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§ 15-1.604-1 Procedural requirements re
lating to the imposition of debarment. (a) Initiation of debarment action. The Deputy Assistant Administrator for Management and Agency Services is responsible for furnishing the notification required by FPR 1-1.604-1(a).
(b) Hearings. Hearings requested in connection with debarment proceedings shall be conducted by the Deputy Assistant Administrator for Management and Agency Services.
$ 15-1.602 Establishment, maintenance,
and distribution of a list of concerns or individuals debarred, suspended, or de
clared ineligible. (a) The Director, Procurement and Contracts Management Division, is responsible for establishment and maintenance of a master consolidated list or file of firms and individuals who are debarred or suspended from EPA contracting and subcontracting and from whom bids and proposals will not be solicited as provided in FPR 1-1.603. This list will be known as the EPA Debarred, Suspended, or Declared Ineligible Bidders List.
(b) The Director, Procurement and Contracts Management Division, will effect direct distribution of the EPA Debarred, Suspended, or Declared Ineligible Bidders List to authorized personnel. The list shall not be disclosed to the public.
8 15-1.605 Suspension of bidders. & 15-1.605-1 Causes and conditions appli
cable to determination of suspension. Determination to suspend a firm or individual for a cause as provided in FPR 1-1.605-1 shall be made by the Deputy Assistant Administrator for Management and Agency Services. 8 15-1.605-3 Notice of suspension.
The Deputy Assistant Administrator for Management and Agency Services is responsible for furnishing the notification required by FPR 1-1.605-3.
8 15-1.605-4 Hearings.
The Deputy Assistant Administrator for Management and Agency Services is responsible for making the determinations and for taking the actions prescribed by FPR 1-1.605-4 (b), (c), (d), and (e).
$ 15-1.606 Agency procedures.
Internal agency procedures and methods for effecting the policies and procedures prescribed by FPR 1-1.6 are specified in the EPA Contracts Management Manual.
Subpart 15-1.7-Small Business
SOURCE: 36 FR 14187, July 31, 1971, unless otherwise noted.
8 15-1.704-1 Small Business Advisor.
The Agency shall establish and maintain an Office of Small Business and Contractor Relations. The Small Business Advisor of the Agency is appointed by the Administrator. The Small Business Advisor is responsible for the establishment, implementation, and execution of the small business program of the Agency and provides guidance and advice to the Directors and Chiefs of the field procurement operations in the implementation and execution of their respective programs. The Small Business Advisor is the central point of contact for inquiries concerning the small business program from industry, the Small Business Administration (SBA), and the Congress, and will advise the Administrator and staff as required. The Small Business Advisor will represent the Agency in the negotiations with the other Government agencies on small business matters. The duties of the Small Business Advisor may be assigned either on a full-time or parttime basis: however, if assigned on a part-time basis, the small business duties will take precedence over collateral responsibilities. (5 U.S.C. 301) [42 FR 63785, Dec. 20, 1977)
8 15-1.704 Agency program direction and
operation. (a) The Environmental Protection Agency (EPA) shall, in furtherance of the declared policy of the Congress, and as restated in the FPR, extend every effort to encourage participation by small business concerns in the procurement of property and services supporting the EPA mission, and that are within their capabilities. The Deputy or Associate Deputy Assistant Administrator for Administration, Directors of Administration, Regional Administrators, and Directors of Laboratories are responsible for results under the small business program within their respective activities. Procurement and technical personnel assigned to these activities shall be informed of the benefits that accrue to the Nation and to the Agency through the proper use of the capabilities of small business concerns in the procurement of EPA requirements.
(b) The Head of the procuring activity, the chief officer responsible for procurement at the contracting activity, and the chiefs of the purchasing offices in the regions and laboratories are responsible for the contracting and purchasing aspects of the small business program.
(c) The extent of small business participation in EPA procurement shall be accurately measured, reported, and publicized.
8 15-1.704-2 Small business specialists.
(a) Small business specialists shall be appointed in writing for each procurement or purchasing office. While small bsuiness specialists will normally be appointed from members of operating procurement staffs, they shall be responsible directly to the appointing authority with respect to small business matters and not to their immediate line of procurement supervision or to technical personnel. The appointing authority is as follows:
(1) Cincinnati, Research Triangle Park, and Headquarters Contract Operations, the Head of the procuring activity without power of redelegation.
