001 Procurement contracts.
4401.7001-1 Situations for use.
4401.7001-2 Examples.
4401.7002 Assistance.
4401.7002-1 Grants.
4401.7002-2 Cooperative agreements.
4401.7002-3 Examples of unsubstantial involvement.
4401.7002-4 Examples of substantial involvement.
Authority: 40 U.S.C. 486(c); Reorganization Plan No. 3 of 1978.
Source: 50 FR 31316, Aug. 1, 1985, unless otherwise noted.
48 CFR 4401.000 Scope of part.
This part sets forth policies and procedures concerning the Federal
Emergency Management Agency Acquisition Regulation (FEMAAR) System.
48 CFR 4401.000 Subpart 4401.1 -- Purpose, Authority, Issuance
48 CFR 4401.101 Purpose.
FEMAAR is a supplement to the Federal Acquisition Regulation (FAR)
and is established for the codification and publication of uniform
policies and procedures for acquisitions by FEMA.
48 CFR 4401.103 Applicability.
This regulation applies to all acquisitions within FEMA, but not to
placement or administration of cooperative agreements or grants.
4401.104 Issuance.
48 CFR 4401.104-1 Publication and code arrangement.
(a) The FEMAAR is published in (1) the daily issue of the Federal
Register and (2) cumulated form in the Code of Federal Regulations
(CFR).
(b) The FEMAAR is issued as chapter 44 of title 48, CFR.
48 CFR 4401.104-3 Copies.
Copies of the FEMAAR in Federal Register and CFR form may be
purchased from the Superintendent of Documents, Government Printing
Office, Washington, DC 20402. Agency offices may request copies of the
FEMAAR from the Policy and Evaluation Division, Office of Acquisition
Management.
48 CFR 4401.104-3 Subpart 4401.3 -- Agency Acquisition Regulations
48 CFR 4401.301 Policy.
Policies, procedures, and guidance of an internal nature may be
issued through internal FEMA issuances such as manuals, standard
operating procedures, directives or instructions.
48 CFR 4401.303 Codification and public participation.
If subject matter in FAR requires no implementation, the FEMAAR will
not contain a corresponding part, subpart, section, or subsection
number. FAR subject matter governs.
48 CFR 4401.303 Subpart 4401.4 -- Deviations from the FAR
48 CFR 4401.403 Individual deviations.
The Director, Office of Acquisition Management, must authorize
individual deviations in advance. Requests for authorization must:
(a) Cite the specific parts of the FAR or FEMAAR from which it is
desired to deviate;
(b) Describe the deviation fully;
(c) Indicate the circumstances which require the deviation;
(d) Give reasons supporting the action requested; and
(e) Give reasons why the action is in the best interest of the
Government.
48 CFR 4401.404 Class deviations.
The Director, Office of Acquisition Management, must authorize class
deviations in advance.
48 CFR 4401.405 Deviations pertaining to treaties and executive
agreements.
The Director, Office of Acquisition Management, is the central
control point for all deviations including those pertaining to treaties
and executive agreements.
48 CFR 4401.405 Subpart 4401.6 -- Contracting Authority and Responsibilities
48 CFR 4401.600-70 Scope of subpart.
This subpart deals with the placement of contracting authority and
responsibility within the agency, the selection and designation of
contracting officers, and the authority of contracting officers.
48 CFR 4401.601 General.
The Director, Office of Acquisition Management, is designated the
head of contracting activities and FEMA's procurement executive. The
Director, Office of Acquisition Management, shall establish policy
throughout the agency; monitor the overall effectiveness and efficiency
of the agency's contracting offices; establish controls to assure
compliance with laws, regulations, and procedures; and delegate
contracting officer authority. The Director, Office of Acquisition
Management, shall exercise the authority delegated under 44 CFR 2.67
FEMA Organization, Functions and Delegations.
4401.603 Selection, appointment, and termination of appointment.
48 CFR 4401.603-2 Selection.
In the areas of experience, training, and education, the following
shall be required unless contracting authority is limited to a
simplified purchase procedures. Waiver of any of these criteria shall
be in writing:
(a) An individual contracting officer or an individual appointed to a
position having contracting officer authority shall have a minimum of
two years experience performing contracting, procurement, or purchasing
functions in a Government or commercial contracting office.
Additionally, where a contracting officer will work in a specialized
field, experience in the field shall be a criterion for the appointment.
(b) An individual contracting officer or an individual appointed to a
position having contracting officer authority shall have the equivalent
of a bachelor's degree from an accedited college or institution with
major studies in business administration, law, accounting, or related
fields. The appointing official may waive this requirement when a
candidate is otherwise qualified by virtue of extensive contract-related
experience and training, business acumen, judgment, character,
reputation, and ethics.
(c) An individual contracting officer or an individual appointed to a
position having contracting authority shall have successfully completed
training courses in both Government basic procurement and Government
contract administration, each of not less than 80 class hours.
Incumbents not meeting the special training requirements shall be given
24 months to meet the minimum qualification standards.
48 CFR 4401.603-3 Appointment.
Except for disaster-related activities and unusual circumstances as
determined by the head of the contracting activity, it is policy to
delegate contracting officer authority to individuals rather than to
positions. The head of the contracting activity is the appointing
authority. Except where the delegation of authority specifically
includes the authority for further redelegation, no other delegations or
redelegations may be made. Delegations of contracting officer authority
shall include a clear statement of such authority and its
responsibilities and limitations.
48 CFR 4401.603-3 Subpart 4401.7 -- Determinations and Findings
48 CFR 4401.707-70 Signature authority.
The head of the contracting activity shall sign all class
Determination and Findings (D & F's) not otherwise reserved to the
agency head.
48 CFR 4401.707-70 Subpart 4401.70 -- Procurement Contracts Versus Assistance Instruments
48 CFR 4401.7000 Scope of subpart.
This subpart describes the situations appropriate for the use of
procurement contracts, grants, or cooperative agreements and provides
examples of each.
4401.7001 Procurement contracts.
48 CFR 4401.7000-1 Situations for use.
Procurement contracts are to be used whenever the principal purpose
of the instrument is acquisition by purchase, lease, or barter of
property or services for the direct benefit or use of the Federal
Government.
48 CFR 4401.7001-2 Examples.
Procurement contracts normally will be used when the principal
purpose of the relationship is:
(a) Evaluation (including research if an evaluation character) of the
performance of Government program, projects, or grantee activity
initiated by FEMA.
(b) Projects funded by administrative funds.
(c) Technical assistance rendered on behalf of the Government to any
third party including those receiving grants or cooperative agreements.
(d) Surveys, studies, and research which provide specific information
desired by the Government for its direct activities or for dissemination
to the public.
(e) Consulting or professional services of all kinds if provided to
the Government or, on behalf of the Government, to any third party.
(f) Planning for Government use.
(g) Conferences conducted in behalf of the Government.
(h) Production of publications or audiovisual materials required
primarily for the conduct of the direct operations of the Government.
(i) Design or development of items for Government use or pursuant to
agency definition or specifications.
(j) Generation of management information or other data for Government
use.
48 CFR 4401.7002 Assistance.
Assistance may take the form of either grants or cooperative
agreements and include:
(a) General financial assistance (stimulation or support) to eligible
recipients under specific legislation authorizing such assistance.
(b) Financial assistance (stimulation or support) to a specific
program activity eligible for such assistance under specific legislation
authorizing such assistance.
48 CFR 4401.7002-1 Grants.
Grants are to be used whenever the principal purpose of the
relationship is to transfer money, property, services, or anything else
of value to a recipient to accomplish a public purpose. The support or
stimulation to be accomplished by this transfer must be authorized by
Federal statute and substantial involvement is not anticipated.
48 CFR 4401.7002-2 Cooperative agreements.
Cooperative agreements are to be used whenever the principal purpose
of the relationship is the transfer of money, property, service, or
anything else of value to recipients to accomplish a public purpose.
The support or stimulation to be accomplished by this transfer must be
authorized by Federal statute and substantial involvement is
anticipated.
48 CFR 4401.7002-3 Examples of unsubstantial involvement.
Involvement is not substantial and a grant is the proper instrument
when the following types of involvement are planned:
(a) Approval of recipient plans prior to award.
(b) Normal Federal stewardship such as site visits, performance
reporting, financial reporting, and audits to ensure that objectives,
terms, and conditions of the grants are met.
(c) Unanticipated involvement to correct definicies in project or
financial performance from the terms of the grants.
(d) General statutory requirements understood in advance of the award
such as civil rights, environmental protection, and provision for the
handicapped.
