sive of a prospective contractor's responsibility as to capacity and credit. The SBA will make the following distribution of such certificates of competency:

(a) Original to the cognizant HEW procurement office;

(b) Carbon copy to the operating agency's headquarters procurement office.

§ 3-1.713 Contracts with the Small Business Administration.

[37 FR 15153, July 28, 1972]

§ 3-1.713-1 Authority.

The SBA will make the following distribution of such certificates of competency:

(a) Original to the cognizant HEW procurement office;

(b) Carbon copy to the operating agency's headquarters procurement office; and

(c) Carbon copy to the Office of Minority Business Assistance (OMBA), OASAM.

[37 FR 15153, July 28, 1972]

§ 3-1.713-2 Policy.

(a) Every possible effort shall be made by both procurement and program personnel to seek out, counsel, and advise minority business enterprises. One of the methods to be used will be the review of the "National Roster of Minority Professional Consulting Services" to associate requirements with the capabilities of the concerns listed (see section 2.d, Exhibit X8-15-2 of the HEW General Administration Manual). The procuring activity shall then notify the SBA 8(a) office of those concerns which appear to be acceptable.

(b) Minority concerns interested in doing business with the Department should be apprised of the section 8(a) program and OMBA. In addition, they should be advised of SBA's role in the implementation of the program and directed to the Office of Business Development, Small Business Administration, 1441 L Street NW., Washington, DC 20416, or the most convenient

field office thereof as listed in Exhibit X3-1.713-2-1.

[37 FR 15153, July 28, 1972]

§ 3-1.713-3 Procurement of supplies, services, and research and development. (a) Notification. Within 10 working days after receipt of the procurement package, SBA will contact the procuring activity to establish a mutually agreeable schedule for subsequent negotiation of the 8(a) contract. If SBA has not contacted the procuring activity within this period, the procuring activity within this period, the procuring activity will notify SBA of its intent to proceed with the procurement without further regard to the section 8(a) procedures unless additional time is requested by SBA and such additional time can be granted, considering the urgency of the requirements.

(b) Provisions of contracts with SBA. (1) Forms HEW-554, -555, and -556, shall be prepared for contracts which pertain exclusively or primarily to the procurement of nonpersonal or professional services, and appropriate HEW general provisions shall be incorporated in such contracts.

(2) The execution and distribution of procurement documents within the Department shall be in accordance with HEWPR 3-50.4.

[37 FR 15153, July 28, 1972]

§ 3-1.713-50 Reporting requirements.

(a) Headquarters procurement activities shall report all procurement transactions under section 8(a) to the Office of Minority Business Assistance, OASAM, in duplicate form. Each report shall cover the period of 1 calendar month and shall be submitted so as to arrive in OMBA not later than 10 working days after the close of each reporting period.

(b) Reports shall include: (1) The date each requirement was offered to the 8(a) office; (2) a brief description of each requirement; (3) the estimated dollar amount of each requirement; (4) current status of each requirement including such explanatory information as may be required (e.g., "withdrawn due to urgency of program needs," "8(a) unable to provide suitable subcontractor," "final offer un

Region

Las Vegas, Nev. 89101

Fresno, Calif. 93721

300 Las Vegas Blvd., South, Room 4-104 (702) 385-6271.

....... Federal Bldg., 1130 O St., Room 4015 (209) 487-5189.

1149 Bethel St., Room 402 (808) 546-8950. Ada Plaza Center Bldg. (—) 777-8420**.

849 South Broadway (213) 688-2977. 112 North Central Ave. (602) 261-3611. 110 West C St. (714) 293-5430.

710 2d Ave., 5th Floor, Dexter Horton Bldg. (206) 442-5676.

1016 West 6th Ave., Suite 200, Anchorage Legal Center (907) 272-5561**. 503 3d Ave. (907) 452-5101**.

216 North 8th St., Room 408 (208) 3422516.

921 Southwest Washington St. (503) 2261018.

Courthouse Bldg., Room 651 (509) 4563781.

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, HEW procurement activities shall provide appropriate small business specialists or procurement personnel to participate in person-to-person counseling by such conferences. Ordinarily, participation by procurement activities will be restricted to conferences held within the geographical area adjacent to their procurement offices.

§ 3-1.752 Contracts with minority business firms.

[37 FR 15153, July 28, 1972]

§ 3-1.752-1 General.

This section sets forth the policy and procedures for contracting with minority business enterprises other than under section 8(a) of the Small Business Act.

[37 FR 15153, July 28, 1972]

§ 3-1.752-2 Authority.

Executive Order 11458, dated March 5, 1969, established the Office of Minority Business Enterprises in the Department of Commerce. Executive Order 11625, dated October 13, 1971, superseding Executive Order 11458, clarifies the authority of the Secretary of Commerce (a) to implement Federal policy in support of the minority business enterprise program; (b) to provide additional technical and management assistance to disadvantaged businesses; (c) to assist in demonstration projects; and (d) to coordinate the participation of all Federal departments and agencies in an increased minority enterprise effort. [37 FR 15153, July 28, 1972]

§ 3-1.752-3 Policy.

It is the policy of DHEW, to the maximum extent practicable, to foster and assist in the establishment or growth of minority owned and controlled business concerns so that they may become self-sustaining, viable competitive enterprises.

[37 FR 15153, July 28, 1972]

§ 3-1.752-4 Procedures.

Until such time as the Secretary of Commerce prescribes specific procedures designed to implement Executive Order 11625, procuring activities shall follow the procedures set forth in Subpart 1-1.13 of the Federal Procurement Regulations.

[37 FR 15153, July 28, 1972]

§ 3-1.752-5 Reporting requirements.

(a) Procurement statistics on known minority enterprises other than 8(a) will be gathered to the extent practicable without violating laws or rights of individuals concerned. Information requested will be solely on a voluntary basis and refusal to furnish such information will not be a basis for granting or denying consideration relative to instant or future awards.

(b) Headquarters procurement activities shall report all minority procurement transactions to the Office of Minority Business Assistance (OMBA), OASAM, in duplicate form. Each report shall cover the period of 1 calendar month and shall be submitted so as to arrive in OMBA not later than 10 working days after the close of each reporting period.

(c) Reports of minority procurements from other than 8(a) sources shall include the (1) name and address of each contractor; (2) contract number; (3) brief description of each requirement; (4) date and dollar amount of each award; and (5) identification of contractor as profit or nonprofit organization. Negative reports, if any, are required.

[37 FR 15153, July 28, 1972]

Subpart 3-1.12-Responsible Prospective Contractors

SOURCE: 37 FR 3353, Feb. 15, 1972, unless otherwise noted.

§ 3-1.1200 Scope of subpart.

This subpart implements the policies set forth in FPR 1-1.12 concerning the responsibility of prospective contractors, minimum standards for responsible prospective contractors, requirements and procedures for the determination of responsibility, and policies regarding the determination of subcontractor responsibility.

§ 3-1.1203 Minimun standards for responsible prospective contractors.

§ 3-1.1203-2 Additional standards.

In addition to the standards set forth in FPR 1-1.1203-1 and -2, 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 are determined by the contracting officer to be adequate to permit the effective administration of the type of contract if proposed, particularly 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, when the contractor has responsibility for such material.

§ 3-1.1204 Determination of responsibility or nonresponsibility.

§ 3-1.1204-1 Requirement.

(a) The signing of the contract shall be deemed to be evidence of the con