§ 11-1.508-2 Failure or refusal to furnish Standard Form 119.

(a) If an award has not been made or offer accepted, a request for determination whether the bid or offer should be rejected will be requested from the chief officer responsible for procurement.

(b) If the contract has been awarded, a request for determination will be made to the chief officer responsible for procurement as to what further action will be taken. This request will include all pertinent information, contracting officer's recommendations and, if available, a local legal review of the case.

§ 11-1.508-3 Misrepresentations or violations of the covenant against contingent fees.

(a) Determination of whether the bid or offer should be rejected will be made as set forth in § 11-1.508-2.

(b) Action to enforce the convenant will be taken only upon the written recommendation of the appropriate local legal staff.

(c) Future eligibility will be established by forwarding a summary and statement of all the pertinent facts of each case to the chief officer responsible for procurement with appropriate recommendations.

(d) A summary and statement of all the pertinent facts of each case will be submitted to the chief officer responsible for procurement for a final determination of whether or not the case should be referred to the Department of Justice.

Subpart 11-1.6-Debarred and
Ineligible Bidders

§ 11-1.606 Agency procedures.

(a) When the public interests warrant debarment of a firm or individual for any of the causes listed in § 1-1.604 (a), Coast Guard Contracting Officers will submit a detailed report to the Commandant (FS) for review and action as necessary for effecting debarment.

(b) The Commandant (FS), U.S. Coast Guard, Washington 25, D.C., will be responsible for collecting and distributing debarment information to Coast Guard Contracting Officers and to other Government agencies as required.

(c) The notice of debarment on those debarments made under provisions of §1-1.604(a), or the Buy American Act and any removals from such debarments by the Coast Guard shall be furnished to GSA by the Commandant (FS).

(d) The Commandant (FS) shall maintain the following list of debarred and ineligible bidders:

(1) GSA Refer list.

(2) Department of Labor circular letters.

(3) Master file of Coast Guard debarment actions.

(4) NAVEXOS P-1205.

(e) Any inquiry or administrative determinations required concerning any debarred bidder by Coast Guard Contracting Officers will be processed through the Commandant (FS).

(f) Due to its extensive coverage, Navy publication NAVEXOS P-1205 shall be used as the official list of debarred, ineligible, and suspended contractors by Coast Guard Contracting Officers. Supplemental list will be promulgated by the Commandant (FS), when necessary, to furnish information regarding firms or individuals debarred by the Coast Guard or other agencies which are not included in NAVEXOS P-1205 but which are to be observed by the Coast Guard. (14 U.S.C. 633, 10 U.S.C. ch. 137) [CGFR 64– 26, 29 F.R. 6495, May 19, 1964, as amended by CGFR 66-27, 31 F.R. 9457, July 12, 1966]

Subpart 11-1.7-Small Business
Concerns

AUTHORITY: The provisions of this subpart 11-1.7 issued under 14 U.S.C. 633, 10 U.S.C. Ch. 137.

§ 11-1.708-2 Applicability and procedure.

If the contracting officer has any doubt as to whether the unsatisfactory record of performance can reasonably be attributed solely to lack of capacity or credit, the matter shall be discussed with the local SBA representative. If the local SBA representative is of the opinion that the unsatisfactory record of performance is attributable solely to a lack of capacity or credit, and the contracting officer disagrees, the contracting officer shall forward the matter to Commandant (F) for resolution and final decision. The contracting officer will be informed of the final decision by Commandant (F).

[CGFR 65-48, 31 F.R. 821, Jan. 21, 1966] § 11-1.708-3 Conclusiveness of certificate of competency.

Contracting officers shall accept SBA certificates of competency as conclusive of a prospective contractor's responsibility as to capacity, unless the contracting officer has substantial doubts as to the firm's ability to perform, in which case he shall, prior to award, promptly refer the matter to Commandant (F), including all supporting facts and an indication of the degree of urgency of the proposed award. In such cases, the SBA may be requested to consider the withdrawal of the certificate and, in any event, the contracting officer will be informed by Commandant (F) of the final decision.

[CGFR 65-48, 31 F.R. 821, Jan. 21, 1966]

(a) In addition to the provisions of Subpart 1-1.7 of this title for total setasides, the chief officer responsible for procurement on 27 June 1960 entered into a Joint Class Set-Aside for small business (Class Set-Aside No. USCG-C1) providing that: All construction contracts for the construction, maintenance, or repair of shore structures within the United States, valued at $200,000 or less, entered into by the various contracting officers of the U.S. Coast Guard, be limited to small business concerns, exception being made for those contract requirements wherein the contracting officer makes a written determination that there are less than three small business firms that are available to bid on the required work.

(b) A decision not to use Class SetAside USCG-C-1 due to a determination that there are less than three small business firms that are available to bid on the required work or any other reasons such as unreasonable cost as set forth in Subpart 1-1.7 of this title will be made with concurrence of the representative of the nearest SBA field office. Where concurrence of the SBA field office cannot be obtained and time permits, all the pertinent facts will be forwarded to the chief officer responsible for procurement for a decision and action as necessary. When time does not permit, procurement may be processed as provided for in § 1-1.706-2(a) (2) of this title.

