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Subpart 1301.1-Purpose,

Authority, Issuance 1301.100 Scope of subpart.

This subpart states the relationship of the Commerce Acquisition Regulation (CAR) to the Federal Acquisition Regulation (FAR). This subpart also explains the purpose, authority and issuance of the CAR.

1301.101 Purpose.

(a) Chapter 13 of Title 48 of the Code of Federal Regulations shall be known as the Commerce Acquisition Regulation (CAR).

(b) The purpose of the CAR is to implement and supplement the FAR within the Department of Commerce. Since the CAR is intended to supplement and implement the FAR without paraphrasing or duplicating FAR language,

1301.104–2 Arrangement of regula

tions. (a) General. The CAR is divided into the same parts, subparts, sections, subsections and paragraphs as the FAR. When FAR coverage is adequate by itself, there will be no corresponding CAR coverage.

(b) Numbering. Where the CAR implements the FAR, the CAR part, subpart, section or further subdivision will be numbered the same as the corresponding FAR part, subpart, section, or further subdivision except that the CAR implementation will be preceded by a 13 or 130 so that there are four numbers to the left of the first decimal. Where the CAR supplements the FAR, supplementing material will be assigned the number 70 and above. The placement of the sequence of 70 numbers in relation to the decimal point will depend on what division of the FAR is supplemented.

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SOURCE: 49 FR 12959, Mar. 30, 1984, unless otherwise noted.

Subpart 1303.1-Safeguards

1303.101-3 Agency regulations.

The agency rules implementing Executive Order 11222 are contained in the Department Administrative Order on Employee Responsibilities and Conduct (DAO 202–735).

1301.603–70 Ratification of unauthor

ized contract awards. (a) The Department is not bound by any formal or informal type of agreement or contractual commitment which is made by persons who are not delegated contracting authority. When these unauthorized acts are discovered they shall be immediately reported to the Head of the Contracting Activity concerned. The Head of the Contracting Activity shall:

(1) Immediately inform any person who is performing work as a result of an unauthorized commitment that the work is being performed at that person's risk;

(2) Decide whether ratification of the unauthorized act is proper, and take appropriate action. [49 FR 12956, Mar. 30, 1984, as amended at 60 FR 47309, Sept. 12, 1995)

Subpart 1303.2-Contractor Gratu

ities to Government Personnel

1303.203 Reporting procedures.

Suspected violations of the Gratuities clause shall be reported to the head of the contracting office in writing detailing the circumstances. The head of the contracting office will evaluate the report and if the allegations appear to support a violation the matter will be referred to the Office of Inspector General in accordance with the Department Administrative Order

PART 1302 [RESERVED]

on Inspector General Investigations (DAO Subpart 1303.4–Contingent Fees 207–10).

1303.409 Misrepresentations or violaSubpart 1303.3—Reports of Iden

tions of the Covenant Against Con

tingent Fees.
tical Bids and Suspected Anti-
trust Violations

Suspected violations of the Covenant

Against Contingent Fees shall be re1303.302–70 Reporting requirements.

ported to the Office of Inspector Gen

eral in accordance with the Depart(a) Executive Order 12430 revoked the ment Administrative Order on Inspector requirement of Executive Order 10936

General Investigations (DAO 207–10). to submit a report to the Attorney General on identical bids.

Subpart 1303.5-Other Improper (b) Suspected anti-competitive prac

Business Practices tices and antitrust law violations as described in FAR 3.301 and FAR 3.303 1303.502 Subcontractor kickbacks. shall be reported to the general counsel

Suspected violations of the Antithrough the Head of the Contracting Kickback Act shall be reported to the Activity. A copy of the report shall be Office of Inspector General in accordsent to the Procurement Executive ance with the Department Administraconcurrently with the submission to tive Order on Inspector General Investhe general counsel.

tigations (DAO 207–10).

PART 1304 [RESERVED]

SUBCHAPTER B-COMPETITION AND ACQUISITION

PLANNING

PARTS 1305-1308 [RESERVED]

PART 1309-CONTRACTOR

QUALIFICATIONS

Subpart 1309.1-Responsible Prospective

Contractors

Sec. 1309.106 Preaward surveys. 1309.106-70 Preaward surveys for ship con

struction, ship alteration, and ship repair.

Subpart 1309.4—Debarment, Suspension

and Ineligibility

1309.470 4 Procedures on debarment. 1309.470–7 Procedures on suspension.

AUTHORITY: Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C 486(c)), as delegated by the Secretary of Commerce in Department Organization Order 10-5 and Department Administrative Order 208–2.

areas

SOURCE: 49 FR 12960, Mar. 30, 1984, unless otherwise noted.

