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as subcontractors and suppliers to contractors performing work or rendering services as prime contractors or subcontractors under Government procurement contracts.
§ 1-1.1310-2 Required clauses.
(a) The Utilization of Minority Business Enterprises clause set forth in this § 1-1.1310-2(a) shall be included in all contracts in amounts which may exceed $10,000 except (1) contracts which, including all subcontracts thereunder, are to be performed entirely outside the United States, its possessions, and Puerto Rico, and (2) contracts for services which are personal in nature.
UTILIZATION OF MINORITY BUSINESS
ENTERPRISES (a) It is the policy of the Government that minority business enterprises shall have the maximum practicable opportunity to par. ticipate in the performance of Government contracts.
(b) The Contractor agrees to use his best efforts to carry out this policy in the award of his subcontracts to the fullest extent consistent with the efficient performance of this contract. As used in this contract, the term “minority business enterprise" means a business, at least 50 percent of which is owned by minority group members or, in case of publicly owned businesses, at least 51 percent of the stock of which is owned by minority group members. For the purposes of this definition, minority group members are Negroes, Spanish-speaking American persons, American-Orientals, American-Indians, American-Eskimos, and American Aleuts. Contractors may rely on written rep. resentations by subcontractors regarding their status as minority business enterprises in lieu of an independent investigation.
(b) The Minority Business Enter prises Subcontracting Program clause set forth in this § 1-1.1310-2(b) shall be included in all contracts which may exceed $500,000 which contain the clause required by § 1-1.1310-2(a), and which, in the opinion of the procuring activity, offer substantial subcontracting possibilities. Furthermore, prime contractors who are to be awarded contracts which may not exceed $500,000, but which, in the opinion of the procuring activity, offer substantial subcontracting possibilities shall be urged to accept this clause.
MINORITY BUSINESS ENTERPRISES
SUBCONTRACTING PROGRAM (a) The Contractor agrees to establish and conduct a program which will enable minority business enterprises (as defined in the clause entitled "Utilization of Minority Business Enterprises") to be considered fairly as subcontractors and suppliers under this contract. In this connection, the Contractor shall
(1) Designate a liaison officer who will administer the Contractor's minority business enterprises program.
(2) Provide adequate and timely consideration of the potentialities of known minority business enterprises in all “make-or-buy" decisions.
(3) Assure that known minority business enterprises will have an equitable opportunity to complete for subcontracts, particularly by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation of minority business enterprises.
(4) Maintain records showing (i) procedures which have been adopted to comply with the policies set forth in this clause, including the establishment of a source list of minority business enterprises, (ii) awards to minority business enterprises on the source list, and (iii) specific efforts to identify and award contracts to minority business enterprises.
(5) Include the Utilization of Minority Business Enterprises clause in subcontracts which offer substantial minority business enterprises subcontracting opportunities.
(6) Cooperate with the Contracting Offi. cer in any studies and surveys of the Contractor's minority business enterprises procedures and practices that the Contracting Officer may from time to time conduct.
(7) Submit periodic reports of subcontracting to known minority business enterprises with respect to the records referred to in subparagraph (4), above, in such form and manner and at such time (not more often than quarterly) as the Contracting Officer may prescribe.
(b) The Contractor further agrees to insert, in any subcontract hereunder which may exceed $500,000, provisions which shall conform substantially to the language of this clause, including this paragraph (b), and to notify the Contracting Officer of the names of such subcontractors. [36 FR 17509, Sept. 1, 1971, as amended at 40 FR 44138, Sept. 25, 1975)
(b) "Line item" means a procureSubpart 1-1.14—[Reserved)
ment item (as defined in § 1-1.220)
specified in an invitation for bids Subpart 1-1.15—(Reserved)
which, under the terms of the invita
tion, is susceptible to a separate conSubpart 1-1.16—Reports of Identical tract award. Bids
(c) “Bid value” means the dollar
amount computed by multiplying the § 1-1.1601 General.
line item quantity specified in the invi.
