set-asides unless there are circumstances which make conventional negotiation necessary.

$9-1.708 Certificate of competency program.

$9-1.708-3 Conclusiveness of certificate of competency.

ERDA shall accept SBA certificates of competency as conclusive of a prospective contractor's responsibility as to capacity, credit, tenacity or perseverance.

$9-1.709 Records and reports.

Reports covering pertinent information concerning small business, minority business enterprises, and contracts placed with SBA under authority of Section 8(a) of the SBA Act, shall be prepared in accordance with ERDA-PR 9-53.

$9-1.710 Subcontracting with Small Business concerns.

Heads of procuring activities or designees shall appoint persons under their jurisdiction to serve as liaison officers who will administer the small business subcontracting program.

$9-1.750 Business opportunity conferences.

The Department of Commerce is responsible for coordinating the participation of Federal civilian agencies in a continuing series of conferences which are generally sponsored by local Chambers of Commerce. The objectives of these conferences are: (a) location of additional procurement sources to broaden the procurement base of Federal buying agencies; (b) stimulation of local, regional, and national economic growth, national security, and cost reduction; (c) location of underutilized production capacity; (d) prevention or elimination of pockets of underemployment; and (e) assistance of small business concerns. As notified by the Small Business Advisor, heads of procuring activities will designate, as appropriate, small business specialists or procurement personnel to participate in person-toperson counseling at such conferences. Ordinarily, participation by procurement activities will be restricted to conferences held within the geographical area of the procurement office.

$9-1.807

Subpart 9-1.8 Labor Surplus Area Concerns

Records and reports.

A report containing summary data on ERDA procurement in labor surplus areas as set forth in FPR 1-16.804-3(d)(2), and FPR 1-16.804-4

shall be inputted by heads of procuring activities or designees into the ERDA automated information system not later than the first working day after the close of each quarter.

$9-1.901

Subpart 9-1.9 Reporting Possible Antitrust Violations

General.

The procedures prescribed in FPR Subpart 1-1.9 apply to all procurement on a competitive basis, and shall be applied to cost-type contractor procurement.

$9-1.902 Documents to be transmitted.

The Office of the General Counsel is responsible for reporting cases of possible antitrust violations to the Attorney General. Heads of procuring activities shall furnish two copies of the documents referred to in FPR 1-1.902 to the Office of the General Counsel and one copy to the senior procurement official, Headquarters.

Subpart 9-1.10 Publicizing Procurement Actions

$9-1.1004 Synopsis of contract awards.

copy of the

Procuring activities shall forward, by mail, one synopsis of contract award, as required by FPR 1-1.1004, to Headquarters, Office of Public Affairs.

Subpart 9-1.11 Qualified Products

$9-1.1101

(a)

Procurement of qualified products.

This subpart prescribes policies and procedures for the procurement of qualified products established by the Government.

(b)

Whenever procurement of qualified products is to be made by formal advertising, the contracting officer shall insert in invitations for bids the provision contained in FPR 1-1.1101(b). This provision may be modified with the advice of counsel for use in requests for proposals.

$9-1.1150

Distribution of qualified products lists.

Qualified products lists are distributed by GSA directly to Headquarters and field offices. These lists shall be redistributed to those persons authorized to use them. Heads of procuring activities shall maintain records of distribution of the lists. Extra copies may be obtained through the senior procurement official, Headquarters.

Subpart 9-1.12 Responsible Prospective Contractors

$9-1.1200 Scope.

This subpart implements and supplements the policies set forth in FPR 1-1.12.

$9-1.1203-2 Additional standards.

A prospective contractor, in order to be determined as responsible must, in the opinion of the contracting officer, meet the following standards as they relate to the particular procurement under

consideration:

(a) Have an established system of accounting and financial controls which the contracting officer determines will permit the effective administration of the type of contract proposed, particularly if under its terms the costs incurred are a factor in determining the amount payable under the contract, or if advance or progress payments are requested.

