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Subpart 5-1.6Debarred and curing service for a specific procurement

action only when a firm or individual is Ineligible Bidders

listed as debarred on the basis of $ 1SOURCE: The provisions of this Subpart 1.603(d). In such cases, the contract 5-1.6 appear at 26 F.R. 6199, July 11, 1961,

folder shall be documented to reflect the unless otherwise noted.

determination and the justification § 5-1.602 Establishment and mainte- therefor.

nance of a list of firms or individuals (b) Bids or proposals shall not be sodebarred or ineligible.

licited from concerns which have been (a) The Compliance Division shall es

found ineligible, as provided in § 1tablish and maintain a list of debarred

1.604(d), because they do not qualify as or ineligible firms and individuals pur

"manufacturers" or "regular dealers" suant to $ 1-1.602. This list shall be

within the meaning of section 1(a) of designated as the GSA Debarred Bid

the Walsh-Healey Public Contracts Act, ders List, and its use is mandatory on

if the procurement is estimated to exceed all GSA procuring activities.

$10,000 and is for the same materials, (b) (1) Publication of the GSA De

supplies, articles, or equipment with rebarred Bidders List shall be based, in the

spect to which the ineligibility extends. case of GSA administrative debarments

(c) When circumstances indicate that on determinations made by the service

a firm or individual is attempting to performing the debarment, or confirma

evade the prohibitions contained in tion of such determination by the Ad

§ 1-1.604 and this § 5-1.604, and the ministrator (or his designee), and, in the

contracting officer can establish idencase of statutory debarments, on appro

tity between the suspect bidder and a priate notification by the Comptroller

debarred firm or individual, he shall General, the Secretary of Labor or other

apply the basic prohibitions and forward debarring agency, or in the case of in

a statement of the circumstances to the eligibility due to violations of the non

Compliance Division. If the facts to discrimination provisions of contracts,

confirm a suspected evasion are not on appropriate notification by the Ex

available to the contracting officer, he ecutive Vice Chairman, President's Com

shall document the circumstances and mittee on Equal Employment Oppor

request the Compliance Division to intunity.

vestigate. If time permits, award should

be withheld pending receipt of the re126 F.R. 6199, July 11, 1961, as amended at 27 F.R. 7565, Aug. 1, 1962)

sults of the investigation. Suspicious

circumstances may include such actions § 5-1.603 Bases for debarment and in

as change of address, use of multiple adeligible list entry.

dresses, adoption of a new business name, All firms and individuals within the indications that a debarred firm or indicategories specified in § 1-1.603, and vidual has a controlling or active interest those which the Executive Vice Chair- in a new enterprise, etc. man of the President's Committee on (d) Bids shall not be invited, nor proEqual Employment Opportunity has de- posals solicited from firms or individuals clared ineligible (see Subpart 5-53.7), which have been found ineligible by the shall be placed on the GSA Debarred President's Committee on Equal EmployBidders List by the Compliance Division ment Opportunity because of violations as soon as official information is re

of the nondiscrimination provisions of ceived of debarment or ineligibility. Ad- Government contracts. ministrative debarments under § 1-1.603

(26 F.R. 6199, July 11, 1961, as amended at (d) are subject to determinations by GSA 27 F.R. 7565, Aug. 1, 1962) under § 5-1.606, pursuant to § 1-1.605.

§ 5-1.605 Causes and conditions appli(27 F.R. 7565, Aug. 1, 1962)

cable to determination of debarment § 5-1.604 Treatment to be accorded

by an executive agency. firms or individuals in debarred or

(a) Administrative debarments by ineligible status.

GSA shall be made by the Commissioner (a) A determination that an exception of the procuring service primarily conis essential to the public interest may be cerned in accordance with procedures made by the Commissioner of the pro- set forth in § 5-1.606.