tation for bids by the lowest unit price (a) This Subpart 1-1.16, developed
bid for the line item. Where a line cooperatively with the Department of
item quantity is not specified in the inJustice, prescribes procedures for sub
vitation, as in the case of requirements mitting reports to the Attorney Gen
type or indefinite quantity type coneral in accordance with Executive
tracts, the bid value of the line item is Order No. 10936 of April 24, 1961 (3
the dollar amount computed by multiCFR, 1959-1963 Comp., pp. 466-468),
plying the estimated line item quantiwhen identical bids are received in ty by the lowest unit price bid for the connection with the procurement of line item. personal property or nonpersonal seryices (including construction).
§ 1-1.1603 Reporting requirements. (b) The purpose of the Executive order is to discourage identical bid. § 1-1.1603-1 Cases to be reported. ding; to reduce the costs of the Gov. (a) A report shall be submitted by ernment; to aid in the enforcement of executive agencies to the Attorney the antitrust laws and the mainte- General as provided in this § 1-1.1603 nance of a competitive economy; and whenever (1) the total bid value of all to provide the Attorney General such line items covered by an invitation for information as may tend to establish bids issued under formal advertising the presence of a conspiracy in re procedures, or under small business restraint of trade and which may war- stricted advertising procedures (see rant further investigation with a view $ 1-1.701-9), exceeds $10,000, and (2) to preferring civil or criminal charges. identical bids have been received on at
(c) The reports required by this sub- least one line item having a bid value part are in addition to and are not to of more than $10,000. However, a be considered as satisfying the require report will not be submitted where ments of Subpart 1-1.9 for reporting bids are received only from foreign cases of possible antitrust law viola sources in response to invitations for tions to the Attorney General.
bids requiring delivery and perform
ance outside the United States, its pos§ 1-1.1602 Definitions.
sessions, and the Commonwealth of As used in this Subpart 1-1.16, the
Puerto Rico. following terms shall have the mean
(b) Reports are required on reportaings set forth:
ble identical bids regardless of wheth(a) "Identical bids" means two or
er an award is made on the line item, more bids for the same line item
the invitation is canceled, or some which:
other disposition is made after bid (1) Are identical on their face (disre.
opening. Line items on which identical
bids are received are not reportable if garding the application of evaluation factors such as discount and transpor
the bid value of the line item is
$10,000 or less. Likewise, line items on tation cost) as to unit price or total
which no identical bids are received line item amount; or (2) Are found, in the normal process
are not reportable. of evaluating bids for award, to be (40 FR 44138, Sept. 25, 1975) identical as to unit price or total line item amount. (Line item evaluation § 1-1.1603-2 Preparation of reports computations beyond those normally (a) Identical bid reports shall be made to determine the low acceptable made on U.S. Department of Justice bidder are not required.)
Form DJ-1500, Identical Bid Report
· Procurement (for illustration of 2 form, see $ 1-16.903-DJ1500). rm DJ-1500 is available in pads of ) at General Services Administran supply depots (Federal Stock No. 10-823-7870). Instructions for filling
the form are printed on the cover each pad of forms. b) All bids on each line item on ich reportable identical bids are reved shall be shown on the report jether or not the identical bids were e low bids. -1.1603-3 Submission of reports. a) Identical bid reports shall be sent
the Attorney General within 20 ys following the disposition of all is received in response to the invitain for bids, whether by the awarding
one or more contracts or other tion. b) Two completed copies of each entical bid report, together with one py of the invitation for bids and one py of the completed abstract of bids, all be sent to the Attorney General, ef. AT-IBR, Washington, D.C. 20530. hen the number of line items on an vitation exceeds 100, a copy of the astract of bids need not be furnished. | such cases, however, the identical d report shall be annotated to indite the number of line items and the imber of bidders on the invitation. (c) A copy of each identical bid port shall be retained by the reportg activity.