(e) Review of performance after completion.
(f) General administrative requirements, such as those included in
OMB Circulars A-21, A-95, A-110, and A-102.
48 CFR 4401.7002-4 Examples of substantial involvement.
Involvement is substantial and a cooperative agreement is the proper
instrument when the following types of involvement are planned:
(a) Agency review and approval of one stage before work can begin on
a subsequent stage during the period covered by the cooperative
agreement.
(b) Agency and recipient collaboration or joint participation in the
performance of the assisted activities.
(c) Highly prescriptive agency requirements prior to award limiting
recipient discretion with respect to scope of services offered,
organizational structure, staffing, mode of operation and other
management processes, coupled with close agency monitoring or
operational involvement during performance over and above the normal
exercise of Federal stewardship responsibilities to ensure compliance
with these requirements.
(d) General administrative requirements beyond those included in OMB
Circulars A-102 and A-110.
48 CFR 4401.7002-4 PART 4402 -- DEFINITION OF WORDS AND TERMS
Authority: 40 U.S.C. 486(c); Reorganization Plan No. 3 of 1978.
Source: 50 FR 31318, Aug. 1, 1985, unless otherwise noted.
48 CFR 4401.7002-4 Subpart 4402.1 -- Definitions
48 CFR 4402.100 Definitions.
Agency means the Federal Emergency Management Agency (FEMA).
Director means the Director of the Federal Emergency Management
Agency.
Interagency agreement means an agreement between two or more
agencies, bureaus, or departments of the Federal Government by which
supplies, services, or property are provided to, or obtained from, one
or more agencies, bureaus, or departments of the Federal Government.
Funds are transferred between the parties as consideration for the
supplies, services, or property.
Memorandum of Understanding means an agreement between two or more
agencies, bureaus, or departments of the Federal Government or other
entity. Funds are not transferred between the parties.
Program office means any office which generates requests for
procurement actions.
Project officer means the program office representative cognizant
over the technical aspects of a given procurement action.
48 CFR 4402.100 PART 4403 -- IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST
48 CFR 4402.100 Subpart 4403.1 -- Safeguards
Sec.
4403.101-2 Solicitation and acceptance of gratuities by Government
personnel.
4403.101-3 Agency regulations.
4403.103 Independent pricing.
4403.103-2 Evaluating the certification.
48 CFR 4402.100 Subpart 4403.2 -- Contractor Gratuities to Government
Personnel
4403.203 Reporting suspected violations of the Gratuities clause.
4403.204 Treatment of violations.
48 CFR 4402.100 Subpart 4403.6 -- Contracts With Government Employees or
Organizations Owned or Controlled by Them
4403.602 Exceptions.
Authority: 40 U.S.C. 486(c); Reorganization Plan No. 3 of 1978.
Source: 50 FR 31319, Aug. 1, 1985, unless otherwise noted.
48 CFR 4402.100 Subpart 4403.1 -- Safeguards
48 CFR 4403.101-2 Solicitation and acceptance of gratuities by
Government personnel.
Exceptions to the prohibition against soliciting or accepting
gratuities are explained in 44 CFR part 3, subpart B.
48 CFR 4403.101-3 Agency regulations.
FEMA ''Standards and Conduct'' are published in 44 CFR part 3. They
include requirements for financial disclosure.
4403.103 Independent pricing.
48 CFR 4403.103-2 Evaluating the certification.
The Director, Office of Acquisition Management, is authorized to make
the determination described in FAR 3.103-2(b)(2).
48 CFR 4403.103-2 Subpart 4403.2 -- Contractor Gratuities to Government Personnel
48 CFR 4403.203 Reporting suspected violations of the Gratuities clause.
Suspected violations shall be reported in the FEMA Office of the
Inspector General. A report shall include all facts and circumstances
relevant to the case.
48 CFR 4403.204 Treatment of violations.
Following review and any necessary investigation, the Inspector
General shall make recommendations to the Director or a designee. If
action is to be taken against a contractor, the contractor shall be
given the opportunity for a hearing in accordance with FAR 3.204(b).
48 CFR 4403.204 Subpart 4403.6 -- Contracts with Government Employees or Organizations Owned or Controlled by Them
48 CFR 4403.602 Exceptions.
The Director, Office of Acquisition Management, may authorize an
exception to the policy in FAR 3.601, based on facts and circumstances
provided by the program office.
48 CFR 4403.602 SUBCHAPTER B -- COMPETITION AND ACQUISITION PLANNING
48 CFR 4403.602 PART 4405 -- PUBLICIZING CONTRACT ACTIONS
Sec.
4405.001 Policy.
48 CFR 4403.602 Subpart 4405.2 -- Synopsis of Proposed Contracts
4405.206 Synopsis of subcontract opportunities.
48 CFR 4403.602 Subpart 4405.5 -- Paid Advertisements
4405.502 Authority.
Authority: 40 U.S.C. 486(c); Reorganizational Plan No. 3 of 1978.
Source: 50 FR 31319, Aug. 1, 1985, unless otherwise noted.
48 CFR 4405.001 Policy.
The agency shall continually search for and develop information on
sources (including small businesses owned and controlled by one or more
socially or economically disadvantaged individuals) competent to provide
supplies or services. Advance publicity, including use of the Commerce
Business Daily to the fullest extent practicable, shall be used for this
purpose. The search should include a review of data or brochures
furnished by sources seeking to do business with the agency. It also
should include program personnel, small business specialists, and
contracting officers to obtain information and recommendations with
respect to potential sources and to consider seeking other sources by
publication of proposed procurements.
48 CFR 4405.001 Subpart 4405.2 -- Synopsis of Proposed Contracts
48 CFR 4405.206 Synopsis of subcontract opportunities.
Unless it is not in the Government's interest, the contracting
officer shall make the solicitation source list available to firms
requesting it for subcontracting opportunities on contracts exceeding
the small purchase threshold.
48 CFR 4405.206 Subpart 4405.5 -- Paid Advertisements
48 CFR 4405.502 Authority.
In accordance with 44 CFR 2.72(a) authority to approve publication of
paid advertisement in newspapers has been delegated to the Director,
Office of Administrative Support.
48 CFR 4405.502 PART 4406 -- COMPETITION REQUIREMENTS
Authority: 40 U.S.C. 486(c); Reorganization Plan No. 3 of 1978.
Source: 50 FR 31319, Aug. 1, 1985, unless otherwise noted.
48 CFR 4405.502 Subpart 4406.5 -- Competition Advocate
48 CFR 4406.501 Requirement.
The Chief, Policy and Planning Division, Office of Acquisition
Management is designated FEMA's Competition Advocate.
48 CFR 4406.501 PART 4408 -- REQUIRED SOURCES OF SUPPLIES AND SERVICES
Authority: 40 U.S.C. 486(c); Reorganization Plan No. 3 of 1978.
Source: 50 FR 31319, Aug. 1, 1985, unless otherwise noted.
48 CFR 4406.501 Subpart 4408.8 -- Acquisition of Printing and Related Supplies
48 CFR 4408.802 Policy.
Contracting officers shall obtain approval from the Director, Office
of Administrative Support, FEMA's central printing authority before
contracting for printing.
48 CFR 4408.802 PART 4409 -- CONTRACTOR QUALIFICATIONS
48 CFR 4408.802 Subpart 4409.4 -- Debarment, Suspension, and
Ineligibility
Sec.
4409.404 Consolidated list of debarred, suspended, and ineligible
contractors.
4409.406 Debarment.
4409.406-1 General.
4409.406-3 Procedures.
4409.407 Suspension.
4409.407-1 General.
4409.407-3 Procedures.
Authority: 40 U.S.C. 486(c); Reorganization Plan No. 3 of 1978.
Source: 50 FR 31319, Aug. 1, 1985, unless otherwise noted.
48 CFR 4408.802 Subpart 4409.4 -- Debarment, Suspension, and Ineligibility
48 CFR 4409.404 Consolidated list of debarred, suspended, and ineligible
contractors.
The Director, Office of Acquisition Management, will notify GSA,
maintain records, establish procedures, and direct inquiries as required
by FAR 9.404(c).
4409.406 Debarment.
48 CFR 4409.406-1 General.
The Chief of Staff shall be the debarring official.
(50 FR 31319, Aug. 1, 1985, as amended at 55 FR 28207, July 10, 1990)
48 CFR 4409.406-3 Procedures.
(a) Determination to debar or take other action concerning a firm or
individual for a cause listed in FAR 9.406-2 shall be made by the Chief
of Staff. Whenever cause for debarment becomes known to any contracting
officer, the matter shall be submitted, with recommendations of the
Director, Office of Acquisition Management, via the Office of General
Counsel, to the Chief of Staff for appropriate action. The documented
file of the case will be included in the submission.