(b) In determining the adequacy of a prospective contractor's financial resources for the performance of the proposed contract, as required by FPR 1-1.1203-1(a), particular attention shall be given to the ability of the contractor to discharge his full financial responsibility for charges and losses of Government-furnished material, such as special nuclear materials, when the contractor has responsibility for such material.

$9-1.1204 Determination of responsibility

or nonresponsibility.

(a) While the signing of the contract shall be deemed to be evidence of the contracting officer's affirmative determination that a contractor is responsible within the meaning of FPR 1-1.1202, 9-1.313(b)(6) requires the file to indicate the basis for such determination.

tor

(b) If the contracting officer determines a prospective contracto be nonresponsible within the meaning of FPR 1-1.1202, the written determination to this effect shall be placed in the contract file. (See FPR 1-1.708 if a small business concern is involved.)

Subpart 9-1.13 Minority Business Enterprises

$9-1.1300 Scope.

This subpart implements and supplements the policies, procedures, and contract clauses applicable to the participation of minority

business enterprises in Government procurement, at the prime and subcontract level, as set forth in FPR Subpart 1-1.13.

$9-1.1310 Subcontracting with minority business enterprises.

Heads of procuring activities or designees shall appoint persons under their jurisdiction to serve as liaison officers who will administer the minority business enterprises subcontracting program.

Subpart 9-1.16 Reports of Identical Bids

$9-1.1603 Reporting requirements.

$9-1.1603-3 Submission of reports.

Heads of procuring activities are responsible for submitting to the Office of the General Counsel two copies of identical bid reports. Subpart 9-1.50 Change Orders, Equitable Adjustment, and Supplemental Agreements for Fixed-Price Contracts

$9-1.5000 Scope.

This subpart sets forth the circumstances under which change orders, other unilateral-type contract modifications, and supplemental agreements are to be used in connection with fixed-price contracts, and outlines general procedures to be followed in the preparation and negotiation of such modifications, including determination of necessary equitable adjustments in price or performance time.

$9-1.5001 General policy.

Change orders and supplemental agreements to fixed-price contracts will be handled expeditiously and economically without sacrificing sound contract administration or lessening the opportunity for proper consideration of all pertinent factors in effecting equitable adjustments and settlements.

$9-1.5002 Applicability.

The policies and procedures set forth in this subpart apply to all fixed-price prime contracts.

$9-1.5003 Definitions.

For the purpose of this subpart, the following terms have the meanings set forth in this section:

(a) Article. "Article" means an article or clause as these terms are used in the various standard contract forms used to designate separate and distinct contract provisions.

(b) Contract modification. The meaning of "contract modification" is as defined in FPR 1-1.219.

(c) Equitable adjustment or adjustment. "Equitable adjustment or adjustment" means a determination or agreement that no change in contract price or performance time is to be made as well as that an increase or decrease is made in one or both of these factors.

(d) Supplemental agreement. "Supplemental agreement" means a negotiated, bilateral modification of a contract effecting changes in the general scope of work or other contract terms and conditions. $9-1.5004 Change orders and other unilaterial-type modifications within the general contract scope.

$9-1.5004-1 Change orders.

(a) Use of change orders. (1) A change order shall be used to direct an addition to or variation or omission from the work within the general scope of a contract in accordance with the contract provisions and to effect an equitable adjustment in contract price and performance time.

(2) A change order shall not be used to effect additions, alterations, or deletions of work which involve a change in the general scope of a contract or to change any of the substantive provisions of a contract, such as time of commencement, methods of payment, and refund of retained percentages.

(b) Obligation of contractor. Under the terms of standard fixed-price contract forms the contractor agrees in advance to perform such changes in the work as are within the general scope of the contract. A written order to the contractor making such a change is binding upon him whether or not the order contains adjustments of price and time, and he is obligated to proceed with the work as changed pending determination of equitable adjustments. If the order contains unilateral adjustments of price and time with which the contractor cannot agree, he has the right to protest or appeal from such determination in accordance with the language of the particular contract article under which the order was issued, but he must comply with the requirements of such article in order for his protest or appeal to be effective.

(c) Method of issuance. (1) Whenever possible, prior agreement