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ommis is not intended, however
, to do or a newly established contractor-axe
tionships where a continuing that
ship is contemplated by the parta tained
(4) It should appear that the ose of is an established concern. The
may be either one which has le
business for a considerable med bons
time or a new agency which verd
ently going concern and which is! prin
to continue in business AS a CIENI r in
or selling agency in the futur Deing
business of the agency should be tract ducted in the agency name and en ence.
terized by the customary Indica i ency
conduct of a regular business scial
(5) The fact that a selling con- confines Its selling activities to the usi
of Government contracts does not a hall of itself, disqualify It under the
written agreement to furnish informa-
The bidder represents: (a) That he o
(b) The fact that the prospective con-
(c) If the representation would other. wise be answered in the afimative, the fact that the person employed or retained by the bidder or contractor is an attor. ney, or a public relations consultant, or has any other special or professional title, does not permit answer in the negative.
8 1-1.507 Use
Pursuant to t ance of the objec Standard Form Contractor's Sta Other Fees for S Resulting from hereby prescribe accordance with subpart. Except 1.507-3, this fori deviation by exi ever either part for in § 1-1.505 firmative. The fi without deviatic where an execu obtain such inf use of the form, required, it may propriate mann form shall be req successful bidders § 1-1.507-2 Sta
Any bidder 01 who has previous Form 119 to the vitation or negoti be permitted to submit in connec contract, a signed Ing when such previously furnis number the prev tract in connect form was submitt Ing that the stat ously furnished such subsequent such case, submi completed Standa be required. 61-1.507-3 Exc
The inquiry ar in § 1-1.505 need mission of Standa be requested in following:
(a) Any advert the aggregate am exceed $25,000.
(b) Any negotia the aggregate am exceed $10,000.
(c) Any negotia Ishable subsisten
nant. The fact, however, that the el
agency is employed to secure is 70r generally, that is
, to represent the cern in connection with sales to the ist ernment as well as regular comme
sales to non-Government activities! ed factor entitled to favorable consider ad in evaluating the case as one can within the authorized exception
, to etiam
Contingent fees pald for anlar tion" leading to obtaining a Govern contract or contracts are included the prohibition and, accordingly, at breach of the covenant unless the wa qualifies under the exception as a bu
fide employee or a bona fide establisha commercial or selling agency maintan by the contractor for the purposes securing business. $ 1-1.505 Representation and sport
ment required from prospective con
tractors. Except as provided in $1-1.5% ach executive agency shall Inquire ind secure a written representato rom prospective contractors as ! 'hether they have employed or retalar y company or person (other than ull-time employee working solely !! e prospective contractor) to solidt & cure the contract, and shall secure,
$ 1-1.600 S
ing their pure
elther to exc
(c) II the indicated successful i
or proposed contractor falls to ton
be considered a minor Informalite
contractor shall be afforded 8 too
tion and agreement. A refusal or s
nish Standard Form 119.
upon request, refuses or fails to further
(a) If an award has not been made!
(b) If the contract has been 398
lations of the covenant spalane
procedure with respect to determining
Executive agencies shall preserve, for
This subpart prescribes policies and
Debarment, suspension, and placement
(a) “Debarment” means, in general.
ecutive Order 1 1965, as impleme lations, and relev tary of Labor in term "debarment sion by reason o: Secretary's rules tracting or subco nite period of tin tion of the circui exclusion was in
(b) "Suspensio cation from Gove subcontracting fi of time becauses is suspected upon 8 1-1.605) of e fraudulent, or se duct,
(c) A "debarm bidders list" mea concerns or indi any or all of the in this section ha
(d) "Bidders" term is used in th bidding pursuant bids or a request 1
(e) "Affiliates" cerns which are when either dire concern or individ power to control aparty controls or trol both. 137 FR 23337, Nov. 2, 81-1.602 Establ
nance of a li viduals debar
clared ineligil (a) Each execu tablish and maint tained in § 1-1.60: of concerns and contracts will not whom bids or pro licited as provided
(b) The list sha the following infor
(1) The names Individuals debarr phabetical order) reference where me Involved in a single
(2) The basis action;
(3) The extent posed; and
(4) The termina barred listing. 41
shall take one or more of the #
(a) If an award has not been pret
(b) If an award has been made
(c) Consider the future eligiblitt u
posals be so
(c) Buy A
Subject each execu debar a fir interest fo
not be awarded to a concern or indt
lests he a
(9) Defense Housing and Comic Facilities and Services Act of 1981 U.S.C. 1591).