(b) If the Chief of Staff concurs in the proposed debarment, a notice
of proposal to debar shall be issued by the Chief of Staff or designee.
(c) The Chief of Staff or designee shall conduct any hearings
requested in connection with debarment proceedings. The firm or
individual shall have the opportunity to appear with witnesses and
counsel to present facts or circumstances showing cause why such firm or
individual should not be debarred. If the firm or individual elects not
to appear, or if the firm or individual does not respond within 30 days
from receipt of the written notice, the reviewing authority will make
the decision based on the facts on record and such additional evidence
as may be furnished by the parties involved. After consideration of the
facts, the reviewing authority shall notify the firm or individual of
the final decision.
(d) Appeals may be taken within 30 days after receipt by the firm or
individual of a decision to debar. Appeals shall be filed with the
Director, FEMA, who shall make a decision based on the record. The
Director's decision shall be final.
(50 FR 31319, Aug. 1, 1985, as amended at 55 FR 28207, July 10, 1990)
4409.407 Suspension.
48 CFR 4409.407-1 General.
The Chief of Staff shall be the suspending official.
(50 FR 31319, Aug. 1, 1985, as amended at 55 FR 28207, July 10, 1990)
48 CFR 4409.407-3 Procedures.
(a) Any contracting officer may recommend suspension of bidders.
These recommendations shall be accompanied by the documented file in the
case and be submitted through the Director, Office of Acquisition
Management, via the Office of General Counsel, to the Chief of Staff.
The Chief of Staff shall issue the notice of suspension.
(b) The Director, Office of Acquisition Management, shall develop and
maintain suspension procedures.
(50 FR 31319, Aug. 1, 1985, as amended at 55 FR 28207, July 10, 1990)
48 CFR 4409.407-3 PART 4412 -- CONTRACT DELIVERY OR PERFORMANCE
Authority: 40 U.S.C. 486(c); Reorganization Plan No. 3 of 1978.
Source: 50 FR 31320, Aug. 1, 1985, unless otherwise noted.
48 CFR 4409.407-3 Subpart 4412.3 -- Priorities, Allocations, and Allotments
48 CFR 4412.303 Procedures.
Rejected rated orders or ACM orders shall be sent to the Department
of Commerce through the head of the contracting activity.
48 CFR 4412.303 SUBCHAPTER C -- CONTRACTING METHODS AND CONTRACT TYPES
48 CFR 4412.303 PART 4414 -- SEALED BIDDING
48 CFR 4412.303 Subpart 4414.4 -- Opening of Bids and Award of Contract
4414.401 Receipt and safeguarding of bids.
4414.402 Opening of bids.
4414.406 Mistakes in bids.
4414.406-3 Other mistakes disclosed before award.
Authority: 40 U.S.C. 486(c); Reorganization Plan No. 3 of 1978.
Source: 50 FR 31320, Aug. 1, 1985, unless otherwise noted.
48 CFR 4412.303 Subpart 4414.4 -- Opening of Bids and Award of Contract
48 CFR 4414.401 Receipt and safeguarding of bids.
(a) Envelopes or other outer coverings containing identified bids
shall be stamped or otherwise marked to show the office of receipt, the
time of day received, and the date. The individual receiving the bids
shall then initial under the marking.
(b) A copy of the envelope or other covering bearing the
documentation of a bid that was opened by mistake shall be retained in
the file.
48 CFR 4414.402 Opening of bids.
The contracting officer, or duly authorized representative, shall be
designated as the bid opening officer.
4414.406 Mistakes in bids.
48 CFR 4414.406-3 Other mistakes disclosed before award.
The Director, Office of Acquisition Management, is delegated the
authority to make the determinations concerning mistakes in bid other
than obvious clerical errors discovered prior to award. Each such
determination shall be approved by the Office of General Counsel prior
to notification of the bidder.
48 CFR 4414.406-3 PART 4415 -- CONTRACTING BY NEGOTIATION
48 CFR 4414.406-3 Subpart 4415.4 -- Solicitation and Receipt of
Proposals and Quotations
Sec.
4415.413 Disclosure and use of information before award.
4415.413-2 Alternate II.
4415.413-70 Policy.
4415.413-71 Release of information during the solicitation phase.
4415.413-72 Disposition of unsuccessful proposals.
48 CFR 4414.406-3 Subpart 4415.5 -- Unsolicited Proposals
4415.500 Scope of subpart.
4415.505-1 Content of unsolicited proposals.
4415.505-2 Unsolicited renewal proposals.
4415.506 Agency procedures.
4415.506-1 Receipt and initial review.
48 CFR 4414.406-3 Subpart 4415.6 -- Source Selection
4415.612 Formal source selection.
4415.612-70 Scope.
4415.612-71 Key participants.
48 CFR 4414.406-3 Subpart 4415.8 -- Price Negotiation
4415.803 General.
48 CFR 4414.406-3 Subpart 4415.10 -- Preaward, Award and Postaward
Notifications, Protests, and Mistakes
4415.1003 Debriefing of unsuccessful offerors.
Authority: 40 U.S.C. 486(c); Reorganization Plan No. 3 of 1978.
Source: 50 FR 31320, Aug. 1, 1985, unless otherwise noted.
48 CFR 4414.406-3 Subpart 4415.4 -- Solicitation and Receipt of
Proposals and Quotations
4415.413 Disclosure and use of information before award.
48 CFR 4415.413-2 Alternate II.
These alternate FAR procedures may be used if approved in writing by
the head of the contracting activity.
48 CFR 4415.413-70 Policy.
It is FEMA policy to use information contained in proposals only for
evaluation purposes unless information (a) is generally available to the
public, (b) is already the property of the Government, (c) is already
available to the Government with unrestricted use rights, or (d) is or
has been made available to the Government without restriction.
48 CFR 4415.413-71 Release of information during the solicitation phase.
No information shall be released during the solicitation phase,
except as follows: Each solicitation for a negotiated acquisition shall
name an individual in the contracting office to respond to inquiries
concerning the solicitation and evaluation of proposals resulting from
the solicitation. All questions whether of a procedural or substantive
nature shall be directed to that individual. No one else shall exchange
comments with offerors or potential offerors. Questions requiring
clarification of substantive portions of the solicitation shall be
answered by amendment of the solicitation. A copy of the amendment
shall be sent to each recipient of the solicitation.
48 CFR 4415.413-72 Disposition of unsuccessful proposals.
Unsuccessful proposals shall be disposed of as follows:
(a) All but one copy of each unsuccessful proposal shall be destroyed
as soon as practicable after contract award. The one remaining copy of
each shall be retained in the official contract file.
(b) Unsuccessful proposals shall not be used for purposes other than
internal reference unless (1) written permission has been obtained from
the offeror or (2) the proposal expressly states that unrestricted use
is given to the Government regardless of its success in the competition.
48 CFR 4415.413-72 Subpart 4415.5 -- Unsolicited Proposals
48 CFR 4415.500 Scope of subpart.
This subpart sets forth procedures for controlling the receipt,
evaluation, and timely disposition of unsolicited proposals.
48 CFR 4415.505-1 Content of unsolicited proposals.
FEMA's Appropriation Act (Public Law 100 -- 404, Section 407)
requires the contractor to cost share if a research contract results
from an unsolicited proposal. This requirement may be waived only when
it would not be equitable for the Government to require cost sharing.
To waive, (a) the offeror must certify in writing to the contracting
officer that it has no commercial, production, educational, or service
activities on which to use the results of the research and that it has
no means of recovering any cost on such projects; and (b) the
contracting officer must make a written determination that there is no
measurable gain to the performing organization and no mutuality of
interest. This determination shall be placed in the contract file.
(See 4416.303.)
(50 FR 31320, Aug. 1, 1985, as amended at 55 FR 28207, July 10, 1990)
48 CFR 4415.505-2 Unsolicited renewal proposals.
Renewal proposals, i.e., those for the extension or augmentation of
current contracts, are subject to the same FAR and FEMA regulations,
including the requirements of the Competition in Contracting Act, as are
proposals for new contracts.
(55 FR 28207, July 10, 1990)
48 CFR 4415.506 Agency procedures.
(a) The Office of Acquisition Management is the point of contact for
the receipt, acknowledgment, and handling of unsolicited proposals.
