(7) Notice of debarment. (i) A written notice imposing debarment will be sent by certified mail, return receipt requested, to the firm or individuals by the Director, Supply Service. It will set forth the scope and period of debarment together with the circumstances upon which the debarment was based. of debarment (ii) The imposition upon a firm or an individual by the Director, Supply Service, shall be final and conclusive except that the firm or individual so debarred may seek relief in a court of competent jurisdiction. [30 F.R. 4673, Apr. 10, 1965, as amended at 31 F.R. 12718, Sept. 29, 1966; 31 F.R. 16199, Dec. 17, 1966; 32 FR 7912, June 1, 1967] § 8–1.605 Suspension of bidders. The procedures in FPR 1-1.605 to 11.605-4, inclusive, will be used by the Veterans Administration in considering the suspension of a firm or individuals. [31 F.R. 16199, Dec. 17, 1966] § 8-1.605-1 Causes and conditions under which executive agencies may suspend contractors. A firm or individuals may be suspended only under the causes and conditions in FPR 1-1.605-1. Only the Director, Supply Service, may suspend a firm or individual. [31 F.R. 16199, Dec. 17, 1966] § 8-1.605-4 Notice of suspension. The notice of suspension shall be sent by certified mail, return receipt requested, to the firm or individuals. A suspension may be imposed upon the mailing of such notice. However, the firm or individuals may, at any time, submit information in opposition to such suspension and such information shall be considered. [31 F.R. 16199, Dec. 17, 1966] § 8-1.606 Agency procedure. Debarment or suspension action may be initiated by any contracting officer. The recommendation for debarment or suspension together with a statement of the cause or conditions (see FPR 1-1.604 and 1-1.605-1), suggested term of debarment or suspension and documentary evidence to support the recommendation will be submitted to the appropriate department or staff head. Pending disposition of the recommendation, no awards will be made to the firm or individual recommended for debarment or suspension. The department or staff head con cerned will review the adequacy of the Subpart 8-1.7-Small Business SOURCE: The provisions of this Subpart 8-1.7 appear at 36 F.R. 25099, Dec. 29, 1971, unless otherwise noted. § 8-1.700 General. This subpart implements and supplements FPR 1-1.7. It sets forth the Veterans Administration small business program, including unilateral set-asides and minority business participation. It establishes responsibility for making such determinations, reviewing determinations and evaluation of the program. § 8-1.702 Small business policies. It is the policy of the Veterans Administration to carry out, to the maximum extent feasible, the small business policies of the Government as expressed in the Federal procurement regulations and the Small Business Act. § 8-1.704 Agency program and operation. § 8-1.704-1 Program direction. direction (a) The Director, Supply Service, Department of Medicine and Surgery, is responsible for the overall supervision of the Veterans' Administration small business program. (b) The Deputy Director, Supply Service, will develop and manage the Veterans' Administration small business program; advise the Director, Supply Service, and department and staff heads on small business problems; and represent the Veterans' Administration before other Government agencies on matters affecting small business. (c) The Deputy Assistant Administrator for Construction will develop and coordinate the agency small business program as it affects construction projects with the Deputy Director, Supply Service. (d) The Chief Benefits Director, Manager, Administrative Services, Director, Canteen Service, and Manager, VA Marketing Center, will designate an employee of their respective organizations to serve as a small business officer. The name, telephone number, and mail routing symbol of each designee will be forwarded to the Deputy Director, Supply Service. (a) Except as provided in paragraphs (b), (c), (d), and (e) of this section, the Director, Supply Service, is responsible for the purchasing and contracting aspects of this program in connection with the procurement of supplies, equipment, and services. He is responsible for the compilation and submission of all reports required by the program. (1) The Chief, Purchase and Contract Division, Supply Service, Central Office, is responsible for the purchasing, contracting and reporting aspects of this program as they apply to contracts and purchases made by his division. He is also responsible for advising and counseling field station contracting officers in the various facets of the small business program. (2) The Manager, VA Marketing Center; Managers, VA Supply Depots; Executive Officer, VA Supply Subdepot, Bell, California; and the Chiefs Supply and Business Services Divisions, at Veterans Administration field stations are responsible for the purchasing, contracting and reporting aspects of this