(2) Regional offices, Regional Directors with power of redelegation to a Laboratory Director or to a chief of a staff office at a higher management level than the chief of the procurement activity.
(5 U.S.C. 301) (42 FR 63785, Dec. 20, 1977)
(3) Laboratories, Director of the Laboratory without power of redelegation. A copy of each appointment and termination of all specialists shall be forwarded to the Agency Small Business Advisor. In addition to performing the duties outlined in paragraph (b) of this section that are normally performed in the activity to which he is assigned, the small business specialist shall be the small business advisor to the head of the activity and shall perform such additional functions as may be prescribed in furtherance of the overall Small Business Program. The small business specialist is not precluded from being assigned the responsibility for the Labor Surplus Area Program prescribed by FPR Subpart 1-1.8, and for the Minority Business Enterprise Program prescribed by FPR Subpart 1-1.13. The small business specialist may be appoitned on either a full or part time basis; however, when appointed on a part time basis, the small business duty shall take precedence over collateral responsibilities. When the volume of procurement does not warrant assignment of a small business specialist, the contracting officer shall be responsible for the program.
(b) A small business specialist appointed pursuant to (a) above shall perform the following duties as are appropriate for his procurement activity:
(1) Maintain a program designed to locate capable small business sources for current and future procurements;
(2) Coordinate inquiries and requests for advice from small business concerns on procurement matters;
(3) Review all proposed solicitations over $2,500, assure that small business concerns will be afforded an equitable opportunity to compete, and, as appropriate, initiate recommendations for small business set-asides, complete EPA Form 1900-37, entitled, “Record of Procurement Request Review,” as appropriate;
(4) Take action to assure the availability of adequate specifications and drawings, when necessary, to obtain small business participation in a procurement. When small business concerns cannot be given an opportunity on a current procurement, initiate
action, in writing, with appropriate technical and contracting personnel to insure that necessary specifications or drawings for future procurements are available.
(5) Review proposed procurements for possible breakout of items or services suitable for procurement from small business concerns;
(6) Advise small business concerns with respect to the financial assistance available under existing laws and regulations and assist such concerns in applying for financial assistance;
(7) Participate in determinations concerning the responsibility of prospective contractor (see FPR Subpart 1-1.12), including determinations involving integrity, business ethics, or persistent failure to apply necessary tenacity or perseverance;
(8) Participate as the minority business enterprise representative in accordance with FPR 1-1.1302 and Chapter 10, Contracts Management Manual;
(9) Participate in the evaluation of a prime contractor's small business subcontracting programs;
(10) Assure that adequate records are maintained, and accurate reports prepared, concerning small business participation in the procurement program (see § 15-1.709-50);
(11) Make available to SBA copies of solicitations when so requested;
(12) Act as liaison between his procurement office, the contracting officer, and the appropriate SBA office or representative in connection with setasides, certificates of competency, size classification, and any other matter in which the small business program may be involved; and
(13) May participate, if required, in Business Opportunity/Federal Procurement Conferences, and other Government-industry conferences and meetings to assist small business, labor surplus, and minority business enterprises.
(5 U.S.C. 301) [42 FR 63785, Dec. 20, 1977)
8 15-1.706-50 Procurement set-asides for
small business when an SBA representative is not available.
8 15-1.706-50-1 General.
If no SBA representative is available, the small business specialist shall initiate recommendations to the contracting officer for small business setasides with respect to individual procurements or classes of procurements or portions thereof.
$ 15-1.706-50-4 Small business set-aside
for proposed procurement. (a) Each proposed procurement for construction estimated to cost between $2,000.00 and $1,000,000.00 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 procedure of $ $ 1-1.705-3 and 15-1.706-50.3, only if found not to serve the best interest of the Government.
(b) Small business set-aside preferences for construction procurement in excess of $1,000,000.00 shall be considered on a case-by-case basis.
[38 FR 33772, Dec. 7, 1973)
8 15-1.706-50-2 Review of set-aside recom
mendations initiated by small business
specialist. 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 may appeal to the appropriate appointing authority, whose decision shall be final.
8 15-1.708-2 Applicability and procedure.
A copy of the documentation supporting the determination that a small business concern is not responsible, as required by FPR 1-1.708-2(a)(5)(i), shall be transmitted to the Agency Small Business Advisor concurrently with the submission of a copy of the documentation to the appropriate SBA Region Office.