Unsolicited proposals and requests for additional information regarding
their preparation shall be submitted to: Federal Emergency Management
Agency, Office of Acquisition Management, Policy & Evaluation Division,
500 C Street SW, room 726, Washington, DC 20472.
(b) Unsolicited proposals submitted to FEMA program, regional or
field offices, or misdirected proposals, shall be immediately fowarded
by recipients to the Headquarters Office of Acquisition Management.
(c) Unsolicited proposals shall be submitted in an original and five
copies at least six months in advance of the date the offeror desires to
begin work so that there will be enough time to evaluate the proposal
and negotiate a contract.
(50 FR 31320, Aug. 1, 1985, as amended at 55 FR 28207, July 10, 1990)
48 CFR 4415.506-1 Receipt and initial review.
(a) The Office of Acquisition Management shall acknowledge an
unsolicited proposal. Simultaneously, copies of the proposal shall be
sent to the appropriate program offices for evaluation.
(b) Information Requirements. The Office of Acquisition Management
shall keep records of unsolicited proposals received and shall provide
prompt status information to requestors. The records shall include, as
a minimum, the number of unsolicited proposals received, funded, and
rejected during the fiscal year, the identity of the proposers and the
office to which each was referred. These numbers shall be broken out by
source (large business, small business, university, or nonprofit
institutions).
(50 FR 31320, Aug. 1, 1985, as amended at 55 FR 28207, July 10, 1990)
48 CFR 4415.506-1 Subpart 4415.6 -- Source Selection
Source: 55 FR 28207, July 10, 1990, unless otherwise noted.
4415.612 Formal source selection.
48 CFR 4415.612-70 Scope.
(a) Formal source selection procedures shall apply to competitively
negotiated acquisition when the estimated cost exceeds $25,000.
(b) Formal source selection procedures do not apply to the
acquisition of Architect-Engineer Services, acquisition from other
Government agencies (including State and local), or any other
acquisition which is specifically exempted by the Director.
48 CFR 4415.612-71 Key participants.
(a) A proposal evaluation team shall be formed to conduct the
technical evaluation of proposals. For acquisitions estimated to cost
$10 million or less, the team shall be called the Technical Evaluation
Panel (TEP) and shall consist of at least three (3) voting members. For
acquisitions in excess of $10 milion, or those whose estimated cost does
not exceed $10 million, but the selected source is likely to receive
funding for future phase(s) of the same project, and the aggregate
amount of such funding (including the current acquisition) is estimated
to exceed $10 million, the team shall be called the Source Evaluation
Board (SEB) and shall consist of at least five (5) voting members.
(b) The Source Selection Official or the Contracting Officer,
depending upon the dollar amount of the proposed award and any
anticipated additions to it, shall select a source for contract award.
For acquisitions estimated to exceed $10 million, the program head,
i.e., Associate Director/Administrator, of the acquiring office shall be
the Source Selection Official. For acquisitions estimated to cost $10
million or less, the Contracting Officer shall be the Source Selection
Official.
48 CFR 4415.612-71 Subpart 4415.8 -- Price Negotiation
48 CFR 4415.803 General.
When all efforts to get a contractor to agree to a reasonable price
or fee have failed, the contracting officer shall refer the matter to
the head of the contracting activity.
48 CFR 4415.803 Subpart 4415.10 -- Preaward, Award and Postaward Notifications, Protests, and Mistakes
48 CFR 4415.1003 Debriefing of unsuccessful offerors.
Any unsuccessful offeror may write for a debriefing within two months
after contract award. The contracting officer shall provide the
debriefing.
48 CFR 4415.1003 PART 4416 -- TYPES OF CONTRACTS
48 CFR 4415.1003 Subpart 4416.3 -- Cost-Reimbursement Contracts
Sec.
4416.303 Cost-sharing contracts.
48 CFR 4415.1003 Subpart 4416.6 -- Time-and-Materials, Labor -- Hour,
and Letter Contracts
4416.603 Letter contracts.
4416.603-3 Limitations.
Authority: 40 U.S.C. 486(c); Reorganization Plan No. 3 of 1978.
Source: 50 FR 31321, Aug. 1, 1985, unless otherwise noted.
48 CFR 4415.1003 Subpart 4416.3 -- Cost-Reimbursement Contracts
48 CFR 4416.303 Cost-sharing contracts.
(a) This subsection sets forth basis guidelines governing
cost-sharing contract.
(b)(1) Cost sharing with non-Federal organizations shall be
encouraged in contracts for basic or applied research in which both
parties have considerable interest.
(2) Contracting officers shall assure themselves of the following in
determining contract type:
(i) The research effort has more than minor relevance to the
non-Federal activities of the performing organization and is not
primarily a service to the Government.
(ii) The performing organization has adequate non-Federal sources of
funds from which to make a cash contribution.
(iii) The performing organization is engaged primarily in production
or other service activities, as opposed to research and development, and
is in a favorable position to make a cost contribution.
(iv) The principal purpose of the contract is research.
(v) Payment of the full cost of the project is not necessarily in
order to obtain the services of the particular organization.
(3) FEMA's Appropriation Act requires cost sharing by the contractor
under research contracts resulting from unsolicited proposals. See
4415.505-1.
(c) Guidelines for determining the amount of cost sharing.
(1) For educational institutions and other not-for-profit or
non-profit organizations, cost sharing may vary from 1 to 50 percent of
the costs of the project. In some cases it may be appropriate for
educational institutions to provide a higher degree of cost sharing,
such as when the cost of the research consists primarily of the
academic-year salary of faculty members, or when the equipment acquired
by the institution for the project will be of significant value to the
institution in its educational activities.
(2) The amount of cost participation by commercial or industrial
organizations may vary from 1 percent or less to more than 50 percent of
total project cost, depending upon the extent to which the research
effort is likely to enhance the performing organization's capability,
expertise, or competitive position, and the value of such enhancement to
the performing organization. Recognize, however, that organizations
predominately engaged in research and development with little other
activity may not be able to derive a monetary benefit from the research
under Federal agreements.
(3) A fee will usually not be paid to the performing organization if
the organization is to contribute to the cost of the research effort,
but the amount of cost sharing may be reduced to reflect the fact that
the organization is foregoing normal fees on the research. However, if
the research is expected to be of major value to the performing
organization and if cost sharing is not required by statute, it may be
appropriate for the performer to make a contribution in the form of a
reduced fee rather than sharing the costs of the project.
(4) Each cost-sharing contract negotiated shall contain the clause in
4452.216-70.
(50 FR 31321, Aug. 1, 1985, as amended at 55 FR 28208, July 10, 1990)
48 CFR 4416.303 Subpart 4416.6 -- Time-and-Materials, Labor-Hour, and
Letter Contracts
4416.603 Letter contracts.
48 CFR 4416.603-3 Limitations.
A letter contract may be used only if the head of the contracting
activity executes a determination and finding that no other contract
type is suitable.
48 CFR 4416.603-3 PART 4417 -- SPECIAL CONTRACTING METHODS
Authority: 40 U.S.C. 486(c); Reorganization Plan No. 3 of 1978.
Source: 50 FR 31322, Aug. 1, 1985, unless otherwise noted.
48 CFR 4416.603-3 Subpart 4417.70 -- General
48 CFR 4417.7001 Preference for local contractors.
(a) This subsection establishes policies relating to local contractor
preference to receive contract awards resulting from competitive
solicitations under a Presidentially declared major disaster or
emergency operation.
(b) The geographic areas to which local contractor preference shall
apply are those affected by the Presidentially declared disaster and
designated in the Federal Register by the Associate Director, State and
Local Programs and Support, or his designee. Geographical areas shall
be identified by county or other political subdivision.
(c) Pursuant to the provisions of Pub. L. 93-288, the provisions set
forth in 4452.217-70 shall be included in each competitive solicitation
for disaster relief response.
(d) If the contracting officer determines it to be in the best
interest of the Government, the provision set forth in 4452.217-70 need
not be included in solicitations. Such determination shall be
documented in the contract file with a findings and determination signed
by the contracting officer and approved by the head of the contracting
activity.
(e) If the contracting officer makes the determination of paragraph
(d) of this section, local participation may be encouraged by:
(1) Setting the procurement aside for labor surplus area if the
disaster area has been established as a labor surplus area;
(2) Advertising only in the local disaster area; and/or
(3) Dividing large requirements into several smaller requirements.
48 CFR 4417.7001 SUBCHAPTER D -- SOCIOECONOMIC PROGRAMS
48 CFR 4417.7001 PART 4419 -- SMALL BUSINESS AND SMALL DISADVANTAGED
BUSINESS CONCERNS
Authority: 40 U.S.C. 486(c); Reorganization Plan No. 3 of 1978.
