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Subpart 14-1.4-Procurement Responsibility and Authority

§ 14-1.402 Authority of contracting offi

cers.

(a) Redelegation to Assistant Secretaries. The authority of the Secretary with respect to all matters relating to procurement of personal property and nonpersonal services (including construction) has been redelegated to the Assistant Secretaries under Part 205, Chapter 11 of the Departmental Manual (205 DM 11). Each Assistant Secretary is responsible for providing oversight and direction and for ensuring compliance with the provisions of this Subpart 14-1.4.

(b) Redelegation to the heads of bureaus and offices. Assistant Secretaries have redelegated their procurement authority to the heads of bureaus and offices subject to limitations prescribed in Part 200 of the Departmental Manual. Redelegation of authority to individual contracting officers by the heads of the procuring activities is subject to any limitations prescribed in Part 200 of the Departmental Manual, the requirements of FPR Subpart 1-1.4, and the requirements of this Subpart 14-1.4.

[46 FR 49865, Oct. 8, 1981]

§ 14-1.404 Selection, designation, and termination of contracting officers. Contracting officers shall be selected, designated as such, and this designation terminated as provided in FPR 1-1.404 and the Contracting Officers' Warrant System Manual, copies of which may be obtained from the Office of Acquisition and Property Management, U.S. Department of the Interior, 18th and C Streets, N.W., Washington, D.C. 20240. Designation of contracting officers shall be accomplished by delegation of authority to individuals who meet the qualifications set forth in the Contracting Officers' Warrant System Manual.

[46 FR 49865, Oct. 8, 1981]

Subpart 14-1.6—Debarment, Suspension and Ineligibility

SOURCE: 48 FR 21134, May 11, 1983, unless otherwise noted.

§ 14-1.600 Scope of subpart.

This subpart prescribes Departmental procedures for debarring and suspending contractors, and the use and maintenance of a consolidated list of debarred, suspended or ineligible contractors.

§ 14-1.603 Establishment and maintenance of a list of debarred, suspended, and ineligible contractors, and agency records.

§ 14-1.603-1 Consolidated list of debarred, suspended, and ineligible contractors.

The Division of Acquisition and Grants, Office of Acquisition and Property Management shall be responsible for the actions described in FPR § 1-1.603-1(b), except that the heads of procuring activities are responsible for the internal distribution of the consolidated list to the appropriate procurement operation offices under their jurisdiction.

§ 14-1.603-2 Agency records.

The Division of Acquisition and Grants, Office of Acquisition and Property Management shall maintain the records required by FPR § 1-1.6032.

§ 14-1.604 Treatment to be accorded listed

contractors.

§ 14-1.604-1 General.

The Director, Office of Acquisition and Property Management shall make the determinations required by FPR §§ 1-1.604-1, 1-1.604-3 and 1-1.604-4. Requests for such determinations shall be forwarded by the contracting officer through the head of the procuring activity to the Director, Office of Acquisition and Property Management.

§ 14-1.604-2 Review procedures.

Contracting officers shall review the consolidated list of debarred, suspended, and ineligible contractors prior to

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(a) Debarring official. The Director, Office of Acquisition and Property Management is the official authorized to debar a contractor for any of the causes set forth in FPR § 1-1.605-2. In addition, the Director, Office of Acquisition and Property Management is authorized to take all of the actions described in FPR § 1-1.605-1, including the determination that compelling reasons exist justifying continued business dealings between the Department of the Interior and a contractor debarred by another agency. None of these authorities may be redelegated.

(b) Referral. Whenever cause for debarment becomes known to a contracting officer, the matter shall be referred through the head of the procuring activity to the Director, Office of Acquisition and Property Management, together with a recommended action.

(c) Notice of proposed debarment. The Director, Office of Acquisition and Property Management shall initiate a debarment action by providing the contractor and any specifically named affiliates with written notice of the proposed debarment. This notice shall, at a minimum, contain the information described in FPR § 1-1.6053(c), and shall be sent by certified mail return receipt requested.

(d) Factfinding. In proposed debarment actions not based upon a conviction or judgment or debarment by another agency, if the contractor's submission raises a genuine dispute over material facts, the Director, Office of Acquisition and Property Management shall conduct factfinding as described in FPR § 1-1.605-3(b)(2). The bureau or office which referred the action, the Office of the Inspector General and the Office of the Solicitor shall assist the Director, Office of Acquisition and Property Management, as necessary, in conducting factfinding.

