As provided in the Small Business Act (15 U.S.C. 637(b) (7)), procurement agencies are required to accept SBA certificates of competency as conclusive 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. (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 develop ment. (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 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 unreasonably high," "awarded"); (5) contract number; (6) name of con tractor; and (7) date and dollar amount of award, as applicable. Negative reports, if any, are required. [37 FR 15153, July 28, 1972] EXHIBIT X3-1.713-2-1 8BA FIELD OFFICES—ADDRESSES AND TELEPHONE NUMBERS Region Boston, Mass. 02203. Buffalo, N.Y. 14203. Rochester, N.Y. 14604. Philadelphia, Bala Cynwyd, Pa. 19004. Wilmington, Del. 19801....... Baltimore, Md. 21201. Pittsburgh, Pa. 15222. RO.. DO. DO...... John F. Kennedy Federal Bldg., Room 2113 (617) 223-6660 326 Appleton St. (413) 781-2268. Federal Bldg., 40 Western Ave., Room 512 (207) 622-6225. 55 Pleasant St., Room 213 (603) 224-7724. Federal Bldg., 450 Maine St., Room 710 (203) 244-2511. 57 Eddy St., Room 710 (401) 528-4580. 26 Federal Plaza, Room 3930 (212) 264-1450. 225 Ponce do Leon Ave. (809) 765-0404. 970 Broad St., Room 1636 (201) 645-3580. Hunter Plaza, Fayette and Salina Sts., Room 308 (315) 473-3460. Federal Bldg., 121 Ellicott St., Room 9 (716) 842-3462. 11 North Pearl St., Home Savings Bank Bldg., Room 911 (518) 472-4411. Chamber of Commerce Bldg., 55 St. Paul St. (716) 546-4900. 1 Decker Square, East Lobby, Suite 400 (215) 597-3201. 901 Market St., Room 818, Market Tower Bldg. (302) 658-6518. Federal Bldg., Hopkins Plaza, Room 1113 (301) 962-2150. 109 North 3d St., Room 301, Lowndes Bldg. (304) 624-1365. Courthouse and Federal Bldg., 500 Quarrier St., Room 3410 (304) 343-1227. Federal Bldg., 1000 Liberty Ave., Room 1401 (412) 644-2784. Federal Bldg., 400 North 8th St., Room 3015 (703) 783-2741. 1310 L St. NW., Room 720 (202) 382-3541. 1401 Peachtree St., NE., Room 441 (404) 526-5679. 908 South 20th St., Room 202 (205) 325-3981. 222 South Church St., Room 500, Addison Bldg. (704) 372-7448. 1801 Assembly St., Room 117 (803) 253-3373. Post Office and Courthouse Bldg., 245 East Capital St., Room 314 (601) 948-2333. 2500 14th St., Room 406, Security S&L Bldg. (601) 863-6171. Federal Bldg., 400 West Bay St., Room 261 (904) 791-2181. Federal Bldg., 600 Federal Pl., Room 188 (502) 582-5978. Federal Bldg., 51 Southwest 1st Ave., Room 912 (305) 350-5533. Federal Bldg., 500 Zack St., Room 513 (813) 228-7711. 500 Union St., Room 301 (615) 749-5880. 502 South Gay St., Room 307, Fidelity Bankers Bldg. (615) 524-4534. Federal Bldg., 167 North Main St., Room 101 (901) 534-3588. Federal Bldg., 219 South Dearborn St., Room 437 (312) 353-4490. 502 East Monroe St., Ridgely Bldg., Room 816 (217) 5 25–4232. 1240 East 9th St., Room 5524 (216) 522-4182. 50 West Gay St. (614) 469-7310. Federal Bldg., 550 Main St. (513) 684-2814. 1249 Washington Blvd., Room 1200, Book Bldg. (313) 226-7240. 201 McClellan St. (906) 225-1108. 36 South Pennsylvania St., Room 108, Century Bldg: (317) 633-7124. 25 West Main St., Room 303, Reimann Bldg. (608) 256-4761. 735 West Wisconsin Ave., Room 905, Strauss Bldg. (414) 244-3941. 500 South Barstow St., Room 16, Federal Office Bldg. and U.S. Courthouse (715) 834-9012. 12 South 6th St., Plymouth Bldg. (612) 725-2341. 1100 Commerce St., Room 300 (214) 749-1263. Fe deral Bldg. and Courthouse, 500 Gold Ave. SW. (505) 843-2871. 1015 El Paso Rd., First National Bank Tower, Room 223 (505) 843-0311**. 808 Travis St., Room 1210, Niels Esperson Bldg. (713) 2264341. Post Office and Courthouse Bldg. West Capital Ave., Room 377 (501) 372-5871. 1205 Texas Ave. (806) 747-3462. 109 North Oregon St., Suite 417, El Paso National Bldg. (915) 533-5494. Region EXHIBIT X8-1.713-2-1-Continued SBA FIELD OFFICES ADDRESSES AND TELEPHONE NUMBERS Continued 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 re 219 East Jackson St., (512) 423-8933. Post Office and Customhouse Bldg., Room 8,701 North 505 East Travis St., Room 201, Travis Terrace Bldg. 124 Camp St., Room 505, Gateway Bldg. (504) 527-2744. 30 North Hudson St., Room 501, Mercantile Bldg. (405) 2314301. 301 Broadway, Room 300, Manion Bldg. (512) 225-4746. 