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termination of the subcontract; or increase clauses are to be incorporated in the the obligation of the Government beyond

contract in full text. what it would have been if the subcontract

(b) Certain contract clauses are manhad contained an appropriate clause. (End of Clause)

datory for FEGLI Program contracts.

Other clauses are to be used only when Subpart 2152.3-Provision and made applicable by pertinent sections Clause Matrix

of the FAR or LIFAR. An "M" in the

“Use Status” column indicates that 2162.370 Use of the matrix.

the clause is mandatory. An “A” indi(a) The matrix in this section lists

cates that the clause is to be used only the FAR and LIFAR clauses to be used

when the applicable conditions are with the FEGLI Program contract. The

met.
FEGLI PROGRAM CLAUSE MATRIX

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Title

Use status
Definitions

M
Officials Not to Benefit

M
Gratuities

M
Covenant Against Contingent Fees

M
Restrictions of Subcontractor Sales to the Government. M
Anti-kickback Procedures

M
Requirement for Certificate of Procurement Integrity M

Modification
Limitation on Payments to Influence Certain Federal M

Transactions.
Misleading, Deceptive, or Unfair Advertising

M
Protecting the Government's Interest When Sub-M

contracting with Contractors Debarred, Suspended,

or Proposed for Debarment.
Certification Regarding Dabarment, Suspension, Pro-M

posed Debarment, and Other Responsibility Matters.
Investment Income
Notice of Significant Events
Examination of Records by Comptroller General
Audit—Negotiation
Price Reduction for Detective Cost or Pricing Data
Subcontractor Cost or Pricing Data
Termination of Defined Benefit Pension Plans
Facilities Capital Cost of Money
Waiver of Facilities Capital Cost of Money

А
Reversion or Adjustment of Plans for Post-retirement | A

Benefits (PRB) Other Than Pensions.
Contractor Records Retention
Fixed Price With Limited Cost Redetermination Risk A

Charge.
Fixed Price With Limited Cost Redetermination ServA

ice Charge.
Utilization of Small Business Concerns and Small Dis-M

advantaged Business Concerns.
Utilization of Women-Owned Small Businesses
Utilization of Labor Surplus Area Concerns
Notice to the Government of Labor Disputes
Convict Labor
Contract Work Hours and Safety Standards Act-Over-M

time Compensation General.
Certification of NonSegregated Facilities
Previous Contracts and Compliance Reports
Affirmative Action Compliance
Equal Opportunity
Equal Opportunity Preaward Clearance of Subcontracts M
Notification of Visa Denial

А
Affirmative Action for Special Disabled and Vietnam Era M

Veterans.
Affirmative Action for Handicapped Workers
Employment Reports on Special Disabled Veterans and M

Veterans of the Vietnam Era
Clean Air and Water

А
Drug Free Workplace

M
Confidentiality of Records

M
Authorization and Consent

M

FAR 23.105(b)
FAR 23.505(c)
2124.104–70
FAR 27.201-2(a)

FEGLI PROGRAM CLAUSE MATRIX—Continued
Text reference

Title

Use status
FAR 27.202-2
Notice and Assistance

А
FAR 28.311-2 Modifica Insurance Liability to Third Persons

M
tion: 2128.370
2131.270
Accounting and Allowable Cost

M
FAR 32.111(c)(2)

Limitation on Withholding of Payments (Modified) M
FAR 32.617 Modification: Interest

M
2132.617
FAR 32.806(a)(1) Assignment of Claims
FAR 32.908(d)
Electronic Funds Transfer Payment Method

M
2132.171
Payments ........

M
2132.772
Non-Commingling of FEGU Program Funds

M
2132.806
Approval for Assignment of Claims

M
FAR 33.214
Disputes (Alternate 1)

M
2137.110
Continuity of Services

M
FAR 42.802
Notice of Intent to Disallow Costs

M
FAR 42.903
Bankruptcy

M
2143.205
Changes FEGLI Program Contract

M
FAR 44.204(e)
Competition in Subcontracting

M
2144.204
Subcontracts

M
FAR 45.106(b)(1)
Government Property (Fixed-Price Contracts)

M
FAR 46.304
Inspection of Services Fixed-Price

M
FAR 46.805(a)(4)
Limitation of Liability Services

M
2146.270–1
Quality Assurance Requirements

M
FAR 47.405
Preference for U.S. Flag Air Carriers

M
FAR 49.502(b)(1) Termination for Convenience of the Government (FixedM

Price).
FAR 49.504(a)(1) Default (Fixed-Price Supply and Service)

M
FAR 49.505(d)
Excusable Delays

M
2149.505-70
Renewal and Termination

M
FAR 51.107
Government Supply Sources

A
FAR 52.107(d)
Alterations in Contract

M
FAR 52.107(1)
Authorized Deviations in Clauses

M

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PART 2209–CONTRACTOR

QUALIFICATIONS

financial or guarantee assistance, nor do they apply to SBA's small business set aside or Section 8(a) programs.

Subpart 2209.4-Debarment, Suspension, and Ineligibility

Sec. 2209.400 Scope. 2209.401 Applicability. 2209.402 Policy. 2209.403 Definitions. 2209.405 Effect of listing. 2209.405–1 Continuation of current COD

tracts. 2209.405–2 Restrictions on subcontracting. 2209.406 Debarment. 2209.406-1 General. 2209.406–2 Causes for debarment. 2209.4063 Procedures. 2209.406 4 Period of debarment. 2209.406-5 Scope of debarment. 2209.407 Suspension. 2209.407-1 General. 2209.407-2 Causes for suspension. 2209.407-3 Procedures. 2209.407-4 Period of suspension. 2209.407–5 Scope of suspension.

