Code of Federal Regulations: Containing a Codification of Documents of ...

tivity which may not exceed $50,000, but which contain the clause required by paragraph (b)(1) of this section and which, in the opinion of the procuring activity, offer substantial opportunities for Indian employment, training and subcontracting.

(1) "Indian" means a person who is a member of an Indian Tribe. If the contractor has reason to doubt that a person seeking employment preference is an Indian, the contractor shall grant the preference but shall require the individual within thirty (30) days to provide evidence from the Tribe concerned that the person is a member of that Tribe.

(2) "Indian Tribe" means an Indian Tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C. 1601) which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

(3) "Indian organization" means the governing body of any Indian Tribe or entity established or recognized by such governing body in accordance with the Indian Financing Act of 1974 (88 Stat. 77; 25 U.S.C. 1451).

(4) "Indian-owned economic enterprise" means any Indian-owned commercial, industrial, or business activity established or organized for the purpose of profit provided that such Indian ownership shall constitute not less than 51 percent of the enterprise.

(5) "Indian reservation" includes Indian reservations, public domain Indian allotments, former Indian reservations in Oklahoma, and land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act, (85 Stat. 688; 43 U.S.C. 1601 et seq.).

(6) "On or near an Indian reservation" means on a reservation or the distance within that area surrounding an Indian reservation(s) that a person seeking employment could reasonably

be expected to commute to and from in the course of a work day.

(d) Compliance enforcement. (1) The procuring activity concerned shall be responsible for conducting periodic reviews to insure contractor compliance with the requirements of the clauses set forth in §§ 14-7.5002 and 14-7.5003 of this chapter. These reviews may be conducted with the assistance of the Indian Tribe(s) concerned.

(2) Complaints of non-compliance with the requirements of the clauses set forth in §§ 14-7.5002 and 14-7.5003 of this chapter which are filed in writing with the procuring activity shall be promptly investigated and resolved by the contracting officer.

(e) Tribal preference requirements. (1) Where the work under a contract is to be performed on an Indian reservation, the procuring activity may supplement the clause set forth in § 147.5003 of this chapter by adding specific Indian preference requirements of the Tribe on whose reservation the work is to be performed. The supplemental requirements shall be jointly developed for the contract by the procuring activity and the Tribe. Supplemental preference requirements must represent a further implementation of the requirements of section 7(b) of Pub. L. 93-638 and must be approved by the Office of the Solicitor for legal sufficiency before being added to a solicitation and resultant contract. Any supplemental preference requirements to be added to the clause in § 14-7.5003 of this chapter shall be included in the solicitation and clearly identified in order to ensure uniform understanding of the additional requirements by all prospective bidders or offerors.

(2) Nothing in these regulations shall be interpreted to preclude Tribes from independently developing and enforcing their own tribal preference requirements. Such independently developed tribal preference requirements shall not, except as provided in § 141.354(e)(1) of this section, become a requirement in contracts covered under this section and must not hinder the Government's right to award contracts and to administer their provisions. (5 U.S.C. 301)

[44 FR 62513, Oct. 31, 1979]

Subpart 14-1.4-Procurement Responsibility and Authority

§ 14-1.402 Authority of contracting offi

cers.

(a) Redelegation to Assistant Secretaries. The authority of the Secretary with respect to all matters relating to procurement of personal property and nonpersonal services (including construction) has been redelegated to the Assistant Secretaries under Part 205, Chapter 11 of the Departmental Manual (205 DM 11). Each Assistant Secretary is responsible for providing oversight and direction and for ensuring compliance with the provisions of this Subpart 14-1.4.

(b) Redelegation to the heads of bureaus and offices. Assistant Secretaries have redelegated their procurement authority to the heads of bureaus and offices subject to limitations prescribed in Part 200 of the Departmental Manual. Redelegation of authority to individual contracting officers by the heads of the procuring activities is subject to any limitations prescribed in Part 200 of the Departmental Manual, the requirements of FPR Subpart 1-1.4, and the requirements of this Subpart 14-1.4.

[46 FR 49865, Oct. 8, 1981]

§ 14-1.404 Selection, designation, and termination of contracting officers.

Contracting officers shall be selected, designated as such, and this designation terminated as provided in FPR 1-1.404 and the Contracting Officers' Warrant System Manual, copies of which may be obtained from the Office of Acquisition and Property Management, U.S. Department of the Interior, 18th and C Streets, N.W., Washington, D.C. 20240. Designation of contracting officers shall be accomplished by delegation of authority to individuals who meet the qualifications set forth in the Contracting Officers' Warrant System Manual.

[46 FR 49865, Oct. 8, 1981]

§ 14-1.603 Treatment to be accorded firms or individuals in debarred, suspended, or ineligible status.

