notice of appeal, or advice that an appeal has been filed, the contracting officer shall promptly compile the appeal file (copies of all documents pertinent to the appeal), and three duplicate appeal files. The file shall inIclude the following:

(i) The findings of fact and the decision from which the appeal is taken, and the letter or letters or other documents of claim in response to which the decision was issued;

(ii) The contract, and pertinent plans, specifications, amendments, and change orders;

(iii) Correspondence between the parties and other data pertinent to the appeal;

(iv) Transcripts of any testimony taken during the course of proceedings and affidavits, or statements of any witnesses on the matter in dispute made prior to the filing of the notice of appeal with the Board;

(v) Such additional information as may be considered material.

(2) In addition to the above, the contracting officer will prepare an index listing each document included in the file submitted to the IBCA, and place copies of such index in the submission and duplicate files.

(3) Contracting Officers, in making the submission, may not submit original documents which are a part of the official contract file. Copies of the pertinent documents will be submitted.

(4) Within 15 days of receipt or advice of a notice of appeal the official and two duplicate files will be forwarded through the Contracts Management Division to the Office of the Associate General Counsel, Grants, Contracts and General Administration, who will review the file and will forward the official appeal file to the IBCA within the 35-day time limitation set forth in 43 CFR 4.103(b). One duplicate file will be retained by the contracting officer, one by the Contracts Management Division, and one by the Assistant General Counsel.

(5) If for any reason the contracting officer anticipates that he cannot make a timely submission, he will immediately advise the Associate General Counsel, Grants, Contracts and General Administration by telephone of the extent of the anticipated delay

and the reasons therefor. However, every effort will be exerted to make timely submissions.

(6) At the time of transmittal of the appeal file to the Board, the Assistant General Counsel, Grants and Procurement, shall notify the appellant of the transmittal, provide him with a listing of its contents, and afford him an opportunity to examine the file at the office of the contracting officer, at the office of the IBCA, or at some other suitable EPA office, for the purpose of satisfying himself as to the contents, and furnishing or suggesting any additional documentation deemed pertinent to the appeal. With his transmittal to the IBCA, the Associate General Counsel, Grants, Contracts and General Administration, shall certify that the appellant has been provided with the above-described listing.

(g) Relations with Government counsel. Contracting officers are reminded that they must cooperate fully with the Government Counsel assigned to handle the case before the Board. The Government Counsel is the contracting officer's lawyer. It is especially important to advise Counsel of all pertinent evidence regardless of the effect it may have on the Government's case. No trial lawyer can be very effective if he learns of an embarrassing fact from his adversary during the hearing before the Board.

(h) Implementation-Adverse board decisions. Pursuant to Comptroller General Decision B-125096, September 9, 1963 (43 Comp. Gen. 231), contract modifications or releases given by the Government resulting from contract appeal board decisions adverse to the Government's position shall include the following provision:

"Provided, however, That this instrument is not binding if the decision of the Interior Board of Contract Appeals, on which it is based, is later found to be in violation of the standards set forth in the Wunderlich Act (41 U.S.C. 321)."

(5 U.S.C. 301)

[36 FR 20947, Nov. 2, 1971, as amended at 38 FR 21497, Aug. 9, 1973; 42 FR 63784, Dec. 20, 1977]

§ 15-1.350 Release of procurement information.

The Freedom of Information Act, 5 U.S.C. 552, provides that certain Government records shall be made available to the public upon request. This Act has been implemented by the Invironmental Protection Agency (EPA) in 40 CFR Part 2. Subpart B-Confidentiality of Business Information of 40 CFR Part 2 provides the policy and guidance pertaining to the procurement of supplies and services.

(5 U.S.C. 301)

[42 FR 63785, Dec. 20, 1977]

Subpart 15-1.6-Debarred, Suspended and Ineligible Bidders

SOURCE: 46 FR 29709, June 3, 1981, unless otherwise noted.

§ 15-1.600 Scope of subpart.

This subpart prescribes the Environmental Protection Agency (EPA) policy and procedures for establishment, use, maintenance, and distribution of a debarred, suspended, and ineligible bidders list for debarring or suspending bidders for cause.

§ 15-1.602 Establishment, maintenance, and distribution of a list of concerns or individuals debarred, suspended, or declared 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.

§ 15-1.602-1 Bases for entry on the debarred, suspended, or ineligible list. The Deputy Assistant Administrator for Management and Agency Services makes the administrative determinations prescribed by FPR 1-1.602-1 (d), (f), and (g).

§ 15-1.603 Treatment to be accorded firms or individuals in debarred, suspended or ineligible status.

The Deputy Assistant Administrator for Management and Agency Services makes the determinations required by FPR 1-1.603(a).

§ 15-1.604 Causes and conditions applicable to determination of debarment. Determination to debar a firm or individual for a cause as provided in FPR 1-1.604 shall be made by the Deputy Assistant Administrator for Management and Agency Services.

§ 15-1.604-1 Procedural requirements relating 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.

§ 15-1.605 Suspension of bidders.

§ 15-1.605-1 Causes and conditions applicable 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.

§ 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.

§ 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 pre

scribed 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 Concerns

SOURCE: 36 FR 14187, July 31, 1971, unless otherwise noted.

§ 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.

(5 U.S.C. 301)

[42 FR 63785, Dec. 20, 1977]

§ 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]

§ 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.

(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 a 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]

§ 15-1.706-50 Procurement set-asides for small business when an SBA representative is not available.

§ 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.

§ 15-1.706-50-2 Review of set-aside recommendations 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.

(5 U.S.C. 301)

[36 FR 14187, July 31, 1971, as amended at 42 FR 63786, Dec. 20, 1977]

§ 15-1.706-50-3 Withdrawal or modification 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.

(5 U.S.C. 301)

[36 FR 14187, July 31, 1971, as amended at 42 FR 63786, Dec. 20, 1977]

§ 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]

§ 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]

§ 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 Division 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.