Page images
PDF
EPUB

$9-1.606-51

Collection of information and investigation.

The senior procurement official, Headquarters, shall collect and evaluate information to determine whether an alleged offense or irregularity warrants the initiation of a debarment proceeding and may request an investigation.

$9-1.606-52 Initiation of action.

The senior procurement official, Headquarters, with the concurrence of counsel and after consultation with appropriate offices, shall determine whether causes and conditions exist to initiate a debarment action or to issue a notice of suspension.

$9-1.606-53 Notice of proposed debarment.

(a) The senior procurement official, Headquarters, shall initiate a debarment proceeding by sending a notice of proposed debarment by registered mail (return receipt requested) to the firm or individual proposed for debarment.

(b)

A notice of proposed debarment will:

(1)

is predicated;

Concisely state the facts on which the proposed debarment

(2) Specify the period of the proposed debarment;

(3) Inform the firm or individual of the action which ERDA may take in the event a low bid or proposal is received from the firm individual before the proposed debarment is finally determined;

or

(4) Inform the firm or individual of its right within 20 days of the date of the notice of the proposed debarment, or such other time as may be specified in the notice, to request a hearing;

(5) Provide that the firm or individual may submit a written reply to the notice of proposed debarment within 20 days of its date, or such other time as may be specified in the notice. The reply

shall set forth the facts on which the firm or individual relies and request a hearing, if one is desired.

(6) Inform the firm or individual that if no reply or request for hearing is received within 20 days from the date of the notice of proposed debarment or such other time as may be specified in the notice, that the debarment will become effective on a date specified in the notice.

$9-1.606-54 Hearing.

A hearing, if requested, shall be conducted before the ERDA Board of Contract Appeals. (See 10 CFR 703.210, "Conduct of hearings," and 10 CFR 703.214, "Reconsideration.") The ERDA Board of Contract Appeals has the final authority to decide debarment cases after hearings.

$9-1.606-55 Final debarment determination after the

forfeiture of the right to be heard.

(a) If the senior procurement official, Headquarters, on the basis of an analysis of all information, determines that the proposed debarment is not warranted, that official shall notify, in writing, the firm or individual concerned within 40 days after the notice of proposed debarment.

(b) If the senior procurement official, Headquarters, on the basis of an analysis of all information, determines that the proposed debarment is warranted, that official shall transmit the recommendation for debarment, and all information on which such recommendation is based, to the head of the agency or designee. If the head of the agency or designee determines in writing to debar, the senior procurement official, Headquarters, shall notify, in writing, the firm or individual within 40 days after the notice of proposed debarment. The determination shall accompany the notice confirming the proposed debarment. The notice confirming the proposed debarment shall state the effective date and the period of the debarment. The period of the debarment shall be no greater than that specified in the notice of proposed debarment.

$9-1.606-56 Notice of final debarment determination.

(a) The senior procurement official, Headquarters, shall promptly notify all senior program officials and heads of procuring activities of all debarment actions taken pursuant to this subpart.

(b) The senior procurement official, Headquarters, shall notify the General Services Administration of the names of all firms or individuals placed on or removed from the ERDA list.

$9-1.700

Subpart 9-1.7 Small Business Concerns

General.

The policies and procedures prescribed in FPR 1-1.7 and in this subpart apply to all ERDA procurement.

$9-1.704 Agency program direction and operation.

$9-1.704-1 ERDA headquarters.

The senior procurement official, Headquarters, or designee is responsible for the overall management of the ERDA small business program. This includes responsibility for developing and managing the ERDA small business program, providing advice on small business programs, and representing ERDA before other Government agencies on matters primarily affecting small business.

$9-1.704-2 Other procuring activities.

as

The head of the procuring activity or designee shall appoint a small business specialist, directly responsible to him, to serve small business coordinator for the activity to provide a central point of contact to which small business concerns may direct inquiries concerning participation in the procurement program and other small business matters. The senior procurement official, Headquarters, or designee, will provide the small business specialist with guidance, advice and technical assistance, as necessary. The small business specialist shall also perform such other functions as specifically directed by this Subpart 9-1.7 and any additional functions which the head of the procuring activity may prescribe to implement the small business program. A copy of each appointment and termination of appointment of small business specialists shall be forwarded to the senior procurement official, Headquarters, or designee.