(a) Administration of current contracts in all phases may be continued, and payment of funds due may be made, notwithstanding the listing of a contractor, unless otherwise directed by the Assistant Secretary-Policy, Budget and Administration. The Assistant Secretary-Policy, Budget and Administration, when he considers it in the public interest, may approve the award of a contract to a firm or individual debarred or suspended when such approval is requested by the head of a bureau or office.

(5 U.S.C. 301)

[43 FR 39378, Sept. 5, 1978, as amended at 46 FR 7985, Jan. 26, 1981]

§ 14-1.604 Causes and conditions applicable to determination of debarment by an executive agency.

(a) Debarment for any of the causes set forth in § 1-1.604(a) of this title shall be made only by the Assistant Secretary-Policy, Budget and Admin

istration. Whenever cause for debarment becomes known to the head of a bureau or office or a contracting officer thereof, the matter shall be submitted with the recommendations of the head of the bureau or office to the Assistant Secretary-Policy, Budget and Administration for appropriate action.

(b) The removal or extension of a debarment as set forth in § 1-1.604(c) of this title shall be made only by the Assistant Secretary-Policy, Budget and Administration.

(5 U.S.C. 301)

[43 FR 39378, Sept. 5, 1978]

§ 14-1.604-1 Procedural requirements relating to the imposition of debarment. (a) The Assistant Secretary-Policy, Budget, and Administration, in seeking to debar a firm or individual (or any affiliate thereof) for a cause, shall furnish that party with a written notice of intent to debar, sent by registered mail:

(1) Setting forth the reasons for the proposed debarment;

(2) Giving the party an opportunity to submit evidence, within thirty (30) calendar days after receipt of the notice of intent to debar; and

(3) Advising that the party will be accorded a hearing if requested.

(b) Whatever response is received to the notice of intent to debar will be considered in determining whether debarment action will be made on the information available. Where a reply is received to the notice of intent to debar and evidence to refute debarment action is furnished but no hearing is requested, the information furnished will be considered in determining the action to be taken.

(c) If a hearing is requested, it shall be conducted by the Assistant Secretary-Policy, Budget, and Administration or his designee. The hearing will be held at a location convenient to the parties concerned as determined by the Assistant Secretary-Policy, Budget, and Administration and on a date and at a time stated. Subject to the provisions of 43 CFR Part 1, the firm or individual against whom the debarment action is taken may be represented by a duly authorized representative. Witnesses may be called to

testify by either party. The hearing 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 hearing. A transcript of the hearing will be made and one copy will be furnished free to the party sought to be debarred.

(d) From the record established by the hearing, or if no hearing is held, upon the information submitted by the parties, the Assistant SecretaryPolicy, Budget, and Administration shall determine whether debarment should be effected or the matter dismissed. The Assistant Secretary— Policy, Budget, and Administration shall advise the firm or individual in writing of this final decision within a reasonable time after the hearing is concluded. The notice imposing debarment will be sent by certified mail, return receipt requested. It will set forth the scope and period of the debarment together with the reasons for the debarment. The imposition of debarment upon a firm or an individual shall be final and conclusive except that the party debarred may seek relief in a court of competent jurisdiction.

(5 U.S.C. 301)

[46 FR 7985, Jan. 26, 1981]

§ 14-1.605 Suspension of bidders.

(5 U.S.C. 301)

[43 FR 39378, Sept. 5, 1978]

§ 14-1.605-1 Causes and conditions under which executive agencies may suspend contractors.

(a) All actions required by § 1-1.6051 of this title shall be taken by the Assistant Secretary-Policy, Budget and Administration.

(5 U.S.C. 301)

[43 FR 39378, Sept. 5, 1978]

§ 14-1.605-4 Notice of suspension.

(a) All actions required by § 1-1.6054 of this title shall be taken by the Assistant Secretary-Policy, Budget and Administration.

(5 U.S.C. 301)

[43 FR 39378, Sept. 5, 1978]

§ 14-1.606 Agency procedure.

(a) When in his opinion the facts warrant debarment or suspension, the head of the bureau or office concerned will submit the following to the Assistant Secretary-Policy, Budget and Administration for appropriate action:

(1) The recommendation for debarment or suspension with a statement of the causes or conditions as set forth in §§ 1-1.604 and 1-1.605-1 of this title, (2) The suggested term of debarment or suspension, and

(3) All other documentary evidence to support the recommendation.

(5 U.S.C. 301)

[35 FR 225, Jan. 7, 1970, as amended at 43 FR 39378, Sept. 5, 1978]

Subpart 14-1.7-Small Business Concerns

§ 14-1.704 Department of the Interior program direction and operation.