Source: 50 FR 31322, Aug. 1, 1985, unless otherwise noted.
48 CFR 4417.7001 Subpart 4419.2 -- Policies
48 CFR 4419.201 General policy.
(a) The Director, Office of Personnel and Equal Opportunity, is also
the Director, Office of Small and Disadvantaged Business Utilization.
(b) The Chief, Policy and Evaluation Division, Office of Acquisition
Management, is the small business technical advisor.
(c) Each contracting officer is a small and disadvantaged business
utilization specialist.
(50 FR 31322, Aug. 1, 1985, as amended at 55 FR 28208, July 10, 1990)
48 CFR 4419.201 PART 4424 -- PROTECTION OF PRIVACY AND FREEDOM OF
INFORMATION
Authority: 40 U.S.C. 486(c); Reorganization Plan No. 3 of 1978.
Source: 50 FR 31322, Aug. 1, 1985, unless otherwise noted.
48 CFR 4419.201 Subpart 4424.2 -- Freedom of Information Act
48 CFR 4424.202 Policy.
FEMA's Freedom of Information Act policy is codified at 44 CFR part
5.
48 CFR 4424.202 PART 4426 -- OTHER SOCIOECONOMIC PROGRAMS
Sec.
4426.101 General policy.
4426.102 Accessibility of meetings, conferences and seminars to
persons with disabilities.
Authority: 40 U.S.C. 486(c); Reorganization Plan No. 3 of 1978.
48 CFR 4426.101 General policy.
Section 504 of the Rehabilitation Act of 1973, as amended, prohibits
Federal agencies from discriminating against qualified persons on the
grounds of disability. The law not only applies to internal employment
practices but extends to agency interaction with members of the public
who participate in FEMA programs. (FEMA's implementation of section 504
of this Act is codified at 44 CFR part 16.)
(55 FR 28208, July 10, 1990)
48 CFR 4426.102 Accessibility of meetings, conferences and seminars to
persons with disabilities.
It is FEMA's policy to extend the provisions of the Rehabilitation
Act of 1973, as amended, to vendors who interact with the public while
under contract to FEMA. Therefore, FEMA Clause 4452.226-01,
Accessibility of Meetings, Conferences, and Seminars to Persons with
Disabilities, shall be included in FEMA contracts over $25,000 when in
the performance of such contract the contractor will plan meetings,
seminars and conferences which may be attended by persons with
disabilities.
(55 FR 28208, July 10, 1990)
48 CFR 4426.102 SUBCHAPTER E -- GENERAL CONTRACTING REQUIREMENTS
48 CFR 4426.102 PART 4429 -- TAXES
Authority: 40 U.S.C. 486(c); Reorganization Plan No. 3 of 1978.
Source: 50 FR 31322, Aug. 1, 1985, unless otherwise noted.
48 CFR 4426.102 Subpart 4429.1 -- General
48 CFR 4429.101 Resolving tax problems.
(a) The Office of General Counsel is responsible, with FEMA, for
handling all tax problems. It also is responsible for asking the
Department of Justice for representation of intervention in proceedings
concerning taxes.
(b) The contracting officer shall request, in writing, the assistance
of the Office of General Counsel in resolving a tax problem. The
request shall detail the problem and include supporting information.
The Office of General Counsel shall inform the contracting officer of
the disposition of the tax problem and the contracting officer will tell
the contractor.
48 CFR 4429.101 PART 4432 -- CONTRACT FINANCING
Authority: 40 U.S.C. 486(c); Reorganization Plan No. 3 of 1978.
Source: 50 FR 31322, Aug. 1, 1985, unless otherwise noted.
48 CFR 4429.101 Subpart 4432.4 -- Advance Payments
48 CFR 4432.402 General.
The head of the contracting activity has responsibility and authority
to make findings and determinations and to approve or disapprove
contract terms.
48 CFR 4432.402 PART 4433 -- PROTESTS, DISPUTES AND APPEALS
Authority: 40 U.S.C. 486(c); Reorganization Plan No. 3 of 1978.
Source: 55 FR 28208, July 10, 1990, unless otherwise noted.
48 CFR 4432.402 Subpart 4433.103 -- Protests to the Agency
48 CFR 4433.103 Protests to the agency.
(a) Protests should be filed on a timely basis to the Contracting
Officer specified in the solicitation or contract. Protests are
considered timely if, when based on alleged improprieties in a
solicitation which are apparent prior to the bid/proposal closing time,
they are filed not later than the closing date, and in other cases they
are filed within 10 working days after the basis of the protest is known
or should have been known whichever is earlier.
(b) If a protest is received prior to award, the Contracting Officer
shall notify all offerors within one full working day after consultation
with the Office of General Counsel (OGC). An award will not be made
unless a written determination is approved by the Head of the
Contracting Activity in accordance with the criteria set forth in FAR
33.103.
(c) If a protest is received after award, the Contracting Officer
shall give careful consideration to suspending contract performance if
it appears likely that the award may be invalidated and the Government's
interest will not be harmed by a delay in the receipt of goods or
services. The Contracting Officer's determination to suspend
performance should be made in writing and approved by the Head of the
Contracting Activity after consultation with OGC. If the decision is to
proceed with contract award or continue with contract performance, the
Contracting Officer shall include the written findings in the file and
shall give written notice of the decision to the protestor and other
interested parties.
(d) The Contracting Officer/Contract Specialist shall prepare the
final decision for approval by the Head of the Contracting Activity.
The protestor shall be notified of the final decision regarding its
protest within 30 working days after receipt of the protest.
48 CFR 4433.103 SUBCHAPTER F -- SPECIAL CATEGORIES OF CONTRACTING
48 CFR 4433.103 PART 4435 -- RESEARCH AND DEVELOPMENT CONTRACTING
Authority: 40 U.S.C. 486(c); Reorganization Plan No. 3 of 1978.
Source: 50 FR 31322, Aug. 1, 1985, unless otherwise noted.
48 CFR 4435.003 Policy.
Cost-sharing policy for research and development contracts is stated
in 4415.502-70.
48 CFR 4435.003 PART 4436 -- CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
48 CFR 4435.003 Subpart 4436.6 -- Architect-Engineer Services
Sec.
4436.602-2 Evaluation boards.
4436.602-4 Selection authority.
Authority: 40 U.S.C. 486(c); Reorganization Plan No. 3 of 1978.
Source: 50 FR 31322, Aug. 1, 1985, unless otherwise noted.
48 CFR 4435.003 Subpart 4436.6 -- Architect-Engineer Services
48 CFR 4436.602-2 Evaluation boards.
(a) Each architect-engineer evaluation board, permanent or ad hoc,
shall have at least five voting members and one alternate. These will
be Federal employees. A majority of the voting members will be from the
program office.
(b) During the selection process, a board member or advisor may have,
or appear to have, a conflict of interest regarding a firm in the
competition. Immediately upon becoming aware of a potential conflict or
an appearance of a conflict, the member or advisor shall notify the
board chairperson who shall, in turn, inform the Office of General
Counsel. The Office of General Counsel shall make a final determination
on the conflict issue.
(c) The evaluation board is to be insulated from outside pressures.
Information concerning board deliberations shall be divulged only to
persons having a need-to-know.
48 CFR 4436.602-4 Selection authority.
(a) Heads of program offices which may require architect-engineer
services are designated as selection authorities for acquisition of
architect-engineer services.
(b) A determination shall be sent to the contracting officer listing
the selected firms in order of preference.
48 CFR 4436.602-4 PART 4450 -- EXTRAORDINARY CONTRACTUAL ACTIONS
48 CFR 4436.602-4 Subpart 4450.2 -- Delegation of and Limitations on
Exercise of Authority
Sec.
4440.201 Delegation of authority.
4450.202 Contract adjustment boards.
Authority: 50 U.S.C. 1431-1435; E.O. 10789; E.O. 12148.
Source: 50 FR 31322, Aug. 1, 1985, unless otherwise noted.
48 CFR 4436.602-4 Subpart 4450.2 -- Delegation of and Limitations on Exercise of Authority
48 CFR 4450.201 Delegation of authority.
All authority granted by 48 CFR 50.101 may be exercised by the
Director of the Federal Emergency Management Agency. Such authority to
approve, authorize, and direct appropriate action under this Part and to
make all appropriate determinations and findings which do not obligate
the United States in excess of $50,000 are delegated to the Director,
Office of Acquisition Management. Such authority to approve, and direct
appropriate action under this Part and to make all appropriate
determinations and findings which may obligate the United States in
excess of $50,000 are delegated to the FEMA Contract Adjustment Board.
