nee,

When, in the judgment of the head of the procuring activity or desiga particular procurement falling within these dollar limits is unsuitable for a set-aside for exclusive small business participation, the head of the procuring activity or designee shall notify the appropriate SBA representative of this decision. Unless SBA appeals the decision, the contracting officer shall proceed to process the procurement on an unrestricted basis. Small business set-aside preferences should be considered for construction procurements in excess of $2 million, on a case-by-case basis, favoring such preferential participation of small business whenever appropriate.

$9-1.705-7 Performance of contract by SBA.

(a) Full consideration will be given to contracting with SBA in order to foster or assist in the establishment or the growth of small business concerns designated by the SBA. The objective is that these concerns become self-sustaining, competitive entities within a reasonable period of time.

(b) The Small Business Administration has delegated to its field offices authority to handle contracts and subcontracts under section 8(a) of the Small Business Act. Heads of procuring activities or designees should assure full cooperation with SBA in efforts to place procurements with firms which are eligible for subcontract awards by SBA under section 8(a). They shall take the necessary steps to:

(1) invite appropriate SBA field representatives to identify needs for 8(a) contracts and to provide for cooperation and assistance on the part of ERDA in verifying the availability or nonavailability of requirements, funding, and other pertinent factors; and

(2) propose any requirements which appear to offer potential opportunity for contracting with SBA under authority of section 8(a) of the Small Business Act, for consideration by appropriate SBA field representatives.

(3) Work-out detailed arrangements for handling individual 8(a) contracts with SBA offices, consistent with FPR 1-1.712. Any problems relating to contracting with the Small Business Administration which cannot be readily resolved between heads of procuring activities and Regional Directors of SBA should be reported to the senior procurement official, Headquarters.

$9-1.706 Procurement set-asides for small business.

$9-1.706-5 Total set-asides.

It is ERDA policy to use the method of procurement known as "small business restricted advertising" for contracts involving total

set-asides unless there are circumstances which make conventional negotiation necessary.

$9-1.708 Certificate of competency program.

$9-1.708-3 Conclusiveness of certificate of competency.

ERDA shall accept SBA certificates of competency as conclusive of a prospective contractor's responsibility as to capacity, credit, tenacity or perseverance.

$9-1.709 Records and reports.

Reports covering pertinent information concerning small business, minority business enterprises, and contracts placed with SBA under authority of Section 8(a) of the SBA Act, shall be prepared in accordance with ERDA-PR 9-53.

$9-1.710 Subcontracting with Small Business concerns.

Heads of procuring activities or designees shall appoint persons under their jurisdiction to serve as liaison officers who will administer the small business subcontracting program.

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, heads of procuring activities will designate, as appropriate, small business specialists or procurement personnel to participate in person-toperson counseling at such conferences. Ordinarily, participation by procurement activities will be restricted to conferences held within the geographical area of the procurement office.

$9-1.807

Subpart 9-1.8 Labor Surplus Area Concerns

Records and reports.

A report containing summary data on ERDA procurement in labor surplus areas as set forth in FPR 1-16.804-3(d)(2), and FPR 1-16.804-4

shall be inputted by heads of procuring activities or designees into the ERDA automated information system not later than the first working day after the close of each quarter.

$9-1.901

Subpart 9-1.9 Reporting Possible Antitrust Violations

General.

The procedures prescribed in FPR Subpart 1-1.9 apply to all procurement on a competitive basis, and shall be applied to cost-type contractor procurement.

$9-1.902 Documents to be transmitted.

The Office of the General Counsel is responsible for reporting cases of possible antitrust violations to the Attorney General. Heads of procuring activities shall furnish two copies of the documents referred to in FPR 1-1.902 to the Office of the General Counsel and one copy to the senior procurement official, Headquarters.

Subpart 9-1.10 Publicizing Procurement Actions

$9-1.1004 Synopsis of contract awards.

Procuring activities shall forward, by mail, one copy of the synopsis of contract award, as required by FPR 1-1.1004, to Headquarters, Office of Public Affairs.

$9-1.1101

Subpart 9-1.11 Qualified Products

Procurement of qualified products.

(a) This subpart prescribes policies and procedures for the procurement of qualified products established by the Government.

(b)

Whenever procurement of qualified products is to be made by formal advertising, the contracting officer shall insert in invitations for bids the provision contained in FPR 1-1.1101(b). This provision may be modified with the advice of counsel for use in requests for proposals.

$9-1.1150 Distribution of qualified products lists.

Qualified products lists are distributed by GSA directly to Headquarters and field offices. These lists shall be redistributed to those persons authorized to use them. Heads of procuring activities shall maintain records of distribution of the lists. Extra copies may be obtained through the senior procurement official, Headquarters.

Subpart 9-1.12

Responsible Prospective Contractors

$9-1.1200 Scope.

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:

(a) 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.

(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, such as special nuclear materials, when the contractor has responsibility for such material.

(a) While 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, 9-1.313(b)(6) requires the file to 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 Minority Business Enterprises

$9-1.1300 Scope.

and

This subpart implements and supplements the policies, procedures, contract clauses applicable to the participation of minority

business enterprises in Government procurement, at the prime and subcontract level, as set forth in FPR Subpart 1-1.13.

$9-1.1310 Subcontracting with minority business enterprises.

Heads of procuring activities or designees shall appoint persons under their jurisdiction to serve as liaison officers who will administer the minority business enterprises subcontracting program.

Subpart 9-1.16 Reports of Identical Bids

$9-1.1603 Reporting requirements.

$9-1.1603-3

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 9-1.50 Change Orders, Equitable Adjustment, and Supplemental Agreements for Fixed-Price Contracts

$9-1.5000 Scope.

This subpart sets forth the circumstances under which change orders, other unilateral-type contract modifications, and supplemental agreements are to be used in connection with fixed-price contracts, and outlines general procedures to be followed in the preparation and negotiation of such modifications, including determination of necessary equitable adjustments in price or performance time.

$9-1.5001 General policy.

Change orders and supplemental agreements to fixed-price contracts will be handled expeditiously and economically without sacrificing sound contract administration or lessening the opportunity for proper consideration of all pertinent factors in effecting equitable adjustments and settlements.

$9-1.5002 Applicability.

The policies and procedures set forth in this subpart apply to all fixed-price prime contracts.

$9-1.5003 Definitions.

For the purpose of this subpart, the following terms have the meanings set forth in this section: