(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, 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 9.4073(b).) [60 FR 47309, Sept. 12, 1995] 1313.106-70 Technical evaluation and written or oral discussion procedure for negotiated small purchases. (a) Technical evaluation. A technical evaluation may be requested for negotiated small purchases, at the discretion of the contracting officer. The manner and extent of the technical evaluation shall be determined by the contracting officer, except that the technical evaluation shall not be as formal or as extensive as required for procurements above the small purchase dollar threshold. (b) Written or oral discussions. Written or oral discussions may be conducted with all qualified sources which submit quotations for negotiated small purchases. The contracting officer shall determine the manner, extent, and need for written or oral discussions, except that discussions shall not be as formal or as extensive as required for procurements above the small purchase dollar threshold. [49 FR 12961, Mar. 30, 1984] PART 1314 [RESERVED] PART 1315-CONTRACTING BY NEGOTIATION Subpart 1315.4—Solicitation and Receipt of Proposals and Quotations Sec. 1315.413-2 Alternate II. Subpart 1315.5-Unsolicited Proposals 1315.504 Advance guidance. 1315.506 Agency procedures. Subpart 1315.6 [Reserved] Subpart 1315.8-Price Negotiation 1315.805-70 Audit as an aid in proposal analysis. Subpart 1315.9-Profit 1315.902 Policy. 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. SOURCE: 49 FR 12961, Mar. 30, 1984, unless otherwise noted. Subpart 1315.4-Solicitation and Receipt of Proposals and Quotations 1315.413-2 Alternate II. The procedures described in FAR 15.413-2 may be used if approved by the Head of the Contracting Activity or designee. Subpart 1315.5-Unsolicited 1315.504 Advance guidance. (a) When it appears that a person or firm is interested in making a proposal, that person or firm should be referred to the head of the contracting office concerned who will provide instructions for submission of an unsolicited proposal. (b) Heads of contracting offices shall provide instructions for submission of unsolicited proposals to each person or firm which expresses an interest in submitting an unsolicited proposal. [49 FR 12961, Mar. 30, 1984, as amended at 60 FR 47309, Sept. 12, 1995] 1315.506 Agency procedures. (a) Promptly after receipt of an unsolicited proposal which conforms to this regulation, the head of the contracting office shall forward a copy of the proposal along with instructions for technical evaluation of unsolicited proposals to the appropriate program office for technical evaluation. If more than one Department activity has an interest in a proposal, copies of the proposal shall be circulated to each interested office. (b) Program offices receiving unsolicited proposals for evaluation shall conduct the evaluation in accordance with this subpart 1315.5, FAR Subpart 15.5, and any additional guidance provided by the Office of Procurement and Federal Assistance. (c) Program offices shall complete the recommendation and evaluations and submit them along with all copies of the unsolicited proposal, and a written justification for a noncompetitive procurement action if appropriate, to the head of the appropriate contracting office within 60 days of receipt of a proposal for evaluation. (d) No part of an unsolicited proposal shall be duplicated or circulated outside of the evaluation office. Each unsolicited proposal shall be closely safeguarded to prevent disclosure of any restricted data. Only heads of contracting offices or their designees may duplicate unsolicited proposals and then only to facilitate evaluation by more than one technical evaluation office. [49 FR 12961, Mar. 30, 1984, as amended at 60 FR 47309, Sept. 12, 1995] Subpart 1315.6 [Reserved] Subpart 1315.8-Price Negotiation 1315.805-70 Audit as an aid in proposal analysis. (a) Preaward audits should not be routinely requested for actions below the dollar threshold specified in FAR 15.805-5. Before requesting audits below the dollar threshold, the contracting office should consider using price or cost analysis techniques, recent audit reports, price negotiation memoranda, and other relevant information regard ing the offer to establish the reasonableness of price. However, audits should be considered for proposals below the specified dollar thresholds in the following circumstances: (1) The contracting officer has reason to doubt the adequacy of the contractor's accounting policies or cost systems; (2) The contractor has substantially changed its methods or levels of operation; (3) Previous unfavorable experience indicates that the contractor's estimating, accounting, or purchasing methods may be unreliable; or (4) The proposal concerns a new product for which cost experience is lacking. [49 FR 12961, Mar. 30, 1984, as amended at 60 FR 47309, Sept. 12, 1995] Subpart 1315.9-Profit 1315.902 Policy. (a) Except as provided in (b) and (c) of this section, a structured approach for determining profit or fee prenegotiation objectives