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(5) Performance evaluation report. Fol- template the award of cost-plus-awardlowing the PEB meeting at which the fee contracts. award fee recommendation is reached,

(53 FR 6065, Feb. 29, 1988) the executive secretary will prepare a performance evaluation report and for- 416.470 Solicitation provision. ward this to the contracting officer.

The contracting officer shall insert The contracting officer will prepare a the provision at 452.216–71, Base Fee letter for signature of the FDO inform

and Award Fee Proposal in solicitaing the contractor's general manage- tions which contemplate the award of a ment of the amount of basis of the fee cost-plus-award-fee contract. awarded. The contracting officer shall

(53 FR 6065, Feb. 29, 1988) forward the performance evaluation report and the fee determination letter

Subpart 416.5-Indefinite Delivery (the performance evaluation report

Contracts shall be an attachment to the fee determination letter) to the FDO for sig

416.505 Contract clauses. nature. The FDO will review the performance evaluation and fee

The contracting officer shall insert

recommendation and make a final deter

the clause at 452.216-73, Minimum and

Maximum Contract Amounts, in indefimination of fee.

nite-delivery, indefinite-quantity con(h) Simplified procedures. The follow

tracts when the clause at FAR 52.216-18 ing CPAF procedures are authorized for

is used. procurements of $1,000,000 or less. (1) No appointment of a formal PEB

(53 FR 6065, Feb. 29, 1988) is necessary. A program office rep

416.570 Solicitation provision. resentative and the contracting officer shall perform the duties and functions

The contracting officer shall insert a of the PEB members. In lieu of per

provision substantially the same as the formance monitors reporting to an

provision at 452.216–72, Evaluation evaluation coordinator, the program

Quantities Indefinite-Delivery Con

tract, in solicitations which conofficial will personally monitor and assess the technical performance of the

template the award of indefinite-quan

tity or requirements contracts to escontractor for each evaluation period.

tablish the basis on which offers will be The contracting officer will monitor

evaluated. the business aspects of the contractor's performance.

(53 FR 6065, Feb. 29, 1988) (2) The chief of the contracting office shall approve the award fee plan in lieu Subpart 416.6—Time-and-Mateof the HCA.

rials, Labor-Hour, and Letter (3) The project officer and the con

Contracts tracting officer shall report performance events in the format described in

416.603 Letter contracts. 416.404–277(a)(1). Use of the summary of

416.603–2 Application. significant performance events is not required.

The HCA or a designee is authorized (4) The project officer, with input

to extend the period for definitization from the contracting officer, will pre

of a letter contract required by FAR

16.603–2(c) in extreme cases where it is pare the performance evaluation re

determined in writing that such action port.

is in the best interest of the Govern(53 FR 6063, Feb. 29, 1988)

ment. 416.406 Contract clauses.

(49 FR 12119, Mar. 28, 1984, as amended at 50

FR 14198, Apr. 10, 1985) The contracting officer shall insert a clause substantially the same as the

416.603-4 Contract clauses. clause at 452.216-70, Award Fee, in so- The contracting officer shall insert licitations and contracts which con- the clause at 452.216-75, Letter Con

tract, in a definitive contract superseding a letter contract. (53 FR 6065, Feb. 29, 1988)

416.670 Contract clauses.

The contracting officer shall limit the Government's obligation under a time-and-materials or labor-hour contract by inserting the clause at 452.216 74, Ceiling Price. (53 FR 6065, Feb. 29, 1988)

Subpart 416.7-Agreements

416.702 Basic agreements.

Promptly after execution by the Government, the HCA shall furnish to the Director, Office of Operations, a copy of each basic agreement negotiated with a contractor in accordance with FAR 16.702.

(50 FR 14198, Apr. 10, 1985)

PART 417-SPECIAL CONTRACTING

METHODS

Subpart 417.2-Options

the clause at 452.217-70, Option to Extend the Term of the Contract-CostPlus-Fixed-Fee Contract, in term (level-of-effort) contracts. Alternate I of the clause is for use in completion contracts.

(b) If the Government needs additional periods of contractor performance, the contracting officer shall insert a clause substantially the same as the clause at 452.217–71, Option to Extend the Term of the ContractCostNo-Fee Contract, in term (level-of-effort) contracts. Alternate I of the clause is for use in completion contracts.

(c) If the Government needs additional periods of contractor performance, the contracting officer shall insert a clause substantially the same as the clause at 452.217–72, Option to Extend the Term of the Contract-CostPlus-Award-Fee Contract, in level-ofeffort contracts. Alternate I is to be used for completion contracts.

(d) If the Government needs additional quantities, the contracting officer shall insert a clause substantially the same as the clause at 452.217–73, Option for Increased Quantity-Cost-PlusFixed-Fee Contracts, in level-of-effort contracts.

