DEBARRED, INELIGIBLE, AND SUSPENDED BIDDERS or his authorized representative shall decide whether the debarment or suspension should extend to procurement contracts or sales contracts or to both. If the debarment or suspension is limited to either procurement contracts or sales contracts, the listing should so indicate. Likewise, a decision may be made to except from an administrative debarment or suspension a particular commodity or commodities or a particular division or subsidiary or other appropriate organizational element of the contractor where such action is considered to be in the best interests of the Government. 1.607 Interchange of Debarment Information. (a) The General Services Administration, in accordance with Federal Procurement Regulation 1-1.607(a), is charged with compiling from the notice of debarments furnished it by NASA and other executive agencies a combined list of such debarments, including the basis of action, and distributing a copy of such list to NASA and all other executive agencies. (b) The list furnished by General Services Administration shall be for information purposes only; it is not intended to take the place of, or be an addition to, the lists used by NASA. (c) The Office of Procurement, NASA Headquarters will check the combined list of debarred bidders furnished by the General Services Administration and consider firms or individuals listed thereon for inclusion upon the NASA list, in accordance with the provisions of this Subpart. (d) On specific request of the Assistant Administrator for Procurement, the General Services Administration has agreed to furnish to NASA, in accordance with Federal Procurement Regulation 1-1.607(b), a copy of the notice reflecting the basis for debarment action taken by another agency pursuant to its regulations or under the Buy American Act (see 1.603(a) (3) Type C listing). If desired, the Assistant Administrator for Procurement may make a direct inquiry concerning any debarment case to the agency which originated the action. NASA PROCUREMENT REGULATION 1.607 Subpart 7-Small Business and Small Disadvantaged 1.700 Scope of Subpart. This Subpart, which applies only in the United States, its possessions, Puerto Rico, and the Trust Territory of the Pacific Islands implements the National Aeronautics and Space Act of 1958, as amended (42 U.S.C. 24512459), and the Small Business Act, as amended (15 U.S.C. 631 et seq.), and sets forth policy and procedures governing (i) contract awards to small business concerns and small businesses owned and controlled by socially and economically disadvantaged individuals, (11) relationships with the Small Business Administration (SBA), (111) small business set-asides, (iv) contracting with the SBA under Section 8(a) of the Smal1 Business Act, and (v) subcontracting with small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals. 1.701 Definitions. The definitions of small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals are promulgated by the Small Business Administration. Unless otherwise specified, the term small business concern as used herein shall also mean small business concerns owned and controlled by socially and economically disadvantaged individuals. As used throughout this Subpart, the following terms shall have the meanings set forth below. When a NASA installation is in doubt as to the specific small business definition that should apply to a particular procurement, advice from the Small Business Administration Office having jurisdiction over the geographical area in which the contracting officer is located shall be requested to assist in making a determination. 1.701-1 Small Business Concern. (a)(1) General Definition. A small business concern is a concern that is independently owned and operated, is not dominant in the field of operation in which it is bidding on Government contracts, and with its affiliates, can further qualify under the criteria set forth in (2) and (3) below. "Concern" means any business entity organized for profit with a place of business in the United States, its possessions, Puerto Rico, or the Trust Territory of the Pacific Islands, including but not limited to an individual, partnership, corporation, joint venture, association, or cooperative. For the purpose of a procurement of a product or service that could be classified into two or more Industries with different size standards, the applicable size standard is that for the industry whose products or services account for the greatest proportion of the contract price. (2) Industry Small Business Size Standards. In addition to being independently owned and operated, and not dominant in the field of operation in which it is bidding on Government contracts, a small business concern in order to qualify as such must meet the criteria established for the industries set forth below. "Annual receipts" means the gross income (less returns and allowances, sales of fixed assets and interaffiliate transactions) of a concern (and its affiliates