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able to express a percentage limitation ther design or engineering effort by for each destination to prevent unreal. the end item contractor in respect to istic distribution of any increase or de the component is unlikely to be recrease.

quired.

(5) Whether any problems of quality & 12-1.354 Standards of conduct.

control and realibility of the compoAll government personnel engaged nent can be resolved without requiring in procurement and related activities effort by the item contractor. shall conduct business dealings with (6) Whether breakout can be accomindustry in a manner above reproach plished without jeopardizing delivery in every respect. Transactions relating requirements of the end item. to expenditure of public funds require (c) Support parts which are to be the highest degree of public trust to stocked as separate items should be protect the interests of the Govern considered for separate procurement, ment. While many Federal laws and as should such required services as inregulations place restrictions on the stallation services or contractor-conaction of government personnel, the ducted instruction courses. Compolatter's official conduct must, in addi- nent items of an equipment system tion, be such that the individual would (such as common test equipment) not be reluctant to make a full public which are to be physically separate disclosure thereof. DOT regulations from the basic equipment and which on Employee Responsibilities and Con- will require no modification or instalduct are set forth in the Department lation as an integral part of a more of Transportation regulations (49 CFR complex system or component, shall Part 99).

be procured separately unless separate

procurement is found to be not eco§ 12–1.355 Breakout of component items.

nomical or practicable. (a) Consideration shall be given to the breakout of component items (in- 8 12-1.356 General procurement policycluding services) of an end product for Departmental orders. separate procurement whenever the DOT policy on selected subjects repossiblility exists that such breakout lated to procurement matters is set would be both economical and practic forth in the Departmental orders concable.

tained in DOTPR Part 12-99. (b) Breakout decisions will be based largely on the degree and significance

Subpart 12-1.4-Procurement of the probable risks to quality, performance, reliability, timely delivery

Responsibility and Authority of the end item, and on the estimated overall cost savings. The following fac

8 12–1.402-50 Contracting officer's repretors should be considered in determin

sentatives. ing whether to procure component (a) A contracting officer may desigitems of an end product separately; nate Government personnel to act as

(1) In the case of sole source pro his authorized representatives for curement of the end product, whether such functions as inspection, approval there is another source capable of sup of shop drawings, testing, approval of plying the component.

samples and other functions of a tech(2) Whether breakout will result in nical nature not involving a change in significant net cost savings.

the scope, price, terms or conditions of (3) Whether breakout would cause the contract or order. Such designaover-fragmentation of the end item, tion shall be in writing and shall conand thereby materially impede admin- tain specific instructions as to the istration and performance of the end extent to which the representative item contract and identification of the may take action for the contracting ofcause of any end item failure.

ficer, but will not contain authority to (4) Whether the design of the com- sign contractual documents. The reponent (and the design of the end sponsibilities and limitations of the item insofar as it will affect the com- contracting officer's representatives ponent) is sufficiently stable that fur- may be set forth in the contract or in

a separate letter, a copy of which shall

Subpart 12-1.6-Debarred, be furnished to the contractor.

Suspended, and Ineligible Bidders (b) A person assigned to and performing his primary duty within a 8 12–1.602 Establishment and mainteprocurement office, and who is under

nance of a list of concerns or individthe supervision of a contracting offi

uals debarred, suspended, or declared cer, does not require designation as a ineligible. representative to perform his assigned

The Federal Aviation Administraduties. Such a person is considered to

tion is delegated authority to compile, be an employee of the contracting offi

print, and distribute on a Departmentcer, acting in his behalf and as such

wide basis, the Department of Transhas the authority to perform acts as portation Consolidated List of Deassigned by the contracting officer. barred, Ineligible, and Suspended ConThe contracting officer cannot, with tractors. Refer to Departmental Order out delegating contracting officer au DOT 4200.5 dated January 15, 1968, thority, authorize his employees to contained in DOTPR 12-99. sign any contract document or letter where the signature of a contracting

8 12-1.604-1 Procedural requirements reofficer is required.

lating to the imposition of debarment.

(a) Administrative debarment by the 8 12–1.450 Responsibility of procurement Department shall be initiated within personnel to question requirements

each Administration or OST in accordand reaffirm their validity.

ance with the procedures set forth in (a) Procurement personnel have a

FPR 1-1.604-1. The written notice reresponsibility to question any contem

quired by FPR 1-1.604-1 shall be plated procurement action which ap

signed by the head of the agency. pears inconsistent with their knowl

Where no hearing on the basis of

either oral testimony or a written edge of commodities, markets, prices,

statement is requested by the concern and normal processes of doing busi

or individual sought to be debarred, ness, or inconsistent with the authori.

debarment may be imposed by the ty of the requisitioner.

head of the agency and shall be appli(b) When the award of a proposed

cable to the entire Department. procurement has been prolonged over

Where a hearing is properly requestan extended period of time or when

ed, the debarment, if any, shall be imduring the processing of the procure posed by the Secretary upon recomment, matters are disclosed which give mendation of the Chairman of the Derise to questioning the magnitude of partment of Transportation Contract or necessity for the requirement, pro Appeals Board (DOTCAB), and shall curement personnel should reaffirm be similarly applicable to the entire the validity of the requirement before Department. award of contract.