The Office of Small and Disadvantaged Business Utilization is responsible for developing and monitoring policies, procedures, regulations and guidelines necessary for the effective administration of the Department's small and disadvantaged business programs in accordance with Part 111, Chapter 8 of the Departmental Manual (111 DM 8). Implementation of these programs is accomplished through various Interior Procurement Regulation Directives (See IPR 141.008(d)).

[46 FR 49865, Oct. 8, 1981]

§ 14-1.704-1 Business utilization and development specialists.

Business utilization and development specialists (BUDS) are appointed by the heads of procuring activities and are responsible for implementing and monitoring the Department's small and disadvantaged business programs within their organizations. BUDS are also responsible for advising small and disadvantaged firms interested in participating in procurement programs of the Department.

[46 FR 49865, Oct. 8, 1981]

§ 14-1.705 Cooperation with the small Business Administration.

[37 FR 20027, Sept. 23, 1972]

§ 14-1.705-50 Surety bond guarantee assistance.

Invitations for bids or requests for proposals where the cost of the procurement is not expected to exceed $1,000,000 shall include the following provision:

SURETY BOND GUARANTEE ASSISTANCE

As provided in 13 CFR Part 115, the Small Business Administration may, under certain circumstances, provide assistance to small businesses on surety bonds required hereunder. Further information may be obtained from the contracting officer or the nearest office of the Small Business Administration. [46 FR 49865, Oct. 8, 1981]

§ 14-1.706 Procurement set-aside for small business.

(a) Pursuant to §§ 1-1.706-1 and 13.201 of this title, and § 14-3.201 of this chapter, it shall be the policy of the Department of the Interior to set aside on a class basis for small business all procurements of construction (including alteration, maintenance, and repair) estimated to cost $750,000 or less, except individual procurements for which small purchase procedures (see Subpart 1-3.6 of this title) are to be used or when emergency repair work is required. Contracting officers may deviate from this class set-aside policy as provided in § 11.706-3 of this title.

[37 FR 20027, Sept. 23, 1972]

§ 14-1.706-1 General.

§ 14-1.706-2 Review of SBA set-aside proposals.

The Assistant Secretary-Policy, Budget, and Administration will take all required actions on any appeals made by the Administrator of SBA to the head of the agency under FPR 11.706-2. When SBA has appealed to the head of the agency, the head of the procuring activity disapproving a set-aside shall promptly forward the justification for the decision for sequential review, through the Director, Office of Small and Disadvantaged Business Utilization, and the Chief, Division of Acquisition and Grants, Office of Acquisition and Property Management, in order for action to be taken by the Assistant Secretary— Policy, Budget, and Administration.

[46 FR 49865, Oct. 8, 1981]

§ 14-1.706-5 Total set-asides.

(a) To implement the requirements of FPR 1-1.703-2(g), 1-1.706-5 (d) and (e) and 1-1.706-6(c), a statement substantially as follows shall be included in each solicitation in excess of $10,000 and in each solicitation of $10,000 or less which is a small business set-aside:

The following product or service classification code(s) and small business size standard(s) apply to this procurement: (Item or Schedule) No. Classification Code

Size Standard. (Insert appropriate information from FPR 1-1.701-1.)

(b) The statement should be inserted only once for each classification code and size standard applicable to the procurement.

(c) If the articles or services to be procured cannot be identified with an industry for which a classification code and size standard have been specifically established, then it shall be assumed that the size standard is 500 employees or less. (See FPR 1-1.7011(a)(2)).

[46 FR 49865, Oct. 8, 1981]

§ 14-1.706-6 Partial set-asides.

The instructions set forth in IPR 14-1.706-5 shall be observed to implement the requirements of FPR 1-1.703-2(g) and 1-1.706(c) that the product or service classification code and the small business size standard shall be set forth in the solicitation. [46 FR 49866, Oct. 8, 1981]

§ 14-1.710 Subcontracting with small busi

ness concerns.

[37 FR 4710, Mar. 4, 1972]

§ 14-1.710-2 Small business subcontracting program.

Subcontracting reports under contracts subject to a Small Business and Small Disadvantaged Business Subcontracting Plan shall be submitted on Standard Form 294, Subcontracting Report for Individual Contracts and Standard Form 295, Summary Subcontract Report. Standard Form 294 shall be submitted semiannually to the contracting officer. Standard Form 295 shall be submitted quarterly to the Office of Small and Disadvantaged Business Utilization, Room 2527, Department of the Interior, Washington, D.C. 20240.

[46 FR 49866, Oct. 8, 1981]

Subpart 14-1.8—Labor Surplus Area Concerns

§ 14-1.850 Department of the Interior program direction and operation.

The Office of Small and Disadvantaged Business Utilization is responsi

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