(2) Location were contract is to be performed.

(3) Contract number, including modification number if applicable.

(4) Brief description of the work or services to be performed.

(5) Performance period or delivery schedule.

(6) Amount of letter contract. (7) Performance period of letter contract.

(8) Estimated total amount of definitive contract.

(9) Type of definitive contract to be executed (fixed price, cost-plus-awardfee, etc.).

(10) Statement that definitive contract will contain all required clauses or that deviations therefrom have been approved.

(11) Statement as to the necessity and advantage to the Government of the use of the proposed letter contract, and that no other contract type is suitable.

(12) If a modification, date of letter contract approval and of execution.

(13) Statement as to the extent or degree of competition obtained during the preaward process leading up to the request for authority to issue subject letter contract. A statement shall also be included indicating the status of the "Justification for Other Than Full and Open Competition", in those instances when it is required under FAR Part 6 and award is contemplated prior to approval of thu justification for other than full and open competition.

(b) Profit or fee under letter contracts, shall not be paid until the contract has been definitized.

(c) In addition to the requirements set forth at FAR 16.603-2 (c) through (e) and FAR 16.603.4, the letter contract shall include:

(1) Signature of the contracting offi

cer.

(2) Provision for written acceptance by the contractor.

(3) Statement of work.

(4) Provision for delivery or performance schedule and balance of inspection and acceptance.

(5) Statement that no profit or fee shall be paid under the letter contract. (6) List of Government property and value, if the property is being provided

in sealed bid fixed-price contracts for vessel repair, alteration or conversion, and which are to be performed within the United States, its possessions, or Puerto Rico. Unless inappropriate, the clauses should also be included in negotiated contracts and contracts to be performed outside the United States. The Maritime Administration may deviate from these requirements, as appropriate, in accordance with 1201.103(b).

(b) The clause at 1252.217-81, Guarantee, shall be used where general guarantee provisions are deemed desirable by the contracting officer. When inspection and acceptance tests will afford full protection to the Government in ascertaining conformance to specifications and the absence of defects and deficiencies, no guarantee clause for that purpose shall be included in the contract. The customary guarantee period, to be inserted in the first sentence of the clause at 1252.217-81, Guarantee, is 60 days. However, in certain instances, the contracting officer may desire to include a clause in a contract for a guarantee period of more than 60 days. In such instances, and where, after full inquiry, it has been determined that such longer guarantee period will not involve increased costs, a longer guarantee period may be substituted for the usual 60 days. Where the full inquiry discloses that such longer guarantee period will involve, or is reasonably expected to involve, increased costs, such fact and the reason for the need for such longer period shall be set forth in letter form to the head of the contracting activity, requesting approval for use of guarantee period in excess of 60 days. Upon approval, the longer period may be inserted in the first sentence of the clause at 1252.217-81, Guarantee.

(c) The clause at 1252.217-70, Index for Specifications, shall be used when appropriate.

[52 FR 44540, Nov. 19, 1987, as amended at 53 FR 28400, July 28, 1988]

Subpart 1217.71-Shared Energy Savings Contracting

1217.7100 Policy.

Contracts for shared energy savings of up to 25 years in length are permitted under Title VIII of the National Energy Conservation Policy Act, as amended. Shared energy savings ar

rangements are appropriate where a contractor makes improvements and/ or operating changes to Federallyowned buildings and facilities to improve energy efficiency, at no cost to the Federal Government. Proposed actions under this section should be coordinated with the Office of Acquisition and Grant Management (M-60).

30-185 0-90-22

PART 1219-SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS

Sec.

Subpart 1219.2-Policies

1219.201 General policy. 1219.201-70 Director, Office of Small and Disadvantaged Business Utilization. 1219.201-71 Small and Disadvantaged Business Utilization Specialist.

Subpart 1219.5-Set-Asides for Small Business

1219.501 General.

1219.503 Setting aside a class of acquisitions.

1219.503-70 Class set-aside for construction.

Subpart 1219.6—Certificates of Competency and Determinations of Eligibility

1219.602 Procedures. 1219.602-1 Referral.

Subpart 1219.7—Subcontracting With Small Business and Small Disadvantaged Business Concerns

1219.705 Responsibilities of the contracting officer under the subcontracting assistance program.

1219.705-2 Determining the need for a subcontracting plan.

1219.705-6 Postaward responsibilities of the contracting officer.

1219.705-70 Synopsis of contracts containing Pub. L. 95-507 subcontracting plans and goals.

AUTHORITY: Sec. 205(C), Federal Property and Administrative Services Act, as amended (40 U.S.C. 486(c)). 48 CFR 1.301; 49 CFR 1.59.

SOURCE: 52 FR 44541, Nov. 19, 1987, unless otherwise noted.

Subpart 1219.2-Policies

1219.201 General policy.

The heads of the agencies shall be responsible for recommending goals for small, and small disadvantaged business utilization for programs under their cognizance. The recommended goals shall be developed in collaboration with the head of the contracting activity, program officials, the Small and Disadvantaged Business

Utilization Specialists (SDBUS) and shall take into account both past performance relative to such goals and the number, type, and dollar value of acquisitions projected for the ensuing fiscal year.

[52 FR 44541, Nov. 19, 1987, as amended at 53 FR 28400, July 28, 1988]

1219.201-70 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 Department in discussions with other Government agencies on small and small disadvantaged business matters.

1219.201-71 Small and Disadvantaged Business Utilization Specialist.

(a) SDBUSs shall be appointed by the heads of contracting activities. (b) The SDBUS shall perform the following duties, as appropriate:

(1) Maintain a program designed to locate capable small and small disadvantaged business sources for current and future acquisitions;

(2) Coordinate inquiries and requests for advice from small and small disadvantaged business concerns on acquisition matters;

(3) Review procurement requests to: (i) Assure that small business concerns will be afforded an equitable opportunity to compete;

(ii) As appropriate, initiate recommendations for small business setasides, (individual and class) or offers of requirements to the SBA for the 8(a) program;

(iii) Identify possible breakout of items or services suitable for acquisi