AUTHORITY: Sec. 5(b)(6) of the Small Business Act, 15 U.S.C. 634(b)(6).

SOURCE: 49 FR 28849, July 17, 1984, unless otherwise noted.

2209.402 Policy.

(a) SBA shall solicit offers from, award contracts to, and consent to subcontracts with responsible business concerns and individuals only. Debarment and suspension by SBA are discretionary actions that, taken in accordance with these regulations, are appropriate means to effectuate this policy.

(b) The serious nature of debarment and suspension requires that these sanctions be imposed only in the public interest, for the Government's protection and not for purposes of punishment. SBA shall impose debarment or suspension to protect the Government's interest and only for the causes and in accordance with the procedures set forth in these regulations.

Subpart 2209.4-Debarment,

Suspension, and ineligibility 2209.400 Scope.

(a) These regulations:

(1) Prescribe policies and procedures governing the debarment and suspension of contractors by SBA for the causes given in 2209.406–2 and 2209.407-2;

(2) Provide for the listing of these debarred and suspended contractors, and of contractors declared ineligible (see the definition of "ineligible" in 2209.403; and

(3) Set forth the consequences of this listing.

(b) These regulations do not prescribe policies and procedures governing declaration of ineligibility. However, they do cover the listing of ineligible contractors and the effect of this listing. 2209.401 Applicability.

These regulations apply to contractors doing business directly with SBA. They do not apply to recipients of SBA

2209.403 Definitions.

(a) Adequate evidence means information sufficient to support the reasonable belief that a particular act or omission has occurred.

(b) Affiliates. Business concerns or individuals are affiliates if, directly or indirectly, (1) either one controls or can control the other or (2) a third party controls or can control both.

(c) Agency, as used in these regulations means, SBA, or any other agency of the Executive Branch consistent with the context in which the term is used.

(d) Consolidated list of debarred, suspended, and ineligible contractors means a list compiled, maintained, and distributed by the General Services Administration containing the names of contractors debarred or suspended by agencies under the procedures of OMB Policy Letter 82–1 (June 24, 1982), as well as contractors declared ineligible under other statutory or regulatory authority.

(e) Contractor, as used in these regulations, means any individual or other legal entity that:

to impose suspension. That designated official is SBA'S Associate Administrator for Procurement and Technical Assistance.

(n) Suspension, as used in these regulations, means action taken by a suspending official under 2209.407 to disqualify a contractor temporarily from Government contracting; a contractor 80 disqualified is "suspended.”

(1) Submits offers for or is awarded, or reasonably may be expected to submit offers for or be awarded, a contract by SBA or a subcontract under a contract with SBA, or

(2) Conducts business with SBA as an agent or representative of another contractor.

(f) Conviction means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere.

(8) Debarment, as used in these regulations, means action taken by a debarring official under 2209.406 to exclude a contractor from Government contracting for a reasonable, specified period; a contractor so excluded is “debarred.'

(h) Debarring official means (1) the SBA Administrator or (2) a designee authorized by the SBA Administrator to impose debarment. That designated official is the SBA's Associate Administrator for Procurement and Technical Assistance.

(i) Indictment means indictment for a criminal offense. An information or other filing by competent authority charging a criminal offense shall be given the same effect as an indictment.

(j) Ineligible, as used in these regulations, means excluded from Government contracting (and subcontracting, if appropriate) pursuant to statutory, Executive Order, or regulatory authority other than these regulations; for example, the Davis-Bacon Act and its related statutes and implementing regulations, the Service Contract Act, the Equal Employment Opportunity Acts and Executive orders, the WalshHealey Public Contracts Act, the Buy American Act, and the Environmental Protection Acts and Executive orders.

(k) Legal Proceedings means any civil judicial proceeding to which the Government is a party or any criminal proceeding. The term includes appeals from such proceedings.

(1) Preponderance of the evidence means proof by information that, compared with that opposing it, leads to the conclusion that the fact at issue is more probably true than not.

(m) Suspending official means (1) the SBA Administrator or (2) a designee authorized by the SBA Administrator

2209.406 Effect of listing.

(a) Contractors debarred or suspended by SBA, under 2209.406 or 2209.407 of these regulations, or by any other executive agency are excluded from receiving contracts, and SBA shall not solicit offers from, award contracts to, or consent to subcontracts with these contractors, unless SBA determines that there is a compelling reason for such action (see 2009.405-2, 2209.406-1(c) and 2209.407-1(d)).

(b) SBA will establish a list of its debarred or suspended contractors, and the Associate Administrator for Procurement and Technical Assistance will distribute this list to the General Services Administration within five working days after the action becomes effective.

(c) Contractors listed as having been declared ineligible on the basis of statutory or other regulatory procedures are excluded from receiving contracts and, if applicable, subcontracts, under the conditions and for the period set forth in the statute or regulation. SBA shall not solicit offers from, award contracts to, or consent to subcontracts with these contractors under those conditions and for that period.

2209.400-1 Continuation of current

contracts. (a) Notwithstanding the listing of a contractor for the causes set forth in these regulations, SBA may continue contracts or subcontracts in existence at the time the contractor was debarred or suspended, unless SBA's Administrator directs otherwise. A decision as to the type of termination action, if any, to be taken will be made only after review by agency contracting and technical personnel and by counsel to ensure the propriety of the proposed action.

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