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available for the acquisition of similar property or services and not otherwise obligated, or appropriations made for such cancellation payments.

(d) Any multiyear contract awarded pursuant to this subsection shall not exceed 5 years, including options, in accordance with FAR Subpart 17.2

Subpart 617.2-Options

617.201 Definitions.

617.201-70 DOSAR Definitions.

Evaluated option means an option that is evaluated for award purposes by adding the total price for the option(s) to the total price for the basic equirement.

Priced option means an option where the prices for the option quantities or performance periods are specified in the contract at the time of award and the option prices are not subject to renegotiation or adjustment at the time the option is exercised unless an economic price adjustment clause is included in the contract.

Unevaluated option means an option that is not included in the evaluation for award purposes.

Unpriced option means an option where the prices for the option quantities or performance periods are not specified in the contract at the time of award and the option prices are negotiated at the time the option is exercised.

ply with the requirements of FAR 5.207 and the option was evaluated, a synopsis of the option before it is exercised is not required. An evaluated and priced option that was properly synopsized as provided at FAR 5.207 meets the full and open competition requirements of FAR Subpart 6.1 or the requirements of FAR Subpart 6.2 for full and open competition after exclusion of sources.

(b) If the synopsis for the original contract action did not describe the option provisions, or the original contract action was synopsized on a sole source basis, or in those instances where an unevaluated option was included in the contract, the option must be synopsized in accordance with FAR 5.207 before the option can be exercised. Any such unpriced option, option included in a contract awarded on a sole source basis, or unevaluated option is considered a new acquisition and the justification requirements of FAR Subpart 6.3 must be met before the option is exercised.

Subpart 617.5-Interagency AC

quisitions Under the Economy Act

617.502 General.

The authority to make the determination prescribed in FAR 17.502 is delegated to the head of the contracting activity (see 601.603-70).

617.207 Exercise of options. 617.207–70 Synopsis and competition

requirements. (a) If the synopsis for the original contract action described the option provisions in sufficient detail to com

Subpart 617.6-Management and

Operating Contracts 617.602 Policy.

The Assistant Secretary for Administration is the agency head for the purposes of FAR 17.602.


Subpart 619.2-Policies

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619.201 General policy.

(a) The Director, Office of Small and Disadvantaged Business Utilization (OSDBU), is responsible for performing all functions and duties prescribed in FAR 19.201 (c) and (d).

(b) In addition to the requirements of FAR 19.201(b), each head of the contracting activity (see 601.603–70), or designee, is responsible for establishing in coordination with the OSDBU director annual goals for the DOS small and disadvantaged business program.

(c) The Under Secretary for Management is the agency head for the purposes of FAR 19.201(c).

(d) Pursuant to FAR 19.201(d), each Small and Disadvantaged Business Utilization Specialist (SDBUS) is responsible for

(1) Maintaining a program to locate capable small business, small disadvantaged business, and women-owned business sources to fulfill DOS acquisition requirements;

(2) Coordinating inquiries and requests for advice from small business, small disadvantaged business, and women-owned business sources on DOS contracting and subcontracting opportunities and other acquisition matters;

(3) Advising contracting activities on new or revised small business, small disadvantaged business, womenowned business policies, regulations, procedures, and other related information;

(4) Assuring that small business, small disadvantaged business and women-owned business concerns are provided adequate specifications or drawings by initiating actions, in writing, with appropriate technical and contracting personnel to ensure that all necessary specifications or drawings for current and future acquisitions, as appropriate, are available;

(5) Reviewing all proposed acquisitions in excess of $25,000 to assure that small business, small disadvantaged business, and women-owned business sources will be afforded an equitable opportunity to compete and, as appropriate, initiating recommendations for

619.705 Responsibilities of the contracting

officer under the subcontracting assist

ance program. 619.705–3 Preparing the solicitation. 619.7054 Reviewing the subcontracting

plan. 619.705-6 Postaward responsibilities of the

contracting officer. 619.705-6-70 Reporting responsibilities.


Subpart 619.8-Contracting with the Small Business Administration (the 8(a) Program)

619.801 General. 619.803 Selecting acquisitions for the 8(a)

program. 619.803–70 Responsibilities of the Office of

Small and Disadvantaged Business Utili

zation (OSDBU). 619.870 Acquisition of technical require

ments. AUTHORITY: 22 U.S.C. 2658; 40 U.S.C. 486(c); 48 CFR Subpart 1.3.