dures where it is estimated that the total bid value of all line items covered by the invitation may exceed $10,000:
PARENT COMPANY AND EMPLOYER
IDENTIFICATION NUMBER Each bidder shall furnish the following information by filling in the appropriate blocks:
(a) Is the bidder owned or controlled by a parent company as described below? Yes [ ] Noc)
(For the purpose of this bid, a parent company is defined as one which either owns or controls the activities and basic business policies of the bidder. To own another company means the parent company must own at least a majority (more than 50 percent) of the voting rights in that company. To control another company, such ownership is not required; if another company is able to formulate, determine, or veto basic business policy decisions of the bidder, such other company is considered the parent company of the bidder. This control may be exercised through the use of dominant minority voting rights, use of proxy voting, contractual arrangements, or otherwise.)
(b) If the answer to (a) above is “Yes," bidder shall insert in the space below the name and main office address of the parent company. (Name)-(Address)
(c) Bidder shall insert in the applicable space below, if he has no parent company, his own employer's identification number E.I. No.) (Federal social security number used on employer's quarterly Federal tax return, U.S. Treasury Department Form 941), or, if he has a parent company, the E.I. No. of his parent company.
Bidder's E.I. No.---
1-1.1604 Supplemental requests by At
torney General. The Attorney General may, from me to time, request such supplemenal information with respect to identiil bid reports submitted to him as he lay deem necessary for effective enorcement of antitrust laws. 1-1.1605 Information to be obtained
from bidders. 1-1.1605–1 Invitation for bids provision.
A provision substantially as follows hall be inserted in all invitations for ids for the procurement of personal roperty or nonpersonal services (inluding construction) under either ormal advertising procedures or small jusiness restricted advertising proce
§ 1-1.1605-2 Failure to provide informa
tion. (a) If a bid does not contain the information called for by the invitation for bids provision in § 1-1.1605-1 and an identical bid report is required under § 1-1.1603-1, one inquiry shall be made of the bidder in an effort to obtain the information. If the information is not available after inquiry, the identical bid report shall be annotated so to indicate.
(b) Failure to provide information concerning employer identification number or parent company relationship shall not be considered a basis for rejection of bids.
Subpart 1-1.18—Postaward Orientation of Contractors
SOURCE: Subpart 1-1.18 appears at 31 FR 12437, Sept. 20, 1966, unless otherwise noted.
§ 1-1.1800 Scope of subpart.
The subpart prescribes policies and procedures regarding the postaward orientation of contractors performing contracts and subcontracts for supplies and services (except construction),
§ 1-1.1801 (Reserved]
§ 1-1.1802 Policy.
(a) When it is determined after contract award that the contractor does not or may not have a clear understanding of the scope of the contract, of its technical requirements, or of the rights and obligations of the parties, postaward orientation conferences may be employed (see § 1-1.1803) in order to clarify these matters. Where less complex contracts are involved, simpler means may be used, such as a letter to the contractor (see $ 11.1806). Postaward orientation of subcontractors also may be employed (see § 1-1.1804).
(b) However, a postaward orientation conference may not be used in substitution for affirmative preaward determinations as to a bidder's responsibility, e.g., as to his willingness and ability to comply with the equal employment opportunity requirements. (31 FR 12437, Sept. 20, 1966, as amended at 36 FR 17421, Aug. 31, 1971)
(c) End use of the item or servic particularly its relation to critical pre grams;
(d) Urgency of the delivery schedul
(e) Length of the planned produ tion cycle;
(f) Past performance of the contra tor;
(g) Procurement history of the iter or service;
(h) Type and value of the contract;
(i) Requirements for spare parts d related equipment;
(j) Contractor's experience with th agency's contracts, or with the item d service being procured;
(k) Extent of subcontracting; and
(1) Safety precautions required fa hazardous materials or operations. $ 1-1.1803-2 Initial action.
(a) The need for a postaward orien tation conference normally will be es tablished by the contracting officer a the head of the office in charge a contract administration as a result a substantive review and analysis of th contract and related reports. It is de sirable for interested Government per sonnel to hold a meeting prior to th conference to assure that an appropri ate and coordinated Government posi tion is developed regarding indicate questions and problems.