(b) The written notice of proposed

debarment to be furnished in accordSubpart 12-1.5—Contingent Fees

ance with FPR 1-1.604-1 shall, in addi

tion to the requirements specified § 12–1.508-3 Misrepresentation or viola.

therein, apprise the concern or inditions of the covenant against contin

vidual that if such party desires to

present information, either in person gent fees.

or in writing, in opposition to such The views of the Office of the Gen action, at a hearing, (1) a request eral Counsel, OST, shall be obtained therefor is to be made to the Chairprior to the referral of a case to the man of the DOTCAB by that party Department of Justice.

within 20 days following receipt of the notice of the proposed debarment, and (2) the request for a hearing is to be accompanied by a statement setting forth the grounds upon which the proposed debarment will be contested. In

addition, the notice shall include a no- 1.604-1(b) for a notice of proposed detification that debarment, if imposed, barment. shall be applicable throughout the Department. The notice shall be sent by 8 12-1.605 Suspension of bidders. registered or certified mail, return re

Where a suspension is effected by ceipt requested, to the last known ad- the Department, it shall be invoked by dress of the concern or individual, but the Secretary upon recommendation where actual or personal delivery is of the General Counsel, OST. not effected by the Post Office, a debarment may be imposed by the head 8 12-1.606 Agency procedure. of the agency; but any such debar

(a) Each administration and OST, as ment shall, upon the submission of an

· applicable, shall furnish the notificaappropriate application, be subject to

tions to GSA required by FPR 1reopening and in such event a hearing

1.606(c), for debarments initiated by it, shall be accorded with respect to the

and shall concurrently forward a like debarment. A copy of each such notice

copy to (1) Federal Aviation Adminisshall be sent to TAD-60.

tration, Logistics Service, Contracts (c) Hearings requested in connection

Division, Management and Services with debarment proceedings as pro

Branch, ALG-380 for inclusion on or vided in FPR 1-1.604-1(b) shall be con

removal from the Department list, and ducted before the DOTCAB. An op

(2) the Director of Installations and portunity shall be afforded the con

Logistics, OST, for information. cern or individual to appear with witnesses and counsel to show cause why

(b) Requests for standard distribu

tion and for individual copies of the such concern or individual should not be debarred. Where a concern or indi

Department Consolidated List shall be

made to the Federal Aviation Adminisvidual requests a hearing and fails to appear, the DOTCAB shall consider

tration, Logistics Service, Contracts the case on the basis of the records

Division, Procurement Management and information made available to it.

and Services Branch, ALG-380, WashIn any instance where a party has re

ington, D.C. 25091. quested a hearing, he may elect to forego the submission of oral testimo Subpart 12-1.7—Small Business ny and may submit a written state

Concerns ment (together with any information relating thereto) in opposition to the $12-1.701-1 Small business concern (for proposed action. Hearings shall be

Government procurement). held by the DOTCAB within 30 days after receipt of the request for a hear

(a) When the solicitation is for a

manufactured product classified ing, unless the Chairman of the

within an industry set forth in FPR 1DOTCAB grants additional time. The Chairman shall include in his recom

1.701-1(h), and small business set-aside mendation to the Secretary whether

procedures are utilized, a size standard or not debarment is warranted under

reading substantially as follows shall the particular circumstances and,

be included in the solicitation: where debarment is warranted, a rec The small business employment size standommended period thereof.

ard prescribed for this procurement is not (d) When debarment is imposed by

more than---' employees, except when the head of the agency, or by the Sec

the concern is a small business non-manu

facturer in which case the employment size retary, the concern or individual shall be notified of the decision and of the

standard is not more than 500 employees. period during which such debarment (b) When the solicitation is for a shall be effective. If a proposed debar manufactured product that is not clasment is not upheld by the Secretary, sified within an industry set forth in the concern or individual shall be so FPR 1-1.701-1(h), and small business notified. Notice as to the imposition of set-aside procedures are utilized, a size a debarment shall be furnished to the concern or individual in the same 'Insert "750", "1,000", or "1,500", as apmanner as provided in DOTPR 12- propriate.