program at their respective installations. (b) The Assistant Administrator for Construction is responsible for the purchasing and contracting aspects of this program as they apply to (1) contracts awarded by a contracting officer assigned to his office, and (2) construction projects assigned by him to the Chief Medical Director for solicitation, award and administration of the resulting contract by a field station. (c) The Manager, Administrative Services, is responsible for the purchasing and contracting aspects of this program as they apply to contracts to be awarded by (1) Building and Supply Service, Central Office; and (2) Publications Service. (d) The Chief Benefits Director is responsible for the purchasing and contracting aspects of this program as they apply to contracts to be awarded by the Department of Veterans Benefits. (e) The officials named in paragraphs (b), (c), and (d) of this section are responsible for assuring that the semi annual reports required by FPR 1-16.804-3 and § 8-16.804-3 are prepared and submitted on the dates specified. (f) Personnel authorized by Central Office directives and manuals, other than Chapter 8, Title 41, Code of Federal Regulations, to procure services are responsible for assuring that all such purchases are routed through their Supply or Business Services Division, for inclusion in the semiannual reports required by FPR 1-16.804-3 and § 8-16.804-3. § 8-1.704-3 Program operations. Each Veterans Administration contracting officer delegated contracting authority by Chapter 8, Title 41, Code of Federal Regulations, a Central Office directive or other Veterans Administration Manual will take positive action to encourage participation in the program by small business entities. He will actively seek the names of possible contractors from the appropriate SBA regional office and consult with local business associations and large contractors who utilize such small business entities as subcontractors. As used in this subpart the following terms have the following meanings: (a) "Small business" means those firms meeting the criteria established in FPR 1-1.701 through 1-1.705, and those designated as small by the SBA. (b) "Head of procuring activity" means the Chief, Purchase and Contract Division, Central Office; Project Directors, Office of the Assistant Administrator for Construction; Director, Building and Supply Service, Central Office; Director, Publications Service, Central Office; Chiefs, Marketing Divisions, VA Marketing Center; and the Chief, Supply or Business Services Division, at a field station. (c) "Principal procurement officer" means the contracting officer in each procuring activity who has been delegated contracting authority in accordance with 88-75.101(b), another VA Manual or Central Office directive. (d) "Minority" means those people who are (1) Negro or Black, (2) American Indian, (3) Oriental, (4) Aleut, (5) Eskimo, (6) Mexican American, (7) Puerto Rican, (8) Cuban or (9) of Central or South American origin. (e) "Minority owned business" means a domestic business 50 percent of which is owned by minority group members, or in the case of a publicly owned business, § 8-1.705-7 Performance of contract The Administrator, in implementation of the desires of the President and Congress to enhance the sharing of the Nation's minorities in the free enterprise system, has pledged the full participation of the Veterans Administration in achieving this goal. He has, through his Committee on Minority Business Enterprise, established dollar goals to be achieved by this agency in the award of contracts during the current and succeeding years. To achieve these goals, it is essential that each contracting officer exercise his best efforts to determine which of his requirements can be channeled into this program. (a) Section 8(a) of the Small Business Act (15 U.S.C. 637(a)) authorizes the Veterans Administration to enter into contracts with the SBA. The latter agency is, in turn, authorized to enter into subcontracts with minority small business entities who are capable of performing these contracts. When a determination is made that a station's requirements can be handled under this program, the contracting officer will make this fact known to the proper official of the appropriate SBA regional office. (b) To assure the widest participation of the Veterans Administration in this program, the head of each procuring activity will contact local business and social organizations composed of minority groups, to secure the names of companies owned or operated by minority groups or individuals who are capable of and willing to participate in the program. He will instruct these people in the proper manner to register as suppliers with the SBA and take positive steps to assure that such minority businesses are given an opportunity to bid on Veterans Administration requirements either directly or through SBA. (c) Minority businesses disclosed by the actions set forth in paragraph (b) of this section will be furnished Standard Forms 129, on which the following will be inscribed: The business entity submitting this offer (is) (is not) a minority owned business. This certification is furnished for statistical purposes only and is not a condition for bidding nor a restriction upon eligibility for award. The above certification shall also be included in all invitations for bids, requests for quotations and requests for proposals. (d) No contract will be entered into with SBA under section 8 (a) of the Small Business Act (15 U.S.C. 637(a)) unless a certification is made by the Administrator of that agency, or his designee, that SBA is competent to perform the contract. (e) When it is determined that the requirements of the Veterans Administration are appropriate for inclusion in this program, the contracting officer will make this fact known to the proper official of the SBA regional office serving his area. If the certification required by paragraph (d) of this section is received, the Veterans Administration contracting officer will secure from SBA the name(s) and location(s) of their subcontractor(s) and the unit price(s) to be paid. Should these prices be within a range acceptable to the Veterans Administration, the contracting officer will enter into negotiations with SBA to determine the terms and conditions of the contract. (f) The contract will be made between the Veterans Administration and SBA and will be administered by the Veterans Administration. Funds will be obligated prior to execution of the contract and payment will be made direct to the SBA subcontractor(s). § 8-1.705-50 Contracting with SBA for supplies, equipment and services other than construction. (a) Contracts for supplies, equipment and services other than construction will be prepared on Standard Form 33, Solicitation, Offer, and Award, and Standard Form 36, Continuation Sheet, in the same manner as any other prime contract. However, the following changes will be made in these forms: (1) Standard Form 33, Block 6, enter "15 U.S.C. 637(a)". (2) Standard Form 36, insert the following clause: It is agreed that the provisions of the "Termination for Convenience of the Government", "Changes", "Disputes" and "Default" clauses which are included in the contract between the Small Business Administration and the Veterans Administration shall be invoked against the subcontractor in appropriate cases when requested by the 183 Veterans Administration Contracting Officer. If the Small Business Administration does not agree with the Contracting Officer's request, the case shall be referred to the Deputy Director, Supply Service, for resolution. (b) The Veterans' Administration contracting officer will forward the prime contract to the SBA in sufficient numbers to furnish two copies to SBA and one copy to each subcontractor. (c) The SBA will prepare and submit to its subcontractor(s) for signature Standard Form 26, Award/Contract. They will furnish two signed copies of the Standard Form 26, to the Veterans' Administration contracting officer for filing and distribution. § 8-1.705-51 Contracting with SBA for construction projects (field stations). Station level construction projects which have been selected by the Administrator's Committee on Minority Business Enterprise, or which have been identified by the station contracting officer for inclusion in this program, will be contracted for as provided in this section. (a) The contracting officer will submit, for each project so identified, the complete project listing including technical specifications, drawings and wage rates to the proper official of the appropriate SBA regional office. Should SBA select a competent subcontractor capable of performing the work, they will so certify to the Veterans' Administration contracting officer. They will furnish him the name and complete address of the subcontractor(s), the project involved and the price(s) quoted. If the price quoted is within the range acceptable to the Veterans' Administration, the station contracting officer will enter into negotiation with SBA to determine the terms and conditions of the contract. For the purpose of this program Standard Form 23, regardless of the cost involved, will be used for both the prime contract with SBA and the subcontract with the subcontractor selected by SBA. (b) Standard Forms 23, 25, and 25A will be prepared and forwarded to the SBA regional office for completion by that agency and its subcontractor. In addition sufficient copies of Standard Forms 19A, 19B, and 23A will be attached to the original and each copy of both the prime contract and subcontract. Prior to the release of these forms to SBA the following will be inserted in the Standard Form 23. (hereinafter called the Subcontractor) shall for and in the stead of the Small Business Administration fulfill and perform all of the requirements of the Prime Contract for the consideration stated therein. The Subcontractor acknowledges that