(10) Federal Civil Defense Act 41
(50 App. U.S.C. 2281 (1)), es (11) Area Redevelopment Act d'I ne (42 U.S.C. 2518).
(12) Delaware River Basin Compe of (sec. 15.1, 75 Stat. 714). C (13) Health Professions Educatie er Assistance Act of 1963 (sec: 731. 778
(14) Mental Retardation Fact by Construction Act (secs. 101, 122, LAL" ad Stat. 282, 284, 288),
(15) Community Mental Health O: ters Act (sec. 205, 77 Stat. 292).
(d) Those the executive agency det mines to debar administratively for e
of the causes and under all of the app , priate conditions listed in ; 1-1.69
posals be solicited therefrom. However, (a) Causes.( when it is determined essential in the mission of a crir public interest by the head of an agency dent to obtaining or his designee, an exception may be a public or priva made with respect to a particular pro tract thereunder curement action when a concern or in of such contrac dividual is listed as debarred on the (2) Convictior basis of $ 1-1.602-1(d).
Crime Control A (b) Restrictions under statutes desig of embezzlement nated in the regulations of the Secretary falsification or of Labor. A contractor listed on the basis receiving stolen of $ 1-1.602–1(c), or any concern, cor offense indicatin poration, partnership, or association in tegrity or busint which that contractor has actual control ously and directl or a controlling interest, shall be ineli present responsi gible for a period of 3 years (from the contractor. date of publication by the Comptroller (3) Convictior General) to receive any contracts sub Antitrust Statute ject to any of the statutes listed in mission of bids o $ 1-1.602-1(c).
(4) Violation (c) Buy American Act restrictions. As as set forth belo specified in the Buy American Act (41 is regarded by th U.S.C. 10b(b)), contracts shall not be so serious as to ju awarded for construction, alteration, or (1) Willful fai repair of public buildings or public works cordance with in the continental United States or else within the time where to concerns or their affiliates or contract. individuals listed on the basis of $ 1 (ii) A record 1.602-1(g); nor shall bids or proposals of unsatisfactor therefor be solicited therefrom. However, cordance with th firms or individuals listed on this basis contracts: Provi may be awarded contracts and may be or unsatisfactory solicited for bids or proposals for other curred within a re than construction, alteration, or repair preceding the d of public buildings or public works in the Failure to perford continental United States or elsewhere. formance caused
(d) Restrictions for noncompliance trol of the firm with the Equal Opportunity clause. A tractor shall not concern or individual debarred for non basis for debarm compliance with the Equal Opportunity (iii) Violation clause shall not be awarded a Govern vision against co ment contract.
(iv) Acceptand (e) Restrictions on subcontracting. If which is paid in a concern or individual listed on the de provisions agains barred bidders list is proposed as a sub (5) Any other contractor, the contracting officer shall sibility as a Go decline to approve subcontracting with such serious and that firm or individual in any instance may be determir in which consent is required of the Gov agency to warrar ernment before the subcontract is made, (6) Debarmen unless it is determined by the agency tive agency. to be in the best interest of the Govern (b) Conditions ment to grant approval.
of the causes se (37 FR 23337. Nov. 2, 1972)
§ 1-1.604 shall b § 1-1.604 Causes and conditions appli proval of the cable to determination of debarment
agency or his dul by an executive agency.
ative. Subject to the following conditions, (2) The existe each executive agency is authorized to set forth in (a) o debar a firm or individual in the public necessarily requi interest for any of the following causes: vidual be debar
(e) Those listed by the Director
(f) Those the executive agency dist
(g) Those determined by an etas agency in accordance with section !! of the Buy American Act (41 TB 10016)) to have failed to comply with provisions of section 3(a) of that under any contract containing the # cific provision required by said see 318) and made by the agency for a struction, alteration, or repair of public building or public work.
129 FR 10104, July 24, 1964, as amended
firms or individuals in dehors
suspended, or ineligible status Firms or individuals listed br? agency as debarred, suspended
, r ! eligible shall be treated as follows
(a) Total restrictions. A contracist
ual that is listed on the basis al ll 602-1 (a), (b), (d), or (e), or to s concern, corporation. partnership association in which the listed comes or individual has actual control or sa trolling interest; nor shall bids or F