Subpart 14-1.6-Debarred, Suspended and Ineligible Bidders § 14-1.602 Establishment and maintenance of a list of firms or individuals debarred, suspended, or declared ineligible. The Office of Survey and Review shall maintain a consolidated list of firms and individuals debarred or suspended as required by § 1-1.602. The list and all correspondence relating thereto are for administrative use only and are not to be disclosed to the public. The list will show the authority for and terms of the debarment or suspension. § 14-1.603 Treatment to be accorded firms or individuals in debarred, suspended, or ineligible status. Administration of current contracts in all phases may be continued, and payment of funds due may be made, notwithstanding the listing of a contractor, unless otherwise directed by the Assistant Secretary for Administration. The Assistant Secretary for Administration shall take action, when required, under § 1-1.603 of this title. § 14-1.604 Causes and conditions applicable to determination of debarment by an executive agency. Determination to debar or take any other action concerning a firm or individual for a cause or condition for a specified period of time as provided in § 1-1.604 of this title shall be made by the Assistant Secretary for Administration. Whenever cause for debarment becomes known to the head of a bureau or office, or a contracting officer thereof, the matter shall be submitted, with the recommendations of the head of the bureau or office, to the Assistant Secretary for Administration for appropriate action. § 14-1.604-1 Procedural requirements relating to the imposition of debarment. All actions required by this section shall be taken by the Assistant Secretary for Administration. § 14-1.605 Suspension of bidder. § 14-1.605-1 Causes and conditions under which executive agencies may suspend contractors. All actions required by this section shall be taken by the Assistant Secretary for Administration. § 14-1.702 Small business policies. Heads of bureaus and offices shall follow the specific small business policies in order to further the general policy stated in this section and in carrying out the purposes of the Small Business Act, as amended, in accordance with § 1-1.705 of this title. § 14-1.706 Procurement set-aside for small business. § 14-1.706-1 General. It is the policy of Interior that each proposed contract with an estimated value of $2,500 to $500,000 for construction (including repair, maintenance and alteration) shall be considered to be initiated for award to a small business concern. The clause "Listing of Subcontractors" required by § 14-7.602-50 of this chapter shall be included in all contracts, both negotiated and formally advertised, for building construction and alteration work to be performed in the United States and estimated to cost in excess of $150,000 and involving the building trades subcontracting activities. § 14-2.203 Methods of soliciting bids. § 14-2.203-3 Publicity in newspapers and trade journals. Paid advertising: Pursuant to 5 U.S.C. 22a contracting officers are delegated the authority vested in the Secretary to authorize the publication of advertisements, notices, or proposals in accordance with § 1-2.203-3 of this title. In soliciting bids for the purchase of supplies or services, the contracting officer shall determine whether advertising in newspapers is necessary in order to cover adequately the field of competition. The (a) Whenever such action is determined by the contracting officer to be in the best interest of the Government, bid openings may be postponed by issuance and distribution to all prospective bidders of an amendment (see § 1-2.207 of this title) to the invitation for bids. Notices of postponement shall be issued by mail or telegraph as early as possible and prior to the time specified for the opening of bids. However, when emergencies or unanticipated events of the type referred to in paragraph (c) of this 14-2.207-50 occur, and the use of normal bid postponement procedures is impracticable, bid openings may be postponed without prior notice to prospective bidders. The new time and date set for the opening of bids shall be as soon thereafter as practicable. Where circumstances will permit, prior notice of the new time and date set for the opening of bids shall be given to all prospective bidders originally solicited. (b) Bid openings shall be postponed when an important segment of prospective bidders requests additional time for filing their bids, or the contracting officer is on notice, or has reason to believe, that the specified opening date is not appropriate or is not conducive to the maximum practicable competition. (c) Bid openings may be postponed, if determined by the contracting officer to be in the best interest of the Government, when an emergency interrupts the normal governmental processes so as to make the conduct of bid openings as scheduled impracticable, or when the contracting officer has reason to believe that the bids of an important segment of bidders have been delayed in the mails for causes beyond their control, and without fault or negligence of the bidders concerned, such as, but not limited to, flood, fire, accident, heavy snow, or strikes. (d) Under the circumstances described in this § 14-2.207-50, bids and modifications received before the new time and date set for the opening of bids shall be considered for award. Bids and modifications received thereafter shall be handled in accordance with the provisions of §§ 1-2.303 and 1-2.305 of this title regarding late bids and modifications. § 14-2.405-50 Other irregularities in bids. When a prompt decision is necessary or desirable as a prerequisite to the awarding of a contract, contracting officers are authorized to submit other irregularities directly to the Comptroller General. When time will permit, consultation with members of the Office of the Solicitor, either at its headquarters or regional or field office, shall be accomplished prior to submission of the request. A copy of the letter, with attachments, if any, to the Comptroller General requesting a decision shall be forwarded simultaneously to the Director, Office of Survey and Review. § 14-2.406 Mistakes in bids. § 14-2.406-3 Other mistakes disclosed before award. (a) The Director of Survey and Review, Office of the Assistant Secretary for Administration, is delegated authority to make the determinations under § 1-2. 