(c) In procurements involving Class Set-Aside USCG-C-1, each invitation for bid or request for proposals shall contain the notice set forth in § 1-1.706-5(c) of this title changing the words "contracting officer" to "chief officer responsible for procurement." Synopsis for publicizing procurement actions will contain the provisions set forth in § 1-1.1003-7(b) (6) of this title. At the time of initial distribution, one complete set of the invitations for bid or request for proposals shall be forwarded to Small Business Administration (WPC), 1325 K Street NW., Washington, D.C., 20417. The face of all copies of the invitations for bids or requests for proposals will clearly and conspicuously indicate "Class Set-Aside USCG-C-1."

[CGFR 64-34, 29 F.R. 7384, June 6, 1964]

66-090 O-67-33

Subpart 11-1.8-Labor Surplus Area Concerns

§ 11-1.807 Report on preference procurement in labor surplus areas.

Reports required by § 1-1.807 will be

forwarded to the Commandant (FS) within 15 days following the close of each quarter identified by Reports Control Symbol FS-6131. The Commandant (FS) will submit a consolidated report for the Coast Guard, to the Office of Administrative Services, Treasury Department, by the 30th day of the month fol

practices which, in the opinion of Commandant (CL), may violate the antitrust laws shall be forwarded to the Attorney General of the United States. Reports of such bids or proposals should not be there is some reason to believe that those submitted automatically, but only when bids or proposals may not have been arrived at independently.

(10 U.S.C. 2301-2314, 14 U.S.C. 633) [CGFR 65-48, 31 F.R. 821, Jan. 21, 1966]

Subpart 11-1.10-Publicizing
Procurement Actions

(14 U.S.C. 633, 10 U.S.C. Ch. 137) [CGFR 64-73, 29 F.R. 16255, Dec. 4, 1964]

Subpart 11-1.9-Reporting Possible

Antitrust Violations

§ 11-1.901 General.

Where bids or proposals are received and, in the opinion of the contracting officer, are indicative of possible antitrust violations, he shall report such circumstances to Commandant (CL), through Commandant (F). Such reports shall be submitted with conformed copies of bids or proposals, contract documents and other supporting data, as required by §§ 1-1.902 and 1-1.903 of this title. Evidence of noncompetitive bid

tion.

(a) Public information. In order that information may be given to the public with respect to the larger unclassified contracts awarded, Contracting Officers will issue synopses of award data to their public information officers for release to newspapers, newscasters, and other public information media.

(b) Bureau of Census. The Commandant (ECV) will prepare and furnish to the Director, Bureau of Census, Washington 25, D.C., Construction Contract Award Information (Form 16-19) for all Coast Guard construction contracts awards of $25,000 or more.

(14 U.S.C. 633, 10 U.S.C. Ch. 137) [CGFR 64-26, 29 F.R. 6496, May 19, 1964]

Federal and Military Qualified Products Lists (FQPL or MQPL) are developed for items procured for Government and military use when one or more of the following conditions exist:

(a) The time required for testing after award would normally delay delivery of the supplies being purchased.

(b) The cost of repetitive testing would be excessive.

(c) The tests would require expensive or complicated testing apparatus not commonly available.

(d) The interest of the Government requires assurance, prior to award, that the product is satisfactory for its intended use.

(e) The determination of acceptability would require performance data to supplement technical requirements contained in the specification.

§ 11-1.1151 Procurement of qualified products when inadequate competition exists.

(a) General. It is not intended that the use of a qualified products list will impose unnecessary restrictions on a full and free competition in the procurement of such products. Therefore, appropriate requirements provide that (1) publicity be given to the intention to establish such lists; (2) lists always be open for inclusion of products of additional manufacturers; and (3) manufacturers be given the opportunity and be urged to submit their products for qualification. However, it will not always be possible to qualify products of sufficient suppliers in time to assure automatically that adequate competition will exist in any given procurement of their items. When these circumstances exist, procurements must be handled carefully to avoid restrictions which may later appear arbitary or unnecessary or which may not be sustainable as in the best interests of the Government.

(b) Action by contracting officers. If the contracting officer considers that the number of suppliers on a qualified products list is inadequate either (1) in view of the number of sources normally available for such items or (2) because of the current procurement volume for such items, he will notify the cognizant qualifying activity and request additional sources be developed. A copy of the correspondence will be forwarded to Commandant (FS). When specific procurements of qualified products are contemplated, the applicable qualified products list will be reviewed for adequacy prior to inviting bids or soliciting proposals. If, in the opinion of the contracting officer, the number of sources is inadequate, one of the following courses may be appropriate.

(1) Status of tests. The contracting officer may obtain from the cognizant qualifying activity the status of tests on additional products, either contemplated or in process at that time, and the date such tests will be completed. With this information, it may be possible to schedule the opening of bids or receipt of proposals to follow completion of the tests.

(2) Substitution for qualification approval. The contracting officer may request instructions from the cognizant qualifying activity regarding the possibility of substituting in any particular procurement, some means other than qualification approval to assure the requisite quality. As an example, it may be practicable to substitute a requirement for preproduction samples and thereby permit consideration of bids or proposals offering products which have not been tested to date. In no event, however, will the qualification requirement be waived without permission of the cognizant qualifying activity or custodian.

(3) Negotiation of contract. If there is only one supplier on the list and it is impossible to develop additional sources, the contracting officer will consider the use of negotiation under Subpart 11-3.2 of this title in lieu of formal advertising. (c) Action by qualifying activities. Qualifying activities have been instructed to assist contracting officers in their endeavors to assure adequate competition by responding promptly and completely to requests for information or instruc