shall be used in the negotiation of all contracts, subcontracts, and contract modifications above $100,000 where adequate price competition does not exist. A structured approach for determining profit or fee prenegotiation objectives may be used at lower dollar thresholds. (b) Regardless of whether price competition exists, the structured approach for determining profit or fee prenegotiation objectives is not required for negotiation of contracts, subcontracts, and contract modifications for the following: (1) Architect-engineering contracts; (2) Management contracts for operation or maintenance of Government facilities; (3) Construction contracts; (4) Contracts primarily requiring delivery of material supplied by subcontractors; (5) Termination settlements; (6) Cost-plus-award-fee contracts; and (7) Unusual pricing situations where the structured approach has been determined to be unsuitable. This exception must be justified in writing and signed by the head of the contracting office. (c) In many circumstances, an examination of cost and profits is not required. Where adequate price competition exists and in other situations where cost analysis is not required (e.g., established catalog or market prices of commercial items sold in substantial quantities to the general public or prices set by law or regulation), contracts may be awarded without regard to the amount of profit involved. (d) Additional internal instruction on the use of the structured approach can be found in Procurement Letters or policy manuals issued by the Office of Procurement and Federal Assistance. (d) Fee determination plans. The award fee determination plan shall include both technical performance (including scheduling as appropriate) and business management consideration tailored to the needs of the particular situation. The goals and evaluation criteria should be results-oriented. The award fee should concentrate on the end product of the contract. However, equal employment opportunity, small business programs, and functional management areas, such as safety and security, cannot be disregarded and may be appropriately part of the criteria upon which to base the award fee. Specific goals or objectives should be established in relation to each performance evaluation criterion against which contractor performance is measured. Subpart 1316.6 [Reserved] PART 1317-SPECIAL CONTRACTING METHODS Subparts 1317.4–1317.5 [Reserved] Subpart 1317.70-Contracts for Ship Construction, Ship Alteration, and Ship Repair Sec. 1317.7001 Solicitation provisions and contract clauses. 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. Subparts 1317.4-1317.5 [Reserved] Subpart Subpart 1317.70-Contracts for Ship Construction, Ship Alteration, and Ship Repair 1317.7001 Solicitation provisions and contract clauses. (a)(1) The contracting officer shall insert the following clauses in sealed bid fixed-price solicitations and contracts for ship construction, ship alteration, and ship repair. (i) Inspection and Manner of Doing Work, 1352.217-90. (ii) Delivery of the Vessel to the Contractor, 1352.217-91. (iii) Performance, 1352.217–92. (iv) Delays, 1352.217-93. (v) Minimization of Delay Due to Government Furnished Property, 1352.217-94. (vi) Additional Provisions Relating to Government Property, 1352.217–95. (vii) Liability and Insurance, 1352.217-96. (viii) Title, 1352.217-97. (ix) Discharge of Liens, 1352.217–98. (x) Department of Labor Occupational Safety and Health Standards for Ship Repairing, 1352.217-99. (xi) Regulations Governing Asbestos Work, 1352.217-100. (xix) Default Ship Repair, 1352.217108. (2) Unless inappropriate due to contract type, the contracting officer shall insert the clauses listed above in negotiated solicitations and contracts for ship construction, ship alteration, and ship repair. (b) The contracting officer shall insert a clause substantially the same as the clause at 1352.217-109, Insurance Requirements, in solicitations and contracts for ship construction, ship alteration, and ship repair, unless the contracting officer determines that the contract, or job order, requires work on parts of a vessel only and the work is to be performed at a plant other than the site of the vessel. (c) The contracting officer shall insert the clause at 1352.217-110, Guarantees, unless the contracting officer determines that its use would be inappropriate under the circumstances. (d) The contracting officer shall insert the clause at 1352.217-111, Temporary Services, in solicitations and contracts for ship construction, ship alteration, and ship repair, unless the contracting officer determines that its use would be inappropriate under the circumstances. (e) The contracting officer shall insert the provision at 1352.217-112, SelfInsurance Information, in solicitations and contracts for ship construction, ship alteration, and ship repair, when the contracting officer determines that it is appropriate to allow offerors the opportunity to self-insure for any or all of the risks set forth in the applicable insurance clauses of the contract. [52 FR 3807, Feb. 6, 1987] |