The limitations contained in 48 CFR 50.201 and 50.202 apply.
48 CFR 4450.202 Contract adjustment boards.
As cases arise under the Act, the Director of FEMA may appoint, as
needed, a FEMA Contract Adjustment Board consisting of one senior staff
member, not otherwise involved with the action under consideration, from
each of the following offices:
(a) Acquisition Management, who shall act as Chairperson
(b) General Counsel
(c) Comptroller.
48 CFR 4450.202 SUBCHAPTER H -- CLAUSES AND FORMS
48 CFR 4450.202 PART 4452 -- SOLICITATION PROVISIONS AND CONTRACT CLAUSES
48 CFR 4450.202 Subpart 4452.2 -- Texts of Provisions and Clauses
Sec.
4452.216-70 Consideration and payment (Cost-Sharing).
4452.217-70 Preference for local contractors in Presidentially
declared major disasters or emergencies.
4452.226-1 Accessibility of meetings, conferences and seminars to
persons with disabilities.
4452.227-70 Reproduction of reports.
4452.227-71 Coordination of federal reporting requirements.
4452.227-72 Publication.
Authority: 40 U.S.C. 486(c); Reorganization Plan No. 3 of 1978.
Source: 50 FR 31323, Aug. 1, 1985, unless otherwise noted.
48 CFR 4450.202 Subpart 4452.2 -- Texts of Provisions and Clauses
48 CFR 4452.216-70 Consideration and payment (Cost-Sharing).
As prescribed in 4416.303, include the following clause in research
and development contracts with non-Federal organizations:
(a) The estimated cost for the performance of this contract is $XXXX.
The contractor agrees to bear without reimbursement by the Government
XX% of the cost for performance hereunder. Such cost sharing shall be
effected as set forth in paragraph (b) of this clause.
(b) Public vouchers or invoice shall be submitted in an original and
five (5) copies and shall show the total cost incurred for the period
for which the voucher or invoice is submitted, the cumulative total of
costs incurred through the billing period, and the percentage of costs
to be reimbursed by the Government. However, the Government is not
obligated to reimburse the contractor for the Government's share of the
costs in excess of XXXX% of such amount. The Government shall not be
obligated to reimburse the contractor for the Government's share of the
costs in excess of $XXXX nor is the contractor obligated by this
contract to expend his own funds in excess of $XXXX.
(55 FR 28208, July 10, 1990)
48 CFR 4452.217-70 Preference for local contractors in Presidentially
declared major disasters or emergencies.
Pursuant to the provisions of Pub. L. 93-288 and 4415.105-71, the
following provisions shall be included in each competitive solicitation
for on-site disaster relief response:
In awarding any contract pursuant to this solicitation, the
Government shall give preference to local organizations, firms, and
individuals residing or doing business primarily in the geographic area
identified as the disaster area.
The contracting officer reserves the right to request offerors to
furnish documentation to demonstrate eligibility for local contractor
preference. To be eligible, the offeror shall have been residing (in
the case of individuals) or doing the major portion of its business (in
the case of business entities) in the disaster area.
An offeror for which eligibility is established (local offeror) shall
be permitted to meet the lowest price received from an otherwise
eligible non-local offeror, provided that the proposed price from the
local offeror does not exceed 130 percent of the price of the non-local
offeror. The lowest priced local offeror within 130 percent of the
lowest non-local offeror shall have the first chance to meet the
non-local price. If the local offeror meets the lowest non-local price
and is determined to be responsible, award shall be made. If the
non-local offer is not met, the next lowest local offeror within 130
percent shall have the chance to meet the lowest non-local price. This
process shall continue until award is made to a local offeror within the
130 percent requirement or the supply of local offerors is exhausted and
award made to the lowest non-local offeror.
48 CFR 4452.226-1 Accessibility of meetings, conferences and seminars to
persons with disabilities.
Include the following clause in contracts under which the contractor
will plan meetings, conferences and seminars which may be attended by
persons with disabilities.
The Contractor agrees as follows:
(a) Planning. The Contractor will develop a plan to assure that any
meeting, conference, or seminar held pursuant to this contract will meet
or exceed the minimum accessibility standards set forth below. This
plan shall include a provision for ascertaining the number and types of
disabled individuals planning to attend the meeting, conference, or
seminar. The plan shall be submitted to the Contracting Officer for
approval prior to initiating action. A consolidated or master plan for
contracts requiring numerous meetings, conferences, or seminars may be
submitted in lieu of separate plans.
(b) Facilities. Any facility to be utilized for meetings,
conferences, or seminars in performance of this contract shall be
accessible to persons with disabilities. The Contractor shall
determine, by an on-site inspection if necessary, that the following
minimum accessibility requirements are met, or suitable modifications
are made to meet these requirements, before the meeting:
(1) Parking. (i) Where parking is available on or adjacent to the
site one 12' wide space must be set aside for the car of each mobility
impaired attendee. The space need not be permanently striped but may be
temporarily marked by signs, ropes, or other means satisfactory to carry
out this provision.
(ii) Where parking is not available on or adjacent to the site, valet
parking or other alternative means must be available to assist disabled
attendees. Alternate means must be satisfactory in the judgment of the
Contracting Officer.
(2) Entrances. (i) ''Entrances'' shall include at least one
accessible entrance from the street/sidewalk level, and at least one
accessible entrance from any available parking facility.
(ii) The entrance shall be level or accessible by ramp with an
incline that allows independent negotiation by a person in a wheelchair.
In general, the slope of the incline shall be no more than 1'' rise per
foot of ramp length (1:12).
(iii) Entrance doorways shall be at least 30'' in clear width and
capable of operation by persons with disabilities. Revolving doors,
regardless of foldback capability, will not meet this requirement.
(3) Meeting Rooms. (i) Meeting room access from the main entrance
area must be level or at an independently negotiable incline
(approximately 1:12) and/or served by elevators from the main entrance
level. All elevators shall be capable of accommodating a wheelchair
29'' wide by 45'' long.
(ii) Meeting rooms shall be on one level or, if on different levels,
capable of being reached by elevators or by ramps that can be
independently negotiated by a person in a wheelchair. Doorways to all
meeting rooms shall be at least 30'' in clear width.
(iii) The interior of the meeting room shall be on one level or
ramped so as to be independently negotiable for a person in a
wheelchair.
(iv) Stages, speaker platforms, etc. which are to be used by persons
in wheelchairs must be accessible by ramps or lifts. When used, the
ramps may not necessarily be independently negotiable if space does not
permit. However, any slope over 1:12 must be approved by the
Contracting Officer. Each case is to be judged on its own merits.
(v) If a meeting room with fixed seating is utilized, seating
arrangements for persons in wheelchairs shall be made so that these
persons are incorporated into the group rather than isolated on the
perimeter of the group.
(4) Restrooms. (i) Restrooms shall have level access, signs
indicating accessibility, and doorways at least 30" in clear width.
(ii) Sufficient turning space within restrooms shall be provided for
independent use by a person in a wheelchair 29'' wide by 45'' long. A
space 60" by 60" or 63" by 56" of unobstructed floor space as measured
12" above the floor is acceptable by standard; other layout will be
accepted if it can be demonstrated that they are usable as indicated.
(iii) There will be a restroom for each sex or a unisex restroom with
at least one toilet stall capable of accommodating a wheelchair 29" wide
by 45" long (by standard, the minimum is 3 ^0" by 43 ^83"), with
outswinging door or private curtains. Wall mounted grab bars are
required.
(iv) When separate restrooms have been set up for mobility impaired
persons, they shall be located adjacent to the regular restrooms and
shall be fully accessible.
(5) Eating Facilities. (i) Eating facilities in the meeting facility
must be accessible under the same general guidelines as are applied to
meeting rooms.
(ii) If the eating facility is a cafeteria, the food service area
(cafeteria line) must allow sufficient room for independent wheelchair
movement and accessibility to food for persons in wheelchairs, and
cafeteria staff shall be available to assist disabled persons.
(6) Overnight Facilities. If overnight accommodations are required:
(i) Sufficient accessible guest rooms to accommodate each attendee
who is disabled shall be located in the facility where the meeting,
conference, or seminar is held, or in a facility housing the attendees
which is conveniently located hereby, whichever is satisfactory to the
Contracting Officer.
(ii) Overnight facilities shall provide for the same minimum
accessibility requirements as the facility utilized for guest room
access from the main entrance area shall be level, ramped at an
independently negotiable incline (1:12), and/or served by elevators
capable of accommodating a wheelchair 29" wide by 45" long.