[blocks in formation]

The small business specialist (§9-1.704-2) shall perform the following duties as determined appropriate by the head of the procuring activity or designee:

(a) Maintain a program designed to locate capable small business for current and future procurements, through SBA or other

sources

methods.

(b) Coordinate inquiries and requests for advice from small business concerns on procurement matters.

(c) Prior to issuance of solicitations (or contract modifications for additional supplies or services) in excess of $2,500, determine that small business concerns will receive adequate consideration, including initiation of set-asides where appropriate, in accordance with 9-1.705-3.

(d) Review procurement programs for possible breakout of items suitable for procurement from small business concerns.

(e) Advise small business concerns with respect to the financial assistance available under existing law and regulation and assist such concerns in applying for financial assistance, assuring that requests by small business concerns for proper assistance are not treated as a handicap in securing the award of contracts.

(f) Participate in determinations concerning responsibility of a prospective contractor whenever small business concerns are involved and provide advice to the contracting officer concerning responsibility determinations of small business concerns.

(g) Participate in the evaluation of a prime contractor's subcontracting program.

(h) Assure that participation of small business concerns is accurately reported.

(i) Make available to SBA copies of solicitations when so requested.

(j) Act as liaison between the contracting officer and SBA field offices and representatives in connection with set-asides, certificates of competency, and other matters in which the small business program may be involved. Procurements estimated to cost $100,000, or more, in which certificates of competency are requested, shall be reported to the senior procurement official, Headquarters, or designee. The report shall contain a description of the requirement, a list of the bidders or proposers, and the contract prices specified in the bids or proposals submitted and the reason for the proposed rejection of an otherwise acceptable small business bid or proposal. Pertinent dates such as the required date for the completion of the procurement, the date of the request for the certificate of competency, etc., shall also be furnished.

(k) In cooperation with the contracting officer and technical personnel, seek and develop information on the technical competence of small business concerns for research and development contracts. Regularly bring to the attention of the contracting officers and technical personnel descriptive data, brochures, and other information as to small business concerns that are apparently competent to perform research and development work in fields in which ERDA is interested. $9-1.705-3 Screening of procurements.

Class set-asides. Under agreement with the SBA, ERDA will accept SBA initiation of class set-asides for formally advertised construction procurements estimated to cost between $2,500 and $2 million, including new construction and repair and alteration of structures.

When, in the judgment of the head of the procuring activity or designee, a particular procurement falling within these dollar limits is unsuitable for a set-aside for exclusive small business participation, the head of the procuring activity or designee shall notify the appropriate SBA representative of this decision. Unless SBA appeals the decision, the contracting officer shall proceed to process the procurement on an unrestricted basis. Small business set-aside preferences should be considered for construction procurements in excess of $2 million, on a case-by-case basis, favoring such preferential participation of small business whenever appropriate.

$9-1.705-7 Performance of contract by SBA.

(a) Full consideration will be given to contracting with SBA in order to foster or assist in the establishment or the growth of small business concerns designated by the SBA. The objective is that these concerns become self-sustaining, competitive entities within a reasonable period of time.

(b) The Small Business Administration has delegated to its field offices authority to handle contracts and subcontracts under section 8(a) of the Small Business Act. Heads of procuring activities or designees should assure full cooperation with SBA in efforts to place procurements with firms which are eligible for subcontract awards by SBA under section 8(a). They shall take the necessary steps to:

(1) invite appropriate SBA field representatives to identify needs for 8(a) contracts and to provide for cooperation and assistance on the part of ERDA in verifying the availability or nonavailability of requirements, funding, and other pertinent factors; and

(2) propose any requirements which appear to offer potential opportunity for contracting with SBA under authority of section 8(a) of the Small Business Act, for consideration by appropriate SBA field representatives.

(3) Work-out detailed arrangements for handling individual 8(a) contracts with SBA offices, consistent with FPR 1-1.712. Any problems relating to contracting with the Small Business Administration which cannot be readily resolved between heads of procuring activities and Regional Directors of SBA should be reported to the senior procurement official, Headquarters.

$9-1.706 Procurement set-asides for small business.

$9-1.706-5 Total set-asides.

It is ERDA policy to use the method of procurement known as "small business restricted advertising" for contracts involving total

« PreviousContinue »