Subpart 1409.4-Debarment, 1409.400 Scope of subpart. As required by FAR 9.402(c), this subpart prescribes Departmental policies and procedures governing the debarment and suspension of contractors, the listing of the debarred and suspended contractors, and dissemination of this listing. 1409.404 Consolidated list of debarred, suspended and ineligible contractors. (a) The Division of Acquisition and Grants, Office of Acquisition and Property Management, is responsible for accomplishing the actions required in FAR 9.404(c). (b) Monthly issues of the consolidated list shall be disseminated by the heads of contracting activities to all contracting offices after receipt from GSA. (c) Weekly supplements to monthly lists shall be furnished to each bureau headquarters office by the Division of Acquisition and Grants, Office of Acquisition and Property Management. Each bureau shall maintain list supplements at a central location and issue instructions requiring contracting officers to contact this location in order to obtain current information and ensure effective use of the list as required by FAR 9.405. 1409.405 Effect of listing. The Director, Office of Acquisition and Property 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, Office of Acquisition and Property Management. 1409.405-1 Continuation of current con. tracts. The Director, Office of Acquisition and Property Management, is authorized to take action listed in FAR 9.4051. and referral. (a) Investigation Whenever a cause for debarment, as listed in FAR 9.406-2, becomes known to a Department employee, the matter shall be referred to the head of the contracting activity involved. The head of the contracting activity shall consult with the Office of the Solicitor and the Office of Inspector General, as appropriate, and submit a formal recommendation which documents the cause for debarment to the Director, Office of Acquisition and Property 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 Inspector General, as appropriate, the Director, Office of Acquisition and Property Management shall initiate proposed debarment by taking the actions listed in FAR 9.406-3(c) and advising the contractor of the Department's rules under this Subpart 1409.4. (c) Factfinding proceedings. For actions listed under FAR 9.406-3(b)(2), the Director, Office of Acquisition and Property Management shall afford the contractor the opportunity to appear at a hearing as required by FAR 9.4063(b)(2)(i). The hearing shall be conducted by the Director, Office of Acquisition and Property Management, or designee, and shall be held at a location convenient to the parties concerned as determined by the Director and on a date and time stated. Subject to the provisions of 43 CFR Part 1, 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 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, Office of Acquisition and Property Management shall make a decision on imposing debarment in accordance with the procedures in FAR 9.406-3(d) 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). 1409.407 Suspension. 1409.407-1 General. (a) The Director, Office of Acquisition and Property Management is the suspension official for the Department and is authorized to suspend a contractor for any of the causes in FAR 9.407-2, using the procedures in 1409.407-3. (b) The Director, Office of Acquisition and Property Management is authorized to make the statement regarding suspension by another agency suspending official under the conditions in FAR 9.407-1(d). 1409.407-3 Procedures. (a) Investigation and referral. Whenever a cause for suspension, as listed in FAR 9.407-2, becomes known to a Department employee, the matter shall be referred to the head of the contracting activity involved. The head of the contracting activity shall consult with the Office of the Solicitor and the Office of Inspector General, as appropriate, and submit a formal recommendation which documents the cause for suspension to the Director, Office of Acquisition and Property 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 In spector General, as appropriate, the Director, Office of Acquisition and Property Management shall initiate suspension by taking the actions listed in FAR 9.407-3(c) and advising the contractor of the Department's rules under this Subpart 1409.4. (c) Factfinding proceedings. For actions listed under FAR 9.407-3(b)(2), the Director, Office of Acquisition and Property Management shall afford the contractor the opportunity to appear at a hearing as required by FAR 9.4073(b)(2)(i). The hearing shall be conducted under the conditions in 1409.406-3(c). (d) Suspension decision. The Director, Office of Acquisition and Property 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 procedures in FAR 9.407-3(d)(4). 1410.004 Selecting specifications or descriptions for use. (a) In accordance with FAR 10.004(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 their 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 1410.004-70. in (c) Bureaus and offices shall be responsible for requiring adequate packing, packaging, and marking requirements when acquiring supplies in accordance with FAR 10.004(e). [49 FR 14257, Apr. 10, 1984] 1410.004-70 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) Solicitation requirements. (1) "Brand name or equal" purchase descriptions in solicitations shall identify salient characteristics of the product (see subparagraph (b)(2) of this 1410.004-70) 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, bidders/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 separately identified under the heading of "salient characteristics" and included in the purchase description contained in the solicitation so the bidder/offeror un derstands the information to be submitted when offering an “equal" product for evaluation. In addition, the following statement shall be included at the end of each "brand name equal" description in a solicitation for a bidder/offeror to identify its “equal" product: or Bidders/Offerors (select one) 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/proposing: Product name (if any): Product make, model, or catalog description: Bidders/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. (3) In addition, the provision at 1452.210-70, Brand Name or Equal— Department of the Interior, shall be inserted by the contracting officer in solicitations where a "brand name or equal" purchase description is used. [49 FR 14257, Apr. 10, 1984] Subpart 1413.4-Imprest Fund 1413.404 Conditions for use. The Department of the Treasury has approved for the Department dollar limits other than those in FAR 13.404(a) for small purchase transactions using imprest funds. Imprest funds may be used for small purchases when the transaction does not exceed $300 under normal conditions or $500 under emergency conditions. 1414.404 Rejection of bids. 1414.404-1 Cancellation of invitations after opening. 1414.406 Mistakes in bid. 1414.406-3 Other mistakes disclosed before award. 1414.407 Award. 1414.407-8 Protest against award. AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c), and 5 U.S.C. 301. Subpart 1414.4—Opening of Bids and Award of Contract 1414.404 Rejection of bids. [51 FR 41965, Nov. 20, 1986] 1414.404-1 Cancellation after opening. of invitations The chief of the contracting office is authorized to make the written determination in FAR 14.404-1(c). [51 FR 41965, Nov. 20, 1986] before award. disclosed (a) The Director, Office of Acquisition and Property Management is authorized to make the administrative determinations under FAR 14.406-3, except as set forth in (b) below. (b) If a bidder requests permission to withdraw a bid rather than correct it, and (1) the evidence is clear and convincing as to the mistake or (2) the evidence reasonably supports the existence of a mistake but is not clear and convincing, the chief of the contracting office is authorized to make a written determination permitting the bidder to withdraw the bid after review in accordance with bureau procedures and concurrence by the appropriate Office of the Solicitor. (See FAR 14.406-3 (c) and (e).) Copies of all |