(iii) Doorways to guest rooms, including the doorway to the bathroom,
shall be at least 30" in clear width.
(iv) Bathrooms shall have wall mounted grab bars at the tub and water
closet.
(v) Guest rooms for persons with a disability shall be provided at
the same rate as a guest room for other attendees.
(7) Water Fountains. Water fountains shall be accessible to disabled
persons, or have cup dispensers for use by persons in wheelchairs.
(c) Provisions of Services for Sensory Impaired Attendees.
(1) The Contractor, in planning the meeting, conference, or seminar
shall include in all announcements and other materials pertaining to the
meeting, conference, or seminar a notice indicating that services will
be made available to sensory impaired persons attending the meeting, if
requested within five (5) days of the date of the meeting, conference,
or seminar. The announcement(s) and other material(s) shall indicate
that sensory impaired persons may contact a specific person(s), at a
specific address and phone number(s), to make their service requirements
known. The phone number(s) shall include a teletype number for the
hearing impaired.
(2) The Contractor shall provide, at no cost to the individual, those
services required by persons with sensory impairments to insure their
complete participation in the meeting, conference, or seminar.
(3) As a minimum, when requested in advance, the Contractor shall
provide the following services:
(i) For hearing impaired persons, qualified interpreters. Provisions
will also be made for volume controlled phone lines and, if necessary,
transportation to local teletype equipment to enable hearing impaired
individuals to receive and send meeting related calls. If local
teletype equipment is not available, the Contractor shall provide
on-site teletype equipment. Also, the meeting rooms will be adequately
illuminated so signing by interpreters can be easily seen.
(ii) For vision impaired persons, readers and/or cassette materials,
as necessary, to enable full participation. Also, meeting rooms will be
adequately illuminated.
(iii) Agenda and other conference material(s) shall be translated
into a usable form for the visually and hearing impaired. Readers,
braille translations, and/or tape recordings are all acceptable. These
materials shall be available to sensory impaired individuals upon their
arrival.
(4) The Contractor is responsible for making every effort to
ascertain the number of sensory impaired individuals who plan to attend
the meeting, conference, or seminar. However, if it can be determined
that there will be no sensory impaired person (deaf and/or blind) in
attendance, the provision of those services under paragraph (c) for the
non-represented group, or groups, is not required.
(Approved by the Office of Management and Budget under control number
3067-0213)
(55 FR 28208, July 10, 1990)
48 CFR 4452.227-70 Reproduction of reports.
Include the following clause in the contract when the product is a
report, data or other written material.
Reproduction of reports, data, or other written material, if required
herein, is authorized provided that the material produced does not
exceed 5,000 production units of any page and that items consisting of
multiple pages do not exceed 25,000 production units in aggregate. The
aggregate number of production units is to be determined by multiplying
pages times copies. A production unit is one sheet, size 8 1/2 11
inches or less, printed on one side only, and in one color. All copy
preparation to produce camera-ready copy for reproduction must be set by
methods other than hot metal typesetting. The reports should be
produced by methods employing stencils, masters, and plates which are to
be used on single-unit duplicating equipment no larger than 11 by 17
inches with a maximum image of 10 3/4 by 14 1/4 inches and are prepared
by methods or devices that do not utilize reusable contact negatives
and/or positives prepared with a camera requiring a darkroom. All
reproducibles (camera-ready copies for reproduction by photo offset
methods) shall become the property of the Government and shall be
delivered to the Government with the report, data, or other written
material.
48 CFR 4452.227-71 Coordination of Federal reporting requirements.
The following clause shall be included in contracts when appropriate:
In the event that it is a contractual requirement to collect
information from 10 or more public respondents, the provisions of 44
U.S.C. chapter 35 (Coordination of Federal Reporting Requirements),
shall apply to this contract. The contractor shall obtain through the
project Officer the required office of Management and Budget clearance
before making public contacts for the collection of data or expending
any funds for such collection. The authority to proceed with the
collection of data from public respondents and the expenditure of funds
therefore shall be in writing signed by the Contracting Officer.
48 CFR 4452.227-72 Publication.
The following clause shall be used in all contracts under which it is
anticipated that a report will be a product.
(a) Definition. For the purpose of this clause ''publication''
includes (1) any document containing information intended for public
consumption or (2) the act of, or any act which may result in,
disclosing information to the public.
(b) General. The results of the research and development and studies
conducted under this contract are to be made available to the public
through dedication, assignment to the Government, or other such means as
the Director of the Federal Emergency Management Agency shall determine.
(c) Reports furnished the Government. All intermediate and final
reports of the research and development and studies conducted hereunder
shall indicate on the cover or other initial page that the research and
development and studies forming the basis for the report were conducted
pursuant to a contract with the Federal Emergency Management Agency.
Such reports are official Government property and may not be published
or reproduced (in toto, in verbatim excerpt, or in a form approximating
either of these) as an unofficial paper or article. The contractor or
technical personnel (each employee or consultant working under the
administrative direction of the contractor or any subcontractor
hereunder) may publish such reports in whole or in part in a
non-Government publication only in accordance with this paragraph (c)
and paragraph (e)(1) of this clause.
(d) Publication by Government. The Government shall have full right
to publish all information, data, and findings developed as a result of
the research and development and studies conducted hereunder.
(e) Publication by contractor on technical personnel.
(1) Publication in whole or in part of contractor's reports furnished
the Government. Unless such reports have been placed in the public
domain by Government publication, the contractor or technical personnel
(each employee or consultant working under the administrative direction
of the contractor or any subcontractor hereunder) may publish a report
furnished the Government, in toto or in verbatim excerpt, but consistent
with paragraph (c) of this clause may not secure copyright therein,
subject to the following conditions and the conditions in paragraph
(e)(4) and paragraph (f).
(i) During the first six months after submission of the full final
report, if written permission to publish is obtained from the
contracting officer.
(ii) After six months following submission of the full report, and if
paragraph (e)(3) is inapplicable, if a foreword or footnote in the
non-Government publication indicates the source of the verbatim
material.
(2) Publication, except vebatim excerpts, concerning or based in
whole or in part on results of research and development and studies
hereunder. The contractor or technical personnel may issue a
publication concerning or based in whole or in part on the results of
the research and development and studies conducted under this contract
and may secure copyright therein, but in so publishing is not authorized
thereby to inhibit the unrestricted right of the Director of the Federal
Emergency Management Agency to disclose or publish, in such manner as he
may deem to be in the public interest, the results of such research and
development and studies to the following conditions and the requirement
in paragraph (e)(4):
(i) During the first six months after submission of the full final
report, and if paragraph (e)(3) is inapplicable, if written waiver of
the waiting period is obtained from the contracting officer.
(ii) After six months following submission of the full final report,
and if paragraph (e)(3) is inapplicable, subject to Government exercise
of an option that the publication contain a foreword or initial footnote
substantially as follows:
The (research) (development) (studies) forming (part of) the basis
for this publication were conducted pursuant to a contract with the
Federal Emergency Management Agency. The substance of such (research)
(development) (studies) is dedicated to the public. The author and
publisher are solely responsible for the accuracy of statements or
interpretations contained therein.
(3) General conditions if FEMA determines that contractor's final
report contains patentable subject matter developed in contract
performance. If the contracting officer determines that the
contractor's full final report contains patentable subject matter
developed in the performance of this contract and so notifies the
contractor in writing prior to six months from date of submission of
such report, no publication of verbatim excerpts from contractor's
reports or publication concerning or based in whole or in part on the
results of the research and development and studies hereunder shall be
made without the written consent of the contracting officer.
(4) Copies of contractor and technical personnel publications to be
furnished the Government. The contractor or technical personnel will
furnish the contracting officer six copies of any publications which are
based in whole or in part on the results of the research and development
and studies conducted under this contract.
(f) Administratively confidential information. The contractor shall
not publish or otherwise disclose, except to the Government and except
matters of public record any information or data obtained hereunder from
private individuals, organizations, or public agencies in a publication
whereby the information or data furnished by any particular person or
establishment can be identified, except with the consent of such person
or establishment.
(g) Inclusion of provisions in contractor's agreements. The
contractor shall include provisions appropriate to effectuate the
purposes of this clause in all contracts of employment with persons who
perform any part of the research or development or study under this
contract and in any consultant's agreements or subcontracts involving
research or development or study thereunder.