he has read and is familiar with each and every part of the Prime Contract (see reverse). (11) Alterations. (A) By subcontracting, pursuant to the provisions of section 8(a) of the Small Business Act, as amended, the Small Business Administration (hereinafter called SBA) agrees to furnish the materials and services set forth in this contract according to the specifications hereof. (B) SBA has delegated to the Veterans' Administration (hereinafter called the VA) the responsibility for administering its subcontract hereunder. This includes issuance of orders, inspection, and acceptance by VA representatives and direct payment by VA. (2) Subcontract—(1) Administrative data. The Small Business Administration has delegated to the Veterans' Administration (hereinafter called VA) the responsibility for administering its subcontract hereunder. This includes issuance of orders, inspection, and acceptance by VA representatives and direct payment by VA. (11) Alterations. (A) The Small Business Administration (hereinafter called SBA) has entered into contract 1 (hereinafter called the Prime Contract) with the Veterans' Administration (hereinafter called VA) for the performance of the work required under this subcontract. (B) The parties to the Prime Contract hereby agree that (hereinafter called the Subcontractor) shall for and in the stead of SBA, fulfill and perform all the requirements of the Prime Contract. The Subcontractor acknowledges that he has read and is familiar with each and every part of the Prime Contract and that he agrees to perform all work required under the provisions of this contract for the consideration stated herein. A copy of the Prime Contract is attached hereto and made a part hereof. (C) Payment shall be made directly to the Subcontractor by VA. (D) The Subcontractor further understands and agrees that the responsibility for administering the subcontract has been delegated to the VA. NOTE 1 Enter name and complete address of the Subcontractor. * Enter contract number. Enter name of Subcontractor. (c) On receipt of the Standard Forms 23 signed by both the SBA and the subcontractor, and the performance and payment bonds, the contracting officer will forward a notice to proceed to the subcontractor. Each Veterans Administration contracting officer will exercise his best efforts to identify those commodities or services required by the Veterans Administration, that are capable of being furnished or rendered by a small business entity. He will determine in cooperation with an SBA representative, where possible, whether or not a particular procurement or class of procurements will be set aside, in whole or in part, for exclusive small business participation. In the event an SBA representative is not available, a unilateral determination will be made by the contracting officer. Each determination will be reviewed by the head of the specific procuring activity and either approved or disapproved. Should there be a difference of opinion on such determinations the matter will be referred to the Deputy Director, Supply Service, for resolution. The Deputy Director will, when necessary, refer the matter to SBA as provided in FPR 1-1.706-2. § 8-1.706-2 Review of SBA set-aside proposals. When a recommendation is made by an SBA representative to set aside either an individual procurement or a class of procurements, the contracting officer will either accept or reject the recommendation. If rejected, the reasons therefor will be documented and submitted to the head of the procuring activity for review. If the rejection is upheld by the reviewing authority his decision, reduced to writing, will be transmitted to the SBA representative for necessary action in accordance with FPR 1-1.706-2. Pending resolution of the dispute, procurement action will be suspended except as provided in FPR 1-1.706-2(a) (2). (b) Each proposed procurement for construction, including alteration, maintenance, and repairs, in excess of $2,000 and under $500,000 shall be considered individually as though SBA had initiated a set-aside request. When, in the judgment of the contracting officer, a particular project falling within these dollar limits is determined unsuitable as a setaside for exclusive small business participation pursuant to FPR 1-1.7 of this title, he shall notify the Director, Supply Service, of his decision. Unless the Director, Supply Service, or his designee, disagrees with the contracting officer's decision, the contracting officer shall proceed to process the procurement on an unrestricted basis. § 8-1.706-6 Partial set-asides. When, in accordance with the provisions of FPR 1-1.706-6, it is determined that a particular procurement will be partially set-aside for exclusive small business participation, the solicitation for bids will have, whichever of the following statements is applicable, placed on the face page. (a) Notice of partial small business set-aside, page applies to Item in this solic itation. through Item |