(b) Debarment shall generally be § 5-1.606–53 Investigations. made for periods of not less than one

(a) When & procuring activity beyear and not more than three years,

comes suspicious of offenses or irregudepending on the seriousness of the

larities which might support debarment, offense.

a request for investigation shall be for[26 F.R. 6199, July 11, 1961, as amended at

warded to the Compliance Division with 27 F.R. 6143, June 29, 1962)

a statement of the pertinent circum§ 5-1.606 Agency procedure.

stances. § 5-1.606–50 GSA administrative de

(b) The Compliance Division shall barments.

make a thorough investigation of the

circumstances as expeditiously as posProcedures governing GSA adminis

sible, and shall report the results to the trative debarments are authorized by

service primarily concerned with a rec§ 1-1.603(d). An administrative debar

ommendation as to whether debarment ment is a final decision by GSA to debar

proceedings should be instituted. The and register the name of the debarred

files of the Compliance Division compiled firm or individual on the GSA Debarred

in support of such reports of investigaBidders List.

tion shall, upon request, be made avail$ 5–1.606-51 Debarment by other agen

able for review by the service primarily cies.

concerned. The Compliance Division shall review the bases for debarments made by other executive agencies for the purpose of § 5-1.606–54 Determination to debar. determining whether debarments as authorized by $ 1-1.605(a) (4), should be

The Commissioner of the service prirecommended.

marily concerned, after consultation (a) If debarment by the other agency

with legal counsel, shall determine

whether the facts are sufficient to warwas due to conviction for violation of law as set forth in § 1-1.605(a) (1) and

rant debarment. (2), or was due to a violation of the Buy American Act (41 U.S.C. 10(b)), the Compliance Division shall notify the § 5-1.606–55 Institution of debarment Commissioner primarily concerned, who proceedings. shall take immediate action to debar.

If a Commissioner decides to institute The ending of the period of debarment

debarment proceedings, he shall send a shall coincide with the date set by the

letter by certified mail (return receipt original debarment action.

requested) to the firm or individual pro(b) If debarment by the other agency

posed for debarment. The letter shall was for cause (a) (3) under $ 1-1.605,

summarize the facts on which the deand if warranted as a result of review,

barment is predicated, specify a reasonthe Compliance Division shall recom

able and definite period for the debarmend debarment to the Commissioner

ment, and advise that, unless a request primarily concerned.

for a hearing is received within 15 days § 5-1.606–52 Collection and evaluation from the date of receipt of such letter, of information.

the debarment will become effective The Compliance Division shall collect when the 15-day period has elapsed. and evaluate information, developed by

When debarment action is based on deGSA and other agencies or otherwise, to

barment by another agency, the firm or determine whether an alleged offense or

individual shall be so notified. However, irregularity falls within the causes listed

no hearing is required in such cases, purin § 1-1.605(a) (1), (2), and (3), and, if

suant to § 1-1.605(b) (4) and (6). The warranted, shall recommend to the ap

Compliance Division shall be notified of propriate Commissioner that debarment

this action. proceedings be initiated.

(27 F.R. 7565, Aug. 1, 1962)

§ 5-1.606–56 Hearings.

Hearings requested in connection with debarment proceedings shall be conducted before the Administrator or his designee, referred to in this § 5-1.606–56 as the reviewing authority. An opportunity shall be afforded to the firm or individual 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, the reviewing authority shall make a decision based on the facts on record and such additional evidence as may be furnished by the parties involved.

(a) The reviewing authority shall give notice of the date and place of hearing to the appropriate Commissioner and to the Office of General Counsel.

(b) Hearings shall be held by the reviewing authority within 30 days after the receipt of the request for a hearing. unless the reviewing authority considers that additional time should be granted.

(c) If a firm or individual who requested a hearing is determined by the reviewing authority to be responsible for any unreasonable delay in disposing of the matter, the reviewing authority shall authorize the Compliance Division to place such firm or individual on the GSA Debarred Bidders List pending final action by the reviewing authority. A copy of such notification shall be furnished to the Commissioner who initiated the debarment action.