406-3 (a) (1), (2), and (3) of this title. (b) Each proposed determination shall be approved by the Solicitor, or by an Associate or Assistant Solicitor, or comparable legal officer of the Department. (c) The evidence furnished by the bidder in support of the alleged mistake shall include the original worksheets and shall be accompanied by a certification of genuineness in the form of a statement of identification by the bidder, preferably signed before a notary public. Otherwise, the evidence of mistake may lack the conviction essential to relief. § 14-2.406-4 Disclosure of mistake after award. (a) The Director of Survey and Review, Office of the Assistant Secretary for Administration, is delegated authority to make the determinations under § 12.406-4 (a), (b), and (c) of this title. (a) Determination. It is determined by the Secretary that contracts or purchases negotiated under § 1-3.201 during the national emergency which exists by reason of Presidential Proclamation No. 2914 of December 16, 1950 (3 CFR) are in the public interest. (b) Application. Contracts in excess of $100,000 shall be submitted to the Secretary for approval prior to execution by the Contracting Officer. Contracts over $25,000 and not in excess of $100,000 may be approved by the heads of bureaus or offices but this responsibility cannot be redelegated. § 14-3.203 Purchases not in excess of $2,500. When determining whether the amount involved in any one transaction does not exceed $2,500, the full purchase price is controlling. Any prompt payment discount or trade-in value of any article to be offered in exchange is not to be deducted when making this determination. § 14-3.211 Experimental, developmen tal, or research work. § 14-3.303 Determinations and findings by the head of the agency. The determination that the making of advance payments would be in the public interest required under § 1-3.302(d) shall be made by the Secretary. § 14-3.4 Types of contracts. § 14-3.408 Letter contract. (a) Limitation of use. A letter contract shall not be used unless it is found that no other type of contract is suitable. In the event a bureau or office considers that a letter contract should be employed, the matter shall be submitted to the Assistant Secretary for Administration (through the appropriate Assistant Secretary) for review and approval in advance of actual use. (b) Limitation of effectiveness. A letter contract shall be superseded by a definitive contract not more than 90 days from the date of its execution unless prior approval is obtained from the Assistant Secretary for Administration to extend the duration of the letter contract beyond 90 days. (c) Limitation of liability. The maximum liability of the Government stated in a letter contract shall not exceed 50 percent of the total estimated cost of the procurement, except in cases where the cost of specialized equipment or materials (such as mechanical or electrical) to be acquired by the contractor as a part of the contract exceeds 50 percent of the total estimated cost thereof. The cost of the specialized equipment and material shall be the limitation in those cases where it exceeds the 50 percent limitation. When written quotations are solicited for small purchases ($2,500 or less), Standard Form 18, Request for Quotations, shall be used (see Subpart 1-16.2). It is not necessary to furnish prospective suppliers a copy to be retained unless requested by a supplier or it is known that a copy is desired. When Standard Form 18 is used by a purchasing activity, it constitutes merely a request for price quotations and is not an offer to purchase. § 14-3.604 Imprest funds (petty cash) method. § 14-3.604-3 Agency responsibilities. It shall be the responsibility of bureaus and offices to establish appropriate procedures and guidelines for the use, control and safekeeping of imprest funds within their respective organizations. It shall also be the responsibility to review periodically each fund established with a view toward making sure there is a continuing need and that amounts of funds are not in excess of actual requirements. § 14-3.604-4 Use of imprest funds. Imprest funds shall be utilized to the fullest extent practicable for all small purchases of supplies and nonpersonal services. It is essential that authority to make small purchases be at the lowest practical operating level. § 14-3.8 Price negotiation policies and techniques. § 14-3.802 Preparation for negotiation. Contracts for professional architectural or engineering services. Whenever a contract for professional architectural or engineering services is to be negotiated, a board consisting of three or more qualified employees shall be appointed by the head, deputy or associate, or assistant head of the bureau or office involved. To promote appearance and fact of complete impartiality, the contracting officer may participate as a selection board member only when the bureau or office head finds that there are exceptional circumstances in a given case which compel designation of the contracting officer. PART 14-6-FOREIGN PURCHASES Subpart 14-6.1-Buy American Act-Supply and Service Contracts Sec. 14-6.104-3 Certificate. 14-6.104-4 Evaluation of bids and proposals. 14-6.105 Excepted articles, materials, and supplies. Subpart 14-6.2-Buy American Act- 14-6.204 Invitation provision and representations by bidder. AUTHORITY: The provisions of this Part 14-6 issued under sec. 205(c), 63 Stat. 390; 40 U.S.C. 486 (c). SOURCE: The provisions of this Part 14-6 appear at 33 F.R. 7037, May 10, 1968, unless otherwise noted. Subpart 14-6.1-Buy American Act— Supply and Service Contracts § 14-6.104-3 Certificate. Invitations for bids and requests for proposals shall require that each bid or proposal include the following representations: REPRESENTATIONS BY BIDDERS PURSUANT TO THE "BUY-AMERICAN" ACT (See Clause 14 of the General Provisions, Standard Form 32) 1. If the bidder represents that the articles, materials, and supplies he proposes to furnish are domestic source end products as defined in Clause 14 of the General Provisions, he shall check the box at the end of this paragraph 2. If the bidder represents that the articles, materials, and supplies he proposes to furnish are "Not" domestic source end products as defined in Clause 14 of the General Provisions, he shall check the box at the end of this paragraph_-- All bidders must check the box at the end of either paragraph 1 or 2 above. 3. A bidder who checks paragraph 1 above, but who proposes to furnish domestic source end products containing components of foreign origin the cost of which exceeds 5 percent of the bid price, shall furnish in the spaces below a complete list of components of foreign origin in sufficient detail to clearly identify each: COMPONENTS OF FOREIGN ORIGIN 1 1 Continue listing on reverse side if necessary. |