(5 U.S.C. 301) [42 FR 63786, Dec. 20, 1977)
(5 U.S.C. 301) [36 FR 14187, July 31, 1971, as amended at 42 FR 63786, Dec. 20, 1977)
8 15-1.706-50-3 Withdrawal or modifica
tion of set-asides. Withdrawal or modification of an individual or class set-aside which was originally established upon the recommendation of the small business specialist may be proposed by the contracting officer by giving notice, containing the reason for the proposed withdrawal or modification, to the small business specialist. If the small business specialist does not agree to a withdrawal or modification, he may appeal to the appropriate appointing authority, whose decision shall be final.
& 15-1.709-50 Records and reports.
(a) As required, monthly reports of factual information, covering procurement actions and dollars awarded to small business, minority business, Small Business Administration under authority of section 8(a) of the Small Business Act, and information on actions and dollars made under small business set-asides shall be submitted by the Cost Review and Policy Branch, Contracts Management Division, to the Agency Small Business Advisor.
(b) The Financial Management Divi. sion will submit to the Agency Small Business Advisor a copy of the Small Purchase Activity Report that shows by each EPA purchasing activity the following information cumulative monthly for small purchases ($10,000 and under);
(1) Total actions and dollar value of awards.
(5 U.S.C. 301) (36 FR 14187, July 31, 1971, as amended at 42 FR 63786, Dec. 20, 1977)
SOURCE: 42 FR 63786, Dec. 20, 1977, unless otherwise noted.
(2) Total actions and dollar value of awards to all businesses.
(3) Total actions and dollar value of awards to small business.
(4) Total actions and dollar value of construction awards to small business made by set-aside.
(5) Total actions and dollar value of small business awards made by setasides, excluding set-asides for construction.
(6) Total actions and dollar value of awards made to the Small Business Administration pursuant to section 8(a) or the Small Business Act.
(7) Total actions and dollar value of awards made to minority concerns.
(c) The reports identified in paragraphs (a) and (b) of this section are to be submitted to the Small Business Advisor no later than the 20th day following the end of the reporting period with the exception of the last report of the fiscal year which shall be submitted no later than the 30th day following the end of the fiscal year. (5 U.S.C. 301) (42 FR 63786, Dec. 20, 1977)
8 15-1.5000 Scope of subpart.
This subpart established procedures governing the closing of contract files when all contract performance is completed or the contract is terminated. $ 15-1.5001 Definition-Completed con
tract. A completed contract is one that is both physically and administratively complete and in which all aspects of contractual performance have been accomplished or formally waived. A contract is physically complete only after all property and services called for under the contract, including such related items as reports, materials, data, and exhibits, have been delivered to and accepted by the Government including property and services for which no specific compensation may have been stipulated or a notice of complete contract termination has been given the contractor by the Government. A contract is administratively complete when all payments have been made and all administrative actions accomplished. A contractor accorded limited administration and having a face value of $10,000 or under is closed when evidence of physical completion is received by the contracting officer.
8 15–1.2302-3 Compliance responsibilities.
Notifications required by FPR 11.2302-5 shall be forwarded, in writing, to the Director, Contracts Management Division. (5 U.S.C. 301) (42 FR 63786, Dec. 20, 1977)
$ 15-1.5002 Procedures.
$ 15-1.2302-5 Withholding award.
Notifications required by FPR 11.2302-5 shall be forwarded, in turn, to the Director, Office of Federal Activities, and the Director, Contracts Management Division. such notice shall be by telephone and the date notice is given shall be noted in the procurement file to establish the start of the 15 working day delay period. (5 U.S.C. 301) (42 FR 63786, Dec. 20, 1977)
8 15-1.5002-1 Closing review.
(a) Upon physical completion, the contract and contract file shall be reviewed to verify that all actions have been fully documented to the extent practicable. Consideration must be given to the type of contract being closed, and the contract file shall be reviewed to determine that:
(1) All services have been rendered and accepted;
(2) All property, including but not limited to contract end items, reports, data, and exhibits, have been delivered and accepted;
(3) All payments and collections have been accomplished;
(4) Releases from liabilities, obligations, and claims have been obtained from the contractor, if appropriate;
Subpart 15-1.50—Closing Completed
or Terminated Contracts
AUTHORITY: 5 U.S.C. 301.