(d) After consideration of the facts, the reviewing authority shall notify the firm or individual of the final decision. (27 F.R. 6143, June 29, 1962)

a hearing, or as the result of forfeiture of the right to be heard, the reviewing authority shall notify the firm or individual of the decision confirming the intended debarment, setting forth the period during which such debarment shall be effective. The period shall be equivalent to that originally imposed by the debarring Commissioner. If an intended debarment is not upheld by the reviewing authority, the reviewing authority shall so notify the firm or indi. vidual. Copies of such notification shall be furnished to the interested Commissioner, and to the Compliance Division for action to include the firm or individual in the GSA Debarred Bidders List or for retention without action, as appropriate. (27 F.R. 6143, June 29, 1962] § 5-1.606–58 Inquiries from debarred

or ineligible bidders. Inquiries presented by debarred or ineligible bidders shall be referred, without comment, to the Office of General Counsel. [27 F.R. 7566, Aug. 1, 1962) § 5-1.607 General Services Administra.

tion responsibility. (27 F.R. 6143, June 29, 1962) § 5-1.607-51 Consolidated List of Ad

ministrative Debarments by Execu

tive Agencies. (a) The Compliance Division compiles and arranges for the distribution of the Consolidated List of Administrative Debarments by Executive Agencies, and provides necessary related background material to other agencies, as set forth in § 1-1.607, under Reports Control Symbol AA-5.

(b) Notices issued by other agencies and furnished to GSA in accordance with $ 1-1.606(C) are collected, processed, and disseminated by the Compliance Division as set forth in § 1-1.606(e) and § 1-1.607. (27 F.R. 6143, June 29, 1962)

§ 5-1.606–57 Notice of final decision in

debarment proceedings. When an intended debarment is upheld by the Administrator or his designee, referred to in this § 5-1.606–57 as the reviewing authority, as the result of

Subpart 5-1.7—Small Business

Concerns SOURCE: The provisions of this Subpart 5-1.7 appear at 28 F.R. 6541, June 26, 1963. § 5-1.700 General.

This subpart implements and supplements FPR 1-1.7 by setting forth the GSA small business program and assigning responsibility for its implementation, evaluation, and administration. The GSA small business program applies to all procurement activities of GSA. $ 5–1.702 Small business policies.

It is the policy of GSA to carry out, to the maximum extent, the small business policy expressed in the Federal Property and Administrative Services Act of 1949 and the Small Business Act, that a fair proportion of Government contracts be placed with small business concerns. § 5-1.704 Agency program

direction and operations. § 5-1.704-1 Program direction.

(a) The Office of the Assistant Administrator is responsible for the overall administration of the GSA small business program.

(b) The legislative, public information, and business services aspects of the GSA small business program shall be carried out under the direction of the Office of the Assistant Administrator, in coordination with the Central Office operating services.

(c) The procurement and contracting aspects of this program shall be carried out under the direction of Central Office operating services.

(d) Field implementation of the public information and business services aspects of the program shall be effected by the regional Business Service Centers, under the technical direction and guidance of the Office of the Assistant Administrator, and under the direct administrative and operational control of the Regional Administrators. § 5-1.704–2 Program operations.

(a) Each procuring activity and each Business Service Center shall use its best efforts to identify commodities and services where a potential exists for increasing the small business share of contract awards. Business Service Centers and contracting offices shall cooperate in de

veloping effective methods for identifying such categories.

(b) Each procuring activity shall arrange for the making of small business set-asides in accordance with the procedures contained in § 1-1.706.

(c) Each Business Service Center shall keep all other Business Service Centers and the Director of Business Services and Small Business continuously informed on a timely basis as to the commodities and services identified under paragraph (a) of this section.

(d) Each Business Service Center, with respect to the commodities and services identified under paragraph (a) of this section, and with respect to small business concerns doing business in such commodities and services in their regional areas, shall:

(1) Take appropriate actions to publicize advance and current information about regional and national GSA business opportunities to the maximum extent feasible.

(2) Provide maximum advance and current information, assistance, and counseling of such nature, extent, and timeliness as to enable small business concerns to take full advantage of the available GSA business opportunities and to compete for contracts.