(e) If the Government needs additional quantities, the contracting officer shall insert a clause substantially the same as the clause at 452.217–74, Op tion for Increased Quantity-Cost-PlusFixed-Fee Contract, in level-of-effort contracts.

(f) If the Government needs additional quantities, the contracting officer shall insert a clause substantially the same as the clause at 452.217–75, Option for Increased Quantity-Cost-PlusAward-Fee Contract, in level-of-effort contracts.

(g) If the Government needs additional periods of contractor performance, the contracting officer shall insert a clause substantially the same as the clause at 452.217–76, Option to Extend the Effective Period of the Contract-Time-and-Materials or LaborHour Contract, in time-and-materials or labor-hour contracts.

(h) If the Government needs additional periods of contractor performance, the contracting officer shall insert a clause substantially the same as

Sec. 417.208 Solicitation provisions and contract

clauses.

Subpart 417.4–Leader Company

Contracting

417.402 Limitations.

Subpart 417.5-Interagency Acquisitions

Under the Economy Act

417.502 General.

Subpart 417.6-Management and

Operating Contracts

417.602 Policy.

AUTHORITY: 5 U.S.C. 301 and 40 U.S.C. 486(c).

SOURCE: 49 FR 12120, Mar. 28, 1984, unless otherwise noted.

Subpart 417.2-Options 417.208 Solicitation provisions and

contract clauses. (a) If the Government needs additional periods of contractor performance, the contracting officer shall insert a clause substantially the same as

the clause at 452.217–77, Option to Ex- mination required by FAR 17.502 shall tend the Effective Period of the Con- be made at a level above the contracttract-Indefinite-Delivery/Indefinite- ing officer. Quantity Contract, in indefinite-deliv

(50 FR 14198, Apr. 10, 1985) ery and indefinite-quantity contracts.

(1) If the Government needs additional periods of contractor perform

Subpart 417.6-Management and ance, the contracting officer shall in

Operating Contracts sert a clause substantially the same as the clause at 452.217–78, Option to Ex

417.602 Policy. tend the Term of the Contract Fixed- (a) The Assistant Secretary for AdPrice Contract, in fixed-price con- ministration shall make the detertracts.

mination to enter into or renew any (j) If the Government needs addi- management and operating contracts tional quantities, the contracting offi- as prescribed in FAR 17.602(a). cer shall insert a clause substantially (b) Written determinations shall be the same as the clause at 452.217-79, Op- prepared for the Assistant Secretary's tion for Increased Quantity-Fixed- signature and submitted by the HCA to Price Contract, in fixed-price con- the Director, Office of Operations, for tracts.

action. The determination shall be sub(53 FR 6065, Feb. 29, 1988)

mitted prior to solicitation for the re

quirement and shall: Subpart 417.4-Leader Company

(1) Reference the statutory authority Contracting

for awarding a management and oper

ating contract; 417.402 Limitations.

(2) Discuss the relationship between

the requirement and the limitations in The HCA shall authorize the use of

FAR 17.603; leader company contracting procedures

(3) Include a copy of the solicitation in FAR Subpart 17.4.

document including evaluation cri

teria; Subpart 417.5-Interagency Ac

(4) If non-competitive acquisition is quisitions Under the Economy proposed, include a copy of the jusAct

tification.

(c) The HCA shall be responsible for 417.502 General.

conducting the reviews required by The HCA shall establish procedures

FAR 17.602(C). for making interagency acquisitions under the Economy Act. The deter

PART 418-(RESERVED)

SUBCHAPTER D-SOCIOECONOMIC PROGRAMS

or

PART 419–SMALL BUSINESS AND plishments, objectives and procedures

SMALL DISADVANTAGED BUSI- with respect to these programs, and NESS CONCERNS

recommend corrective actions for pro

gram improvement. The HCA's and DeSubpart 419.2-Policies

partmental staff office directors whose

programs generate requirements for Sec.

contract actions shall administer the 419.201 General Policy.

Department's procurement preference 419.201-70 Office of Small and Disadvan

program within their organizations. taged Business Utilization (OSDBU).

This responsibility may be delegated to 419.201-71 OSDBU coordinators. 419.201-72 Goals.

ensure program effectiveness. 419.201-73 Reports. 419.202 Specific policies.

419.201-71 OSDBU coordinators. 419.202–70 Specific policies relating to small HCA's shall designate an OSDBU Cobusinesses.

ordinator in each contracting office. In 419.202–71 Specific policies relating to mi

addition, Departmental staff office dinority, disadvantaged, and women-owned

rectors whose programs generate conbusinesses.

tracts shall designate an OSDBU CoorSubpart 419.4-Cooperation with the Small dinator. OSDBU Coordinators shall Business Administration

take positive actions which will maxi

mize contracting opportunities for 419.402 Small Business Administration pro- small businesses, including minority curement center representatives.

and women-owned businesses. The Subpart 419.5-Set-Asides for Small

amount of time required for the per

formance of functions concerning this Business

program shall be directly related to the 419.506 Withdrawing modifying set- number and dollar value of contract asides.