48 CFR 4452.227-72 48 CFR Ch. 51 (10-1-92 Edition)
48 CFR 4452.227-72 Department of the Army
48 CFR 4452.227-72 CHAPTER 51 -- DEPARTMENT OF THE ARMY ACQUISITION REGULATIONS
48 CFR 4452.227-72 (Parts 5100 to 5199)
Part
Page
5108 Required sources of supplies and services
5119 Small business and small disadvantaged business concerns
5145 Government property
5152 Solicitations provisions and contract clauses
48 CFR 4452.227-72
48 CFR 4452.227-72 48 CFR Ch. 51 (10-1-92 Edition)
48 CFR 4452.227-72 Department of the Army
48 CFR 4452.227-72 PART 5108 -- REQUIRED SOURCES OF SUPPLIES AND
SERVICES
Authority: 5 U.S.C. 301, 10 U.S.C. 2202, DOD Directive 5000.35 and
DOD FAR Supplement 201.301.
48 CFR 5108.070 Definitions.
As used in this section:
Memorandum of Understanding Planned Producer means an industrial firm
which has indicated its willingness to produce specified military items
in a declared national emergency by completing a Memorandum of
Understanding with an accompanying Industrial Preparedness Program
Production Capacity Survey (DD Form 1519 TEST). The firm is eligible to
be solicited for all buys of the item(s) over $25,000 excluding
acquisitions for which competition is restricted to the Restricted
Specified Base or Limited Fee Planned Producers in accordance with an
approved Justification and Approval.
Limited Fee Planned Producer means an industrial firm which is
contractually bound by inclusion of AFARS 5152.208-9001 in their
contract to maintain production capacity for a negotiated length of
time, to conduct subcontractor planning, and to produce specified
military items in the event of a declared national emergency or in the
event of a declared national emergency or contingencies short of a
declared national emergency. The firm is eligible to be solicited for
all buys of the item(s) over $25,000 except acquisitions for which
competition is restricted to the Restricted Specified Base in accordance
with an approved Justification and Approval.
Restricted Specified Base Planned Producer means an industrial firm
which is contractually bound to maintain production capacity for a
negotiated length of time, to conduct subcontractor planning, and to
produce specified military items in the event of a declared national
emergency, or contingencies short of a declared national emergency. The
firm is eligible to be solicited for all buys of the item(s) over
$25,000.
(g)(1)(i) Solicitation of Memorandum of Understanding Planned
Producers in all acquisitions over $25,000 which are for items for which
they have been designated as a Memorandum of Understanding Planned
Producer except those restricted to the Restricted Specified Base
Planned Producers or Limited Fee Planned Producers in accordance with an
approved Justification and Approval.
(ii) Solicitation of Limited Fee Planned Producers in all
acquisitions over $25,000 which are for items for which they have been
designated as a Limited Fee Planned Producer, except those restricted to
the Restricted Specified Base.
(iii) Solicitation of Restricted Specified Base Planned Producers in
all acquisitions over $25,000 which are for items for which they have
been designated as a Restricted Specified Base Planned Producer.
(g)(4) The clause at 5152.208-9001 is to be used for all contracted
planning efforts.
(54 FR 38682, Sept. 20, 1989)
48 CFR 5108.070 PART 5119 -- SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS
48 CFR 5108.070 Subpart 5119.10 -- Small Business Competitiveness
Demonstration Program
Sec.
5119.1001 General.
5119.1002 Definitions.
5119.1003 Purpose.
5119.1004 Participating agencies.
5119.1005 Applicability.
5119.1070 Procedures.
5119.1070-2 Emerging small business set-aside.
5119.1070-3 Identification and reporting.
5119.1071 Solicitation provisions and contract clauses.
Authority: 5 U.S.C. 301, 10 U.S.C. 2202, DOD Directive 5000.35, FAR
1.301 and DOD FAR Supplement 201.301.
Source: 54 FR 15410, Apr. 18, 1989, unless otherwise noted.
48 CFR 5108.070 Subpart 5119.10 -- Small Business Competitiveness Demonstration Program
48 CFR 5119.1001 General.
This subpart implements Pub. L. 100-656, section 722, ''Expanding
Small Business Participation in Dredging'' (the Dredging Program). The
Program will be conducted through 30 September 1992.
48 CFR 5119.1002 Definitions.
(S-90) ''Emerging Small Business Reserve Amount'' (ESBRA) means the
dollar threshold for contracting opportunities in dredging, below which
competition shall be conducted exclusively among emerging small business
concerns. This amount is set forth in 5119.1070-2(a)(S-90).
48 CFR 5119.1003 Purpose.
(c)(S-90) The purpose of the Dredging Program is to --
(i) Expand small business and emerging small businesses (ESB)
participation in contracting opportunities for dredging through
restricted competition.
(ii) Demonstrate the existence of a sufficient number of small
businesses and ESBs which meet the current size standard for Standard
Industrial Code (SIC) Code 1629 (Dredging and Surface Cleanup
Activities) as an indicator of the adequacy of the current size
standard.
48 CFR 5119.1004 Participating agencies.
Participation in this Dredging Program is limited to the Department
of the Army, Corps of Engineers.
48 CFR 5119.1005 Applicability.
(S-90) The program shall apply to solicitations issued by the
Department of the Army Corps of Engineers buying activities for the
procurement of dredging under SIC 1629 (Dredging and Surface Cleanup
Activities), limited to Federal Procurement Data Systems (FPDS) codes
Y216 and Z216. This includes both maintenance dredging and new start
(new work) construction dredging. Dredging to be performed by
Government forces utilizing the Federally owned fleet pursuant to 33
U.S.C. 622 is not subject to the program.
5119.1070 Procedures.
48 CFR 5119.1070-2 Emerging small business set-aside.
(a)(S-90) Solicitations for dredging shall be set-aside for exclusive
competition among ESBs when the estimated award value is equal to or
less than the emerging small business reserve amount (ESBRA) of
$600,000. (Except that dredging acquisitions shall continue to be
considered for placement under the 8(a) program (see FAR subpart 19.8)
and for small disadvantaged business set-asides (see DFARS 219.502-72)).
The ESBRA applies only to new awards. Modifications or follow-on awards
to contracts having an initial award value in excess of the ESBRA are
not subject to this requirement. The set-aside requirements in DFARS
219.1070-2 (a) and (b) for designated industry groups acquisitions
valued at $25,000 or less shall be complied with for all dredging
program set-asides.
(S-90) The contracting office shall include the applicable SIC Code
and dollar size standard in the synopsis of proposed procurement as
published in the Commerce Business Daily (CBD), in the presolicitation
notice (construction contract) SF 1417 when issued, and in the
solicitation documents.
(S-91) The contracting officer shall consider use of the following
initiatives to increase participation by small businesses and emerging
small businesses:
(1) Specifying of contract requirements and contractual terms and
conditions which are conducive to competition among small business and
emerging small business concerns, consistent with the mission or program
requirements of the Department of the Army, Corp of Engineers.
(2) Encouraging joint ventures, teaming agreements, and similar
arrangements consistent with the Small Business Act (15 U.S.C. 637(d))
for the purpose of including small business concerns in contracting
opportunities. However, no such joint venture shall exceed the
applicable size standard.
(3) Making maximum use of subcontracting through plans negotiated and
enforced pursuant to section 8(d) of the small business act. Goals may
be specified in solicitations stating minimum percentages of
subcontracting.
48 CFR 5119.1070-3 Identification and reporting.
(b) Reporting shall be done in accordance with DFARS 204.6 designated
industry group requirements. Block B12A, DD Form 350, shall contain
either the FPDS Code Y216 or Z216, as applicable, per 5119.1005 (S-90).
48 CFR 5119.1071 Solicitation provisions and contract clauses.
(a) DFARS provision 252.219-7012 shall be inserted in all
solicitations issued under the Small Business Dredging Program (SIC
1629, limited to FPDS Service Codes Y216/Z216).
(b) DFARS clause 252.219-7013 shall be inserted in all solicitations
and contracts set-aside for emerging small businesses in accordance with
5119.1070-2(a)-(S-90).
48 CFR 5119.1071 PART 5145 -- GOVERNMENT PROPERTY
5145.301 Definitions.
5145.302-3 Other contracts.
5145.303 Providing material.
Authority: 5 U.S.C. 301, 10 U.S.C. 2202, DoD Directive 5000.35, and
DoD FAR Supplement 201.301.
Source: 54 FR 39538, Sept. 27, 1989, unless otherwise noted.
48 CFR 5145.301 Definitions.
Other Government Property means all property, other than Special Use
Property as defined below, which may be offered to a contractor for use
in performance of installation support services contracts.
Special Use Property means property that is (a) ''agency peculiar
property'', (b) necessary for mobilization requirements; or (c)
property for which it has been determined that title should remain with
the Government.