(b) Extent of preaward survey. The contracting officer shall determine the manner and extent of the preaward survey based upon the specific requirements of the contract. At a minimum, the contracting officer shall request a preaward survey for contracts involving ship construction, ship alteration, and ship repair where the contracting officer cannot affirmatively determine that the prospective contractor's facility is adequate for the work to be performed. For the purpose of this section, the prospective contractor's facility includes the land, buildings, shop spaces, dock facilities, drydock or marine railways, and plant security and safety.

(c) Examples of specific concern. The contracting officer shall coordinate efforts with technical and requirements personnel to identify areas of specific concern for the preaward survey. The following examples illustrate which may be of specific concern to the preaward survey team, depending on the nature of the work to be performed:

(1) Acceptable facilities and equipment for special production techniques (e.g., unique welding procedures, special test fixtures, or production equipment);

(2) Adequate size and lift capacity for the drydock or marine railway;

(3) Well maintained drydock and lifting equipment and acceptable preventative maintenance of these items;

(4) Acceptable dock master and crew who are experienced in operating the equipment and lifting a vessel of comparable size and weight;

(5) Adequate drydock or pier utilities to support the vessel, including electrical power, steam, potable water, fire fighting capability, sewage disposal, and telephone service;

(6) Responsible subcontractors;

(7) Contractor's demonstrated ability to monitor and coordinate subcontractor performance;

(8) Contractor's demonstrated ability to conduct dock and sea trials;

(9) Contractor's demonstrated ability to protect the vessel and yard and vessel personnel, including safety and security programs or individual plans;

Subpart 1309.1-Responsible

Prospective Contractors

1309.106 Preaward surveys.

[51 FR 15330, Apr. 23, 1986)

1309.106–70 Preaward surveys for ship

construction, ship alteration, and

ship repair. (a) General. The contracting officer shall request a preaward survey of a prospective contractor for contracts involving ship construction, ship alteration, or ship repair, where the cost or price of the contract is anticipated to be in excess of $100,000, and the information on hand is not sufficient to make a determination regarding responsibility. The contracting officer may request a preaward survey of a prospective contractor for contracts involving ship construction, ship alteration, or ship repair, where the cost or price of the contract is anticipated to be $100,000 or less, if the circumstances justify the cost of the survey.

(4) Evidence of prospective contractor or subcontractor financial problems or poor past performance.

(8) Contracting officer determination. Upon completion of the preaward survey, the contracting officer shall determine whether the prospective contractor and subcontractors are responsible. [51 FR 15330, Apr. 23, 1986]

(10) Adequate secure storage facilities for Government property; and

(11) The depth of water in the navigable waterway and the pier where the vessel will be berthed.

(d) Preaward survey team. The contracting officer may use any of the following individuals to form the preaward survey team:

(1) A cost or price analyst or cognizant audit agency for review of the contractor's financial and accounting systems;

(2) Technical or requirements personnel from the cognizant marine center or office of marine operations, for technical, production, or quality assurance evaluations; and

(3) Representatives of the contracting officer for management and administrative evaluations.

(e) On-site survey. If it is necessary to conduct a survey at the proposed site where the work is to be performed, the contracting officer shall coordinate the visit with the prospective contractor or subcontractor.

(f) Reports. The surveying team shall comply with the applicable reporting requirements of FAR 9.106-4. When using the short-form preaward survey report prescribed in FAR 9.106 4(d), the surveying team shall provide information on the following at a minimum:

(1) The depth of water in the navigable waterway and the pier where the vessel will be berthed;

(2) The condition of the drydock or marine railway where the work is to be performed;

(3) Availability of adequate utilities and services for the vessel;

Subpart 1309.4-Debarment,

Suspension and Ineligibility 1309.470-4 Procedures on debarment.

Decision making process. Upon receipt of a debarment recommendation, the Procurement Executive shall review all available evidence and shall promptly determine whether or not to proceed with debarment. The Procurement Executive may refer the matter to the Office of Inspector General for further investigation. After completion of any additional review or investigations, the Procurement Executive shall make a written determination. A copy of this determination shall be promptly sent to the initiating contracting office. (See FAR 9.406-3(b).) [60 FR 47309, Sept. 12, 1995] 1309.470–7 Procedures on suspension.

Decision making process. Procedures for the decision making process of suspensions are the same as those contained in 1309.470 4 except that an initial decision for suspension results in immediate suspension. (See FAR 9.407– 3(b).) [60 FR 47309, Sept. 12, 1995)

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