(3) Develop and conduct public information and business relation techniques designed to obtain maximum interest and participation of small business concerns. Such activity shall include, but not be limited to, the following:

(i) Arranging for and participating in meetings with business groups such as Chambers of Commerce, trade associations and similar organizations, State development corporations, Governors' and Mayors' advisory groups, local business and civic organizations, and small business councils.

(ii) Developing, preparing, and distributing informational material designed to stimulate interest on the part of trade publications and the local press, and other media.

§ 5-1.705–3 Screening of procurements.

(a) Individual set-asides. Where SBA representatives are not available to screen proposed procurements and to initiate joint small business set-asides, unilateral small business set-asides shall be made by the contracting officer as appropriate.

or

(b) Class set-asides. Class set-asides may be entered into jointly with SBA representatives for any group, type, or category of items. Joint class set-asides shall be effective until revoked amended by agreement between the procuring activity and the SBA representative. Contracting officers shall review each joint class set-aside periodically, and initiate action for its extension, amendment, or revocation based on operating experience. When SBA representatives are not available, procuring activities shall periodically review individual set-asides made unilaterally pursuant to paragraph (a) of this section, and other appropriate procurements to develop recommendations for class set-asides. SBA representatives shall be requested to visit the procuring activity (or the data shall be forwarded to the SBA) for the purpose of initiating joint class set-asides as appropriate.

(c) Contracts for construction, alteration, maintenance, and repair. An understanding has been reached with the Small Business Administration under which it is agreed that the Small Business Administration has initiated a joint set-aside for small business on each proposed contract for new construction, alteration, maintenance, or repair having an estimated value from $2,500 up to $500,000. When in the judgment of the contracting officer a particular contract falling within these dollar limits is determined unsuitable for a set-aside for exclusive small business participation, he shall notify the appropriate SBA representative of this decision. Unless SBA appeals the decision, pursuant to the provisions of § 1-1.706–2, the contracting officer shall proceed to process the procurement on an unrestricted basis. Proposed contracts for construction, alteration, maintenance, and repair having an estimated value of more than $500,000 shall be handled on a caseby-case basis pursuant to § 1-1.705–3(a). $ 5–1.706 Procurement set-asides for

small business. § 5-1.706–1 General.

(a) Where a small business set-aside is feasible under Subpart 1-1.7, such setaside shall be made unless a labor surplus area set-aside is required by Subpart 1-1.8.

(b) When a total or partial small business set-aside is made, a statement

to that effect shall be placed on the face of the invitation for bids. In this regard, the following statements are recommended for use, as appropriate:

(1) Notice of total small business setaside applies to all items of this invitation.

(2) Notice of total small business setaside applies to items - through in this invitation.

(3) The attached notice of partial small business set-aside (GSA Form 1773) applies to all items in this invitation. The form requires certain information to be furnished by the bidder.

(4) The attached notice of partial small business set-aside (GSA Form 1773) applies to items through

in this invitation. The form requires certain information to be furnished by the bidder.

(5) Notice of total small business setaside applies to items through and the attached notice of partial small business set-aside (GSA Form 1773) applies to items

through ------ in this invitation. The form requires certain 10formation to be furnished by the bidder.

(c) By agreement with SBA, joint setaside determinations shall be documented on SBA Form 70, Joint Set-Aside for Small Business, or on SBA Form 412, Joint Class Set-Aside for Small Business, as appropriate. When unilateral setasides are made on individual procurements, this fact will be noted in the procurement case file (see § 1-3.201(c) (2)).

$ 5–1.706–6 Partial set-asides.

(a) The short-form notice of partial small business set-aside prescribed in FPR 1-1, 706–6(c) is printed on GSA Form 1773, Notice of Partial Small Business Set-Aside, together with spaces for each bidder to provide certain information required by the notice. When this short-form notice is used, GSA Form 1773 shall be made a part of invitations for bids and requests for proposals by means of a statement substantially as set forth in § 5-1.706–1(b).

(b) Where the short-form notice has been used and bids or offers are received which appear designed to take unfair advantage of other bidders, by devices such as unrealistically low bids on mere token quantities, the matter shall be referred to the head of the procuring activity in the Central Office for resolution.

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