(e) Hearing. If a hearing is requested, it shall be conducted by the Direc

tor, Office of Acquisition and Property Management, or his designee. The hearing will be held at a location convenient to the parties concerned as determined by the Director, Office of Acquisition and Property Management, and on a date and at a time stated. Subject to the provisions of 43 CFR Part 1, the firm or individual against whom the debarment action is taken may be represented by a duly authorized representative. Witnesses may be called to testify by either party. The hearing shall be conducted expeditiously and in such a manner that each party will have a full opportunity to present all information considered pertinent to the hearing. A transcript of the hearing will be made available at cost to the party sought to be debarred.

(f) Decision and notice. The Director, Office of Acquisition and Property Management shall make the decision regarding debarment in accordance with FPR § 1-1.605-3(d), and provide notice to the contractor in accordance with FPR § 1-1.605-3(e).

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(a) Suspending official. The Director, Office of Acquisition and Property Management is the official authorized to suspend contractors for the causes set forth in FPR § 1-1.606-2. In addition, the Director, Office of Acquisition and Property Management is authorized to take the actions described in FPR 1-1.606-1, including the determination that compelling reasons exist justifying continued business dealings between the Department of the Interior and a contractor suspended by another agency. None of these authorities may be redelegated.

(b) Referral. Whenever cause for suspension becomes known to a contracting officer, the matter shall be referred through the head of the procuring activity to the Director, Office of Acquisition and Property Management together with a recommended action.

(c) Notice of suspension. The Director, Office of Acquisition and Property Management shall provide the affected contractor and any specifically

named affiliates with a notice of suspension, in accordance with FPR § 11.606-3(c).

(d) Factfinding. In cases involving a genuine dispute over material facts, the Director, Office of Acquisition and Property Management shall conduct factfinding to the extent necessary to resolve the dispute; except that factfinding shall not be conducted in the circumstances described in FPR § 11.606-3(c)(6).

(e) Decision and notice. The Director, Office of Acquisition and Property Management shall make the suspension decision and provide written notice thereof in accordance with FPR § 1-1.606-3(d).

(f) Period of suspension. The Director, Office of Acquisition and Property Management is authorized to take the actions described in FPR § 1-1.606-4 concerning the period of suspension. This authority is not redelegable.

Subpart 14-1.7-Small Business Concerns

§ 14-1.704 Department of the Interior program direction and operation.

The Office of Small and Disadvantaged Business Utilization is responsible for developing and monitoring policies, procedures, regulations and guidelines necessary for the effective administration of the Department's small and disadvantaged business programs in accordance with Part 111, Chapter 8 of the Departmental Manual (111 DM 8). Implementation of these programs is accomplished through various Interior Procurement Regulation Directives (See IPR 141.008(d)).

[46 FR 49865, Oct. 8, 1981]

§ 14-1.704-1 Business utilization and development specialists.

Business utilization and development specialists (BUDS) are appointed by the heads of procuring activities and are responsible for implementing and monitoring the Department's small and disadvantaged business programs within their organizations. BUDS are also responsible for advising small and disadvantaged firms inter

ested in participating in procurement programs of the Department.

[46 FR 49865, Oct. 8, 1981]

§ 14-1.705 Cooperation with the Small Business Administration.

[37 FR 20027, Sept. 23, 1972]

§ 14-1.705-50 Surety bond guarantee assistance.

Invitations for bids or requests for proposals where the cost of the procurement is not expected to exceed $1,000,000 shall include the following provision:

SURETY BOND GUARANTEE ASSISTANCE

As provided in 13 CFR Part 115, the Small Business Administration may, under certain circumstances, provide assistance to small businesses on surety bonds required hereunder. Further information may be obtained from the contracting officer or the nearest office of the Small Business Administration. [46 FR 49865, Oct. 8, 1981]

§ 14-1.706 Procurement set-aside for small business.

(a) Pursuant to §§ 1-1.706-1 and 13.201 of this title, and § 14-3.201 of this chapter, it shall be the policy of the Department of the Interior to set aside on a class basis for small business all procurements of construction (including alteration, maintenance, and repair) estimated to cost $750,000 or less, except individual procurements for which small purchase procedures (see Subpart 1-3.6 of this title) are to be used or when emergency repair work is required. Contracting officers may deviate from this class set-aside policy as provided in § 11.706-3 of this title.

[37 FR 20027, Sept. 23, 1972]

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ate from this class set-aside policy only as provided in FPR § 1-1.706-3.

(b) Construction procurements (including alteration, maintenance, and repair) estimated to cost in excess of $1,000,000 shall be considered for small business set-aside on a case-bycase basis in accordance with the priorities established in FPR § 1-1.706–1.