awards made in each office. In addition 419.508 Solicitation provisions.

to their regular assigned duties, it is

anticipated that about 20 percent of Subpart 419.6-Certificates of Com

their time should be spent as OSDBU potency and Determinations of Eligi

Coordinators. Supervisors of OSDBU bility

Coordinators are encouraged to provide 419.602 Procedures.

time for the coordinators to perform 419.602-1 Referral.

this important function. The duties AUTHORITY: 5 U.S.C. 301 and 40 U.S.C.

and responsibilities of the OSDBU Co486(c).

ordinators shall include, but not be SOURCE: 49 FR 12120, Mar. 28, 1984, unless

limited to, the following: otherwise noted.

(a) Review each proposed acquisition

expected to exceed $10,000 prior to its Subpart 419.2-Policies

solicitation. The Coordinator shall:

(1) Recommend section 8(a) action 419.201 General policy.

and identify potential contractors, or

(2) Identify available minority and 419.201-70 Office of Small and Dis. women-owned businesses to be solicited advantaged Business Utilization

by competitive procedures. Coordina(OSDBU).

tors shall document the contract file The Office of Small and Disadvan- with recommendations made and actaged Business Utilization shall de- tions taken. velop policy, procedures and guidelines (b) Participate in goal-setting procefor the effective administration of the dures and planning activities as deDepartment's small and disadvantaged scribed in 419.201-72. business procurement preference pro- (c) Ensure that the subcontracting gram to include minority and women- clause entitled “Utilization of Small owned businesses. OSDBU shall also Business Concerns and Small Disadvanevaluate contracting activity accom- taged Business Concerns," as pre

scribed in FAR 19.708, is included in ap plicable solicitations. The coordinator shall participate in the review of those contracts which require the successful offeror to submit written plans for the utilization of small and small disadvantaged businesses as subcontractors.

(d) Ensure that small purchases (under $10,000) are reserved exclusively for small businesses, including minority and women-owned businesses as prescribed by FAR 13.105 and 19.503. This policy shall be implemented unless the contracting officer is unable to obtain offers from two or more small business concerns that are competitive with market prices and in terms of quality and delivery of the goods or services being purchased.

(e) Maintain comprehensive source listings of small, minority and womenowned businesses and utilize SBA's Procurement Automated Source System (PASS) and the National Minority Purchasing Council's Vendor Information Service to build and maintain these listings. Ensure that all small, minority and women-owned bu esses seeking to do business are informed of the bid and proposal submission requirements, and of financial, management and technical assistance programs offered by SBA and the Minority Business Development Agency. Ensure that these firms, upon request, are directed to appropriate program and project personnel.

(f) Upon written request, provide small, min ity and women-owned businesses the bidders mailing lists of individuals receiving solicitations which will contain the subcontracting clause entitled “Utilization of Small Business Concerns and Small Disadvantaged Business Concerns." These lists may be limited to those supplies or services of major interest to the requesting firms.

(g) Develop a program of contacts with local,

minority, and women-owned trade, business, and professional associations and organizations and Indian tribal councils to apprise them of the Department's program needs and recurring contract requirements.

(h) Actively participate in the programs and activities of the local Mi

nority Business Opportunity Committees (MBOC) and assist the Minority Business Development Centers (MBDC), where applicable. Become aware of and participate in locally sponsored workshops, conferences, trade fairs, etc., which are held to apprise small, minority and women-owned firms about current and projected contracting opportunities.

(i) Periodically meet with program managers to discuss the section 8(a), small, minority and women-owned business programs and the impact which their requirements can have to achieve progress. Explore the feasibility of breaking large complex requirements into smaller lots suitable for participation by small, minority and women-owned firms. Encourage program managers to meet with these firms so that their capabilities can be demonstrated.

(j) Establish internal operating procedures which implement the requirements of the regulations as set forth in this Part 419. Compile data and prepare all reports pertaining to the small, minority and women-owned business activities. Ensure that these reports are accurate, complete and up-to-date. [49 FR 12120, Mar. 28, 1984, as amended at 50 FR 14198, Apr. 10, 1985)

419.201-72 Goals.

(a) The Department is required by Pub. L. 95-507, Section 221, Executive Order 12138 (May 18, 1979) and Executive Order 12073 (August 16, 1978) to establish fiscal year goals for the procurement preference programs. Goals shall be reviewed and approved by the Director, Office of Small and Disadvantaged Business Utilization (OSDBU). HCA's and staff office directors whose programs generate contract requirements shall submit to the Director, OSDBU, the following data no later than August 1 of each fiscal year:

(1) An estimate of the total dollar amount of all prime contracts regardless of dollar value to be awarded during the fiscal year, including awards to non-profit organizations, educational institutions, all transportation services and real property leases. Do not include foreign military sales, contracts to be awarded and performed en

small,

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