Subpart 9-1.12 Responsible Prospective Contractors §9-1.1200 Scope of subpart. 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: (c) 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. (d) Have adequate financial resources. 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 contract 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 contract is responsible within the meaning of FPR 1– 1.1202, the contract file shall indicate the basis for such determination. (b) If the Contracting Officer determines a prospective contractor to 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 Small Business Concerns Owned and Controlled by Socially and Economically Disadvantaged Individuals 89-1.1300 Scope of subpart. This subpart implements and supplements the policies applicable to the participation of Small Disadvantaged Business Concerns in Government procurement, at the prime and subcontract level, as set forth in FPR Subpart 1-1.13. 89-1.1310 Subcontracting with small disadvantaged business concerns. See §9-1.710 for guidance relative to subcontracting plans. 13-136 0-83--4 Subpart 9-1.16 Reports of Identical Bids $9-1.1603 Reporting requirements. 89-1.1603-3 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 9-1.51 Considerations in Selecting Award §9-1.5100 Scope of subpart. This subpart provides guidance on the appropriate use of award instruments consistent with the Federal Grant and Cooperative Agreement Act of 1977, Pub. L. 95–224 and OMB implementation of this Act as published in the Federal Register August 18, 1978 (41 FR 36860). $9-1.5101 Applicability. This subpart applies to all program and individual transactions where the choice of award instruments is within the administrative discretion of DOE and is not otherwise proscribed or limited by law. §9-1.5102 Selection criteria. (a) A variety of award instruments is available as the means for defining the terms and conditions, and the nature of the relationship between DOE and eligible recipients. The award instruments are intended to be different in purpose, application, content, and nature. When properly employed, they create different relationships between the parties. Because of these differences, the decision to use a particular instrument to implement a particular purpose must be made deliberately. The determination of whether a program, to be implemented through individual transactions, is principally one of acquisition or assistance will be made at a DOE policy level. DOE Secretarial Officers will ensure that this determination is either made or reviewed at a policy level. (b) Procurement contracts. A procurement contract shall be used as the legal instrument to reflect a relationship between the Federal Government and a state or local government or other recipient whenever (1) the principal purpose of the instrument is the acquisition by purchase, lease, or barter, of property, or services for the direct benefit or use of the Federal Government; or (2) whenever DOE determines in a specific instance that the use of a type of procurement contract is appropriate. (c) Grants. A type of grant agreement shall be used as the legal instrument to reflect a relationship between the Federal Government and a state or local government or other recipient whenever the principal purpose of the relationship is the transfer of money, property, services, or anything of value to the state or local government or other recipient in order to accomplish a public purpose of support or stimulation authorized by Federal statute, rather than acquisition, by purchase, lease, or barter, of property or services for the direct benefit or use of the Federal Government; and no substantial involvement is anticipated between DOE, acting for the Federal Government, and the state or local government or other recipient during performance of the contemplated activity. (d) Cooperative agreements. A type of cooperative agreement shall be used as the legal instrument to reflect a relationship between the Federal Government and a state or local government or other recipient whenever the principal purpose of the relationship is the transfer of money, property, services, or anything of value to the state or local government or other recipient to accomplish a public purpose of support or stimulation authorized by Federal statute, rather than acquisition by purchase, lease, or barter, of property or services for the direct benefit or use of the Federal Government; and substantial involvement is anticipated between DOE, acting for the Federal Government, and the state or local government or other recipient during performance of the contemplated activity. (e) Any public notice, solicitation, or request for applications or proposals should indicate whether the intended relationship will be one of procurement or assistance and state that the applicable DOE procurement regulations will govern if a procurement contract is entered into |