[49 FR 3856, Jan. 31, 1984]

§ 14-1.706-2 Review of SBA set-aside proposals.

The Assistant Secretary-Policy, Budget, and Administration will take all required actions on any appeals made by the Administrator of SBA to the head of the agency under FPR 11.706-2. When SBA has appealed to the head of the agency, the head of the procuring activity disapproving a set-aside shall promptly forward the justification for the decision for sequential review, through the Director, Office of Small and Disadvantaged Business Utilization, and the Chief, Division of Acquisition and Grants, Office of Acquisition and Property Management, in order for action to be taken by the Assistant Secretary-— Policy, Budget, and Administration.

[46 FR 49865, Oct. 8, 1981]

§ 14-1.706-5 Total set-asides.

(a) To implement the requirements of FPR 1-1.703-2(g), 1-1.706-5 (d) and (e) and 1-1.706-6(c), a statement substantially as follows shall be included in each solicitation in excess of $10,000 and in each solicitation of $10,000 or less which is a small business set-aside:

The following product or service classification code(s) and small business size standard(s) apply to this procurement: (Item or Schedule) No. Classification Code Size Standard. (Insert appropriate information from FPR 1-1.701-1.)

(b) The statement should be inserted only once for each classification code and size standard applicable to the procurement.

(c) If the articles or services to be procured cannot be identified with an industry for which a classification code and size standard have been specifically established, then it shall be assumed that the size standard is 500

employees or less. (See FPR 1-1.7011(a)(2)).

[46 FR 49865, Oct. 8, 1981]

§ 14-1.706-6 Partial set-asides.

The instructions set forth in IPR 141.706-5 shall be observed to implement the requirements of FPR 1-1.703-2(g) and 1-1.706(c) that the product or service classification code and the small business size standard shall be set forth in the solicitation.

[46 FR 49866, Oct. 8, 1981]

§ 14-1.710 Subcontracting with small busi

ness concerns.

[37 FR 4710, Mar. 4, 1972]

§ 14-1.710-2 Small business subcontracting program.

Subcontracting reports under contracts subject to a Small Business and Small Disadvantaged Business Subcontracting Plan shall be submitted on Standard Form 294, Subcontracting Report for Individual Contracts and Standard Form 295, Summary Subcontract Report. Standard Form 294 shall be submitted semiannually to the contracting officer. Standard Form 295 shall be submitted quarterly to the Office of Small and Disadvantaged Business Utilization, Room 2527, Department of the Interior, Washington, D.C. 20240.

[46 FR 49866, Oct. 8, 1981]

Subpart 14-1.8-Labor Surplus Area Concerns

§ 14-1.850 Department of the Interior program direction and operation.

The Office of Small and Disadvantaged Business Utilization is responsible for development and implementation of the Department's labor surplus area procurement program in accordance with Part 111, Chapter 8 of the Departmental Manual (111 DM 8).

[46 FR 49866, Oct. 8, 1981]

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(a) The term "small business concern" means a small business as defined pursuant to Section 3 of the Small Business Act and in relevant regulations promulgated pursuant thereto.

(b) The term "small business concern owned and controlled by socially and economically disadvantaged individuals" means a small business concern (1) which is at least 51 per centum owned and controlled by one or more socially and economically disadvantaged individuals; or in the case of any public owned business, at least 51 per centum of the stock of which is owned by one or more socially and eco

nomically disadvantaged individuals; and (2) whose management and daily business operations are controlled by one or more of such individuals.

(c) The term "socially disadvantaged individuals" means those individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities.

(d)(1) The term "economically disadvantaged individuals" means those socially disadvantaged individuals whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business area who are not socially disadvantaged.

(2) Business owners who certify that they are members of named groups (Black Americans, Hispanic Americans, Native Americans, and Asian Pacific Americans) are to be considered socially and economically disadvantaged.

(e) The term "Native Americans" means American Indians, Eskimos, Aleuts, and native Hawaiians. The term "Asian-Pacific Americans" means United States citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the United States Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia, and Taiwan. Other individuals may qualify as socially and economically disadvantaged on a case by case basis as determined by the Small Business Administration (see 13 CFR 124.1-1(3)(iii)).

(f) Subcontract. The term "subcontract" means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime contractor or subcontractor calling for supplies or services required for the performance of the original contract or subcontract.

§ 14-1.1302-3 Office of Small and Disadvantaged Business Utilization.

The Office of Small and Disadvantaged Business Utilization is responsible for the development and implementation of policies, procedures, and guidelines for the effective administra

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