(b) An orientation conference shoul be held, as soon as possible after th contract award, when analysis of th contract or other information indi cates that existing or potential prob lems may adversely affect the per formance of the contract. The officia who determines that a postaward ori entation conference is needed shoul normally make all necessary arrange ments to:
(1) Conduct a preliminary meetin of Government personnel;
(2) Establish the time and place o the orientation conference;
(3) Prepare an agenda or checklist; (4) Notify all participants;
(5) Designate a conference chairmar (this should be the contracting office if he will be a participant); and
(6) Prepare a summary report of the conference, when necessary. When the contracting officer initiates the re quest for a conference, the arrange ments referred to in this paragraph
81-1.1803 Postaward orientation confer
§ 1-1.1803–1 Factors.
In selecting contracts for postaward orientation, the selection should include consideration of the following factors:
(a) Nature and extent of the preaward survey and any prior discussions had with the contractor;
(b) Technical complexity of the item or service;
may be made by him or, at his request, nel to be in the best interest of the by the office in charge of administra- Government, the chairman should emtion.
phasize that the conference is not
being held for the purpose of changing § 1-1.1803-3 Agenda.
the contract. Where the contracting The agenda of or checklist for an officer participates in the conference, orientation conference may include he may make commitments or give disuch matters as:
rections within the scope of his au(a) Special contractual provisions; thority and he should, to the extent
(b) Clarification of specifications necessary, reduce to writing and sign and other work requirements;
any such commitments or directions. (c) Production planning;
Participants who are without authori(d) Furnishing and control of Gov. ty to bind the Government contracernment property;
tually should not take actions which (e) Billing and payment procedures; may give the contractor the impres(f) Reporting requirements;
sion that the provisions of the con(g) Processing of engineering tract are being altered. However, such changes and change orders;
participants, subject to any limitations (h) Quality control and testing re placed upon their authority, may proquirements;
vide information and guidance to ex(i) Requirements for spare parts or plain existing provisions and requirerelated equipment;
ments of the contract. Where a sum(j) Packaging and shipping;
mary report of the conference is to be (k) Subcontract consent;
prepared, the report should cover such (1) Prime contractor responsibility matters as are set forth in § 1-1.1805. for subcontracts;
(m) Allowability of cost determina $ 1-1.1804 Subcontract conferences. tions;
The prime contractor is generally re(n) Incentive features;
sponsible for conducting any necessary (0) Security requirements;
postaward orientation conferences (p) Progress target dates; and
with subcontractors. However, in ex(q) Major problem areas or other ap ceptional cases involving subcontractpropriate topics.
ed items or services which are techni
cally complex the prime contractor § 1-1.1803-4 Participants.
may invite the Government to particiIt is essential that all parties in pate in a conference or the Governvolved in the execution, administra- ment may request the prime contraction, and performance of a Govern- tor to initiate such a conference with ment contract have a clear and mutual the subcontractor. Representatives understanding of the scope of the con from the Government office in charge tract, the technical requirements, and of administration of the prime conthe rights and obligations of the par tract and subcontracts thereunder, ties. Participants in a postaward orien should be included as participants. tation conference may include, as ap Government participants in such conpropriate, the contracting officer, rep- ferences should give due regard to the resentatives from the contracting lack of contractual privity (normally office and from the office in charge of none exists) between the Government administration, other interested Gov. and subcontractors. Accordingly, they ernment personnel, and the contrac should not make commitments, give tor's representatives.
directions, or take any actions which
change or are inconsistent with the § 1-1.1803-5 Conference procedure.
provisions of the subcontract. The conference shall be conducted by the designated Government chair
§ 1-1.1805 Reports. man, normally the contracting officer Summary reports of conferences if he is a participant. Unless a specific should be prepared as provided by contract change has been agreed to by agency procedures. Such reports the contracting officer at the prelimi should cover the significant items disnary meeting of Government person cussed, including areas requiring reso