911 Walnut St., 24th Floor (816) 374-3316. New Federal Bldg., 210 Walnut St., Room 749 (515) 284- Federal Bldg., 215 North 17th St., Room 7419 (402) 221-3620. 300 North Center St., Room 3, Western Bldg. (307) 285-3269. Federal Bldg., 125 South State St., Room 2237 (801) 5245804. National Bank Bldg., 8th and Main Ave., Room 402 (605) 336-2231. Federal Bldg., 450 Golden Gate Ave. (415) 556-7487. Ada Plaza Center Bldg. (-) 777-8420**. 710 2d Ave., 5th Floor, Dexter Horton Bldg. (206) 442-5876. stricted to conferences held within the geographical area adjacent to their procurement offices. § 3-1.752 Contracts with minority busi- [37 FR 15153, July 28, 1972] 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; 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 selfsustaining, 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: 87 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 Minimum 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 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. (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 contracting officer's affirmative determination that a contractor is responsible within the meaning of FPR 1-1.1202. In the event that a contracting officer determines a prospective contractor to be nonresponsible within the meaning of FPR 1-1.1202, a written determination to this effect shall be made by the contracting officer and placed in the contract file. (See FPR 1-1.708 and HEWPR 3-1.708-2 if a small business concern is involved.) Subpart 3-1.16-Reports of Identical § 3-1.1603 Bids Reporting requirements. [35 F.R. 19752, Dec. 80, 1970] § 3-1.1603-3 Submission of reports. (a) In order to ensure expeditious submission, contracting officers shall forward reports required by 1-1.1603 directly to the Attorney General, Ref. AT-IBR, Washington, D.C. 20530. (b) A copy of each identical bid report shall be submitted promptly to the Division of Procurement and Materiel Management, OASA-OGS. [35 F.R. 19752, Dec. 80, 1970] Subpart 3-1.52-Safety and Health SOURCE: The provisions of this Subpart 3-1.52 appear at 35 FR. 16921, Nov. 8, 1970, unless otherwise noted. § 3-1.5200 Scope of subpart. This subpart prescribes (a) the use of a safety and health clause in contracts involving hazardous materials or operations, and (b) procedures for developing and administering safety and health provisions. terials or operations, the procuring activity shall require the prime contractor and subcontractors to: (a) Provide protection for the life and health of HEW employees, contractor employees, other persons involved with work on HEW programs and projects, and the public; (b) Avoid accidental work interruptions which could delay progress of HEW programs and projects; (c) Maintain controls for the prevention of damage and loss to property; and (d) Accumulate and provide data necessary for analysis of risk and loss factors relating to HEW programs and projects. (a) Procuring activities. Procuring activities shall use the example set forth in § 3-1.5205(b) as a guide in developing appropriate safety and health clauses for use in prospective contracts involving the following: (1) Services or products; (2) Research, development, or test projects; (3) Transportation of hazardous materials; and (4) Construction, including construction of facilities on contractor's premises. (b) Safety officers. Safety officers of operating agencies shall advise and assist initiators of procurement requests and contracting officers in: (1) Determining whether safety and health provisions should be included in a prospective contract; (2) Selecting or developing safety and health clause provisions for incorporation in a prospective contract; (3) Evaluating prospective contractor's safety and health programs; and (4) Conducting post award review and surveillance to the extent deemed necessary. (c) Iniiators. Initiators of procurement requests for items described in paragraph (a) of this section shall: (1) During the preparation of a request for procurement: (i) Ensure that hazardous materials and operations to be utilized in the performance of the contract are clearly identified, and (11) Coordinate with appropriate safety officer to ensure that all hazardous materials and operations are evaluated and that adequate safety requirements |