90-140

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standard reading substantially as fol- signment shall in no way relieve the lows shall be included in the solicita individual from full responsibility for tion:

effectively accomplishing the activity's

small business program requirements. The small business employment size

(b) In larger offices, where practical, standard prescribed for this procurement is not more than 500 employees.

the small business specialist shall not

be the contracting officer nor an indi(c) Similar language shall be used to

vidual under the supervision of a conprescribe other size standard criteria.

tracting officer. He shall be given the

authority to exercise independent § 12-1.704 Agency program direction and

judgment in his areas of responsibilioperation.

ty. In small offices the assignment of Each Administration of the Depart the small business specialist should ment will establish and maintain a

promote maximum effectiveness strong and viable small business pro

within the capabilities of the office. gram, designed to further the small

(c) The small business specialist apbusiness policies as set forth in FPR 1

pointed pursuant to paragraph (a) of 1.702.

this section shall perform such of the

following duties as are determined by § 12-1.704-50 Small business assistance

the administration to be appropriate officer.

for his procurement office: Each administration, will designate (1) Maintain a program designed to an individual as the Administration's locate capable small business sources small business assistance officer. The for current and future procurements; small business assistance officer will (2) Coordinate inquiries and requests be responsible, either on a full time for advice from small business conbasis or as a collateral duty, for the es- cerns on procurement matters; tablishment, implementation and ex- (3) Review proposed solicitations for ecution of the small business program supplies and services, assuring that of his administration. He will be the small business concerns will be affordcentral point of contact within his ad- ed an equitable opportunity to comministration for inquiries concerning pete, and as appropriate initiating recthe small business program such as ommendations for small business setfrom industry, the Small Business Ad- asides; ministration (SBA), the Congress or (4) Take action to assure the availthe Office of the Secretary of Trans- ability of adequate specifications and portation. His duties shall include de drawings, when necessary, to obtain veloping a plan of operation to in small business participation in a procrease the share of contracts awarded curement; to small business by his Administra (5) Review proposed procurements tion.

for possible breakout of items suitable 8 12–1.704-51 Small business specialists.

for procurement from small business

concerns; (a) A small business specialist shall (6) Advise small business concerns be appointed by name, in writing, for with respect to the financial assistance each procurement office, to operate on available under existing laws and regueither a full time or collateral duty lations and assist such concerns in apbasis. Only those individuals possess plying for financial assistance; ing the necessary business acumen, (7) Participate in determinations knowledge of the Department's pro- concerning the responsibility of a curement policies and procedures, prospective small business contractor; training and background to accom (8) Participate in the evaluation of a plish effectively the objectives of the prime contractor's small business subsmall business program shall be con contracting programs; sidered for appointment. In any in- (9) Assure that adequate records are stance where the duty of a small busi. maintained, and accurate reports preness specialist is on a part-time basis, pared, concerning small business parthe appointment shall clearly indicate ticipation in the procurement prothat the part-time nature of the as- gram;

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§ 12-1.750-1 General.

If no SBA representative is available, the small business specialist shall initiate recommendations to the contracting officer for a small business set-aside for an individual procurement or class of procurements or portion thereof.

$ 12–1.751 Small business set-aside for

proposed construction procurements. (a) Each proposed procurement for construction services (excluding ship construction) estimated to cost between $2,500 and $500,000, shall be set aside for exclusive small business participation. Such set-asides shall be considered to be unilateral small business set-asides, and shall be withdrawn, in accordance with the procedures of FPR 1-1.706-3 and DOTPR 12-1.750-3, only if found not to serve the best interest of the Government.

(b) Small business set-aside preferences should be considered for construction procurements in excess of $500,000 on a case-by-case basis.

8 12-1.750-2 Review of set-aside recom

mendations initiated by small business

specialists. When a small business specialist has recommended that all, or a portion, of an individual procurement or class of procurements be set aside for small business, the contracting officer shall promptly either (a) concur in the recommendation or (b) disapprove the recommendation, stating in writing his reasons for disapproval. If the contracting officer disapproves the recommendation of a small business specialist, the small business specialist shall be afforded an opportunity to appeal to an official above the level of the contracting officer. The decision of this official shall be final.

Subpart 12-1.8-Labor Surplus Area

Concerns

8 12-1.807 Report on preference procure

ment in labor surplus areas. Reports required by FPR 1-1.807 will be forwarded to the Director of Installations and Logistics, OST, no later than November 1 (annual) and May 1 (semiannual) of each year. The Director of Installations and Logistics will prepare and submit to GSA the consolidated departmental report.

8 12-1.750-3 Withdrawal or modification

of set-asides. Withdrawal or modification of an individual or class set-aside which was

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