SOURCE: 53 FR 26170, July 11, 1988, unless otherwise noted.


small business or small disadvantaged women-owned business concerns are business set-asides;

fully considered; (6) Assuring that contract financing (16) Advising potential sources how available under existing regulations is they can obtain information about offered when appropriate and that re- competitive acquisitions; quests by small business concerns for (17) Providing small business, small such financing are not treated as a disadvantaged bus ess, and womenhandicap in the award of contracts; owned business sources information re(7) Providing assistance to the con

garding assistance available from Fedtracting officer in making determina- eral agencies such as the Small Busitions concerning responsibility of pro

ness Administration, Minority Busispective contractors whenever small ness Development Agency, Bureau of business concerns are involved;

Indian Affairs, Economic Development

Administration, National (8) Participating in the evaluation of

Science a prime contractor's small business

Foundation, Department of Labor and and small disadvantaged business sub

others, including State agencies and contracting plans;

trade associations; and (9) Assuring that the participation of

(18) Partici ting in interagency prosmall business, small disadvantaged

grams relating to small business, small business, and women-owned business

disadvantaged business, and labor surconcerns is accurately reported;

plus area matters as authorized by the

OSDBU director. (10) Attending, appropriate, debriefings to unsuccessful small business and small disadvantaged business

Subpart 619.4-Cooperation with concerns to assist those firms in under

the Small Business Administration standing requirements for responsiveness and responsibility so that the firm

619.402 Small Business Administration

procurement center may be able to qualify for future


tiv awards; (11) Making available to SBA copies

619.402–70 DOS designee. of solicitations when so requested; (12) When a bid or offer from a small

Where the FAR requires action by a

Small Business Administration probusiness, small disadvantaged business, or women-owned business has been re

curement center representative, but jected for

one has not been assigned to the DOS nonresponsiveness or nonresponsibility, upon request, aid,

contracting activity, the OSDBU direccounsel, and assist that firm in under

tor shall perform the action so standing requirements for responsive

quired. ness and responsibility so that the firm may be able to qualify for future Subpart 619.5-Set-Asides for awards;

Small Business (13) Participating in Government-industry conferences to assist small busi

619.505 Rejecting set-aside

ommendations. ness, small disadvantaged business and women-owned business concerns, in- The Procurement Executive is the cluding Business Opportunity/Federal agency head for the purposes of FAR Acquisition Conferences, Minority 19.505. Business Enterprises Acquisition Seminars and Business Opportunity Com- Subpart 619.6-Certificates of mittee meetings;

Competency and Determina(14) Maintaining a list of supplies and tions of Eligibility services that have been placed as repetitive small business set-asides;

619.602 Procedures. (15) Participating in the development, implementation, and review of

619.602-1 Referral. automated source systems to assure The contracting officer shall transthat the interests of small business, mit to the OSDBU director concursmall disadvantaged business, and rently with the submission to the ap



propriate SBA Regional Office, a copy 295, Summary Subcontracting Report, of the documentation supporting the for the quarterly submissions, and determination that a small business Standard Form 294, Subcontracting Reconcern is not responsible, as required port for Individual Contracts, for the by FAR 19.602-1(a).

semiannual submissions. The head of

the contracting activity shall forward Subpart 619.7-Subcontracting these reports to the OSDBU director,

with Small Business and Small not later than the 30th day of the Disadvantaged Business Con- month following the close of the recerns

porting period. 619.706 Responsibilities of the con- Subpart 619.8-Contracting with

tracting officer under the sub- the Small Business Administracontracting assistance program.

tion (the 8(a) Program) 619.706-3 Preparing the solicitation.

619.801 General. Whenever the clause at FAR 52.219-9, Small Business and Small Disadvan

The Procurement Executive is the taged Business Subcontracting Pro

agency head for the purpose of FAR gram, is used in a solicitation for a ne

19.801(b)(2). gotiated acquisition, a notification also must be included in the solicita

619.803 Selecting acquisitions for the

8(a) program. tion. This notification shall advise prospective offerors that subcontracting

619.803–70 Responsibilities of the Ofplans may be requested from all con- fice of Small and Disadvantaged cerns determined to be in the competi- Business Utilization (OSDBU). tive range.

OSDBU shall review the capabilities 619.706-4 Reviewing the subcontract

of 8(a) concerns and disseminate that ing plan.

information to DOS program and contracting personnel. As

necessary, OSDBU shall review subcontracting

OSDBU shall obtain from the SBA or plans to determine if small and small disadvantaged businesses are afforded

8(a) concerns supplemental informathe maximum practicable opportunity

tion for DOS program and contracting

personnel. to participate subcontractors. OSDBU shall recommend to the con

619.870 Acquisition of technical retracting officer changes needed to sub

quirements. contracting plans found to be deficient.

(a) Offering Letter. When a decision 619.706-6 Postaward responsibilities has been made by the OSDBU and conof contracting officer.

tracting officer to process an acquisi

tion through the SBA under the 8(a) 619.706-6-70 Reporting responsibil

program, the contracting activity shall ities.

promptly send to the applicable SBA (a) The contracting officer shall for- office a letter offering the acquisition ward to the OSDBU director a copy of to the SBA, with an information copy each subcontracting plan that was in- to the SDBUS. The offering letter corporated into a contract or contract should transmit the statement of work, modification. Each contracting activ- purchase description, technical data ity shall maintain a list of its active package, or specifications and such prime contracts that contain sub- other information deemed necessary by contracting plans.

the contracting officer. (b) Contracting officers shall collect (b) The contracting officer has greatsubcontracting data from contractors er latitude in holding discussions with required to establish subcontracting the concerns solicited under an 8(a) plans in support of small and small dis- program acquisition than under a nonadvantaged business concerns. This 8(a) program acquisition. The technical data shall be collected quarterly and evaluation must be carefully reviewed semiannually, using Standard Form to determine if any source declared to


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