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Subpart 14-1.4-Procurement Responsibility and Authority

Subpart 14-1.6—Debarred, Suspended and Ineligible Bidders

$ 14–1.402 Authority of contracting offi

cers.

§ 14-1.600 Scope of subpart.

This subpart prescribes Interior procedures for debarring or suspending bidders and the establishment, use, and maintenance of a debarred, suspended, or ineligible bidders list.

(35 FR 225, Jan. 7, 1970)

(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)

8 14-1.602 Establishment and mainte

nance of a list of firms or individuals debarred, suspended, or declared ineli

gible. The Division of Procurement and Grants, Office of Administrative and Management Policy, shall maintain a consolidated list of firms and individuals debarred or suspended as required by § 1-1.602 of this title. The list and all correspondence relating thereto are not to be disclosed to the public. The list will show the authority for and terms of the debarment or suspension. (5 U.S.C. 301) [43 FR 39377, Sept. 5, 1978]

8 14-1.404 Selection, designation, and ter.

mination 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)

8 14-1.603 Treatment to be accorded firms

or individuals in debarred, suspended,

or ineligible status. (a) Administration of current contracts in all phases may be continued, and payment of funds due may be made, notwithstanding the listing of a contractor, unless otherwise directed by the Assistant Secretary-Policy, Budget and Administration. The Assistant Secretary-Policy, Budget and Administration, when he considers it in the public interest, may approve the award of a contract to a firm or individual debarred or suspended when such approval is requested by the head of a bureau or office.

(5 U.S.C. 301) (43 FR 39378, Sept. 5, 1978, as amended at 46 FR 7985, Jan. 26, 1981)

8 14-1.604 Causes and conditions applica

ble to determination of debarment by

an executive agency. (a) Debarment for any of the causes set forth in § 1-1.604(a) of this title shall be made only by the Assistant Secretary-Policy, Budget and Administration. Whenever cause for debarment becomes known to the head of a bureau or office or a contracting officer thereof, the matter shall be submitted with the recommendations of the head of the bureau or office to the Assistant Secretary-Policy, Budget and Administration for appropriate action.

(b) The removal or extension of a debarment as set forth in § 1-1.604(c) of this title shall be made only by the Assistant Secretary-Policy, Budget and Administration. (5 U.S.C. 301) (43 FR 39378, Sept. 5, 1978)

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 and one copy will be furnished free to the party sought to be debarred.

(d) From the record established by the hearing, or if no hearing is held, upon the information submitted by the parties, the Assistant SecretaryPolicy, Budget, and Administration shall determine whether debarment should be effected or the matter dismissed. The Assistant SecretaryPolicy, Budget, and Administration shall advise the firm or individual in writing of this final decision within a reasonable time after the hearing is concluded. The notice imposing debarment will be sent by certified mail, return receipt requested. It will set forth the scope and period of the debarment together with the reasons for the debarment. The imposition of debarment upon a firm or an individual shall be final and conclusive except that the party debarred may seek relief in a court of competent jurisdiction.

(5 U.S.C. 301)

(46 FR 7985, Jan. 26, 1981)

8 14-1.605 Suspension of bidders.

$ 14-1.604-1 Procedural requirements re

lating to the imposition of debarment. (a) The Assistant Secretary-Policy, Budget, and Administration, in seeking to debar a firm or individual (or any affiliate thereof) for a cause, shall furnish that party with a written notice of intent to debar, sent by registered mail:

(1) Setting forth the reasons for the proposed debarment;

(2) Giving the party an opportunity to submit evidence, within thirty (30) calendar days after receipt of the notice of intent to debar; and

(3) Advising that the party will be accorded a hearing if requested.

(b) Whatever response is received to the notice of intent to debar will be considered in determining whether debarment action will be made on the information available. Where a reply is received to the notice of intent to debar and evidence to refute debarment action is furnished but no hearing is requested, the information furnished will be considered in determining the action to be taken.

(c) If a hearing is requested, it shall be conducted by the Assistant Secretary-Policy, Budget, and Administration or his designee. The hearing will be held at a location convenient to the parties concerned as determined by the Assistant Secretary-Policy, Budget, and Administration 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

(5 U.S.C. 301) [43 FR 39378, Sept. 5, 1978)

8 14-1.605-1 Causes and conditions under

which executive agencies may suspend

contractors. (a) All actions required by $ 1-1.6051 of this title shall be taken by the Assistant Secretary-Policy, Budget and Administration. (5 U.S.C. 301) [43 FR 39378, Sept. 5, 1978)

8 14-1.605-4 Notice of suspension.

(a) All actions required by § 1-1.6054 of this title shall be taken by the Assistant Secretary-Policy, Budget and Administration. (5 U.S.C. 301) (43 FR 39378, Sept. 5, 1978)

8 14-1.705 Cooperation with the small

Business Administration. [37 FR 20027, Sept. 23, 1972)

§ 14-1.606 Agency procedure.

(a) When in his opinion the facts warrant debarment or suspension, the head of the bureau or office concerned will submit the following to the Assistant Secretary-Policy, Budget and Administration for appropriate action:

(1) The recommendation for debarment or suspension with a statement of the causes or conditions as set forth in $$ 1-1.604 and 1-1.605-1 of this title,

(2) The suggested term of debarment or suspension, and

(3) All other documentary evidence to support the recommendation.

8 14-1.705-50 Surety bond guarantee as

sistance. 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:

(5 U.S.C. 301) (35 FR 225, Jan. 7, 1970, as amended at 43 FR 39378, Sept. 5, 1978]

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)

Subpart 14-1.7 --Small Business

Concerns

14–1.704 Department of the Interior pro

gram 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)).

8 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.

(46 FR 49865, Oct. 8, 1981)

[37 FR 20027, Sept. 23, 1972)

8 14-1.704-1 Business utilization and de

velopment 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 interested in participating in procurement programs of the Department. (46 FR 49865, Oct. 8, 1981)

8 14-1.706-1 General.

(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.

(b) It shall be the policy of the Department of the Interior to set aside for small business all procurements of construction (including alteration, maintenance, and repair) estimated to cost between $750,000 and $1.5 million unless the contracting officer determines that to do so would not be in the public interest because of a lack of price competition, proficiency, or other circumstances.

(c) Construction procurements, (including alteration, maintenance and repair) estimated to cost $1.5 million or more shall be considered for small business set aside on a case-by-case basis.

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

le 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)

(5 U.S.C. 301) [42 FR 1216, Jan. 6, 1977, as amended at 43 FR 39787, Sept. 7, 1978)

8 14-1.706-6 Partial set-asides.

The instructions set forth in IPR 14-1.706-5 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)

8 14-1.710 Subcontracting with small busi

ness concerns.

[37 FR 4710, Mar. 4, 1972]

8 14-1.706-2 Review of SBA set-aside pro

posals. 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 SecretaryPolicy, Budget, and Administration. (46 FR 49865, Oct. 8, 1981)

§ 14-1.710-2 Small business subcontract

ing 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)

8 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

Subpart 14-1.8-Labor Surplus Area

Concerns

8 14-1.850 Department of the Interior pro

gram direction and operation. The Office of Small and Disadvantaged Business Utilization is responsi

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cern (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 economically 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.

8 14-1.1302-1 General.

This section defines certain terms and establishes responsibilities, policies, and procedures that implement the Small and Disadvantaged Business Program.

8 14-1.1302-2 Definitions.

(a) The term "small business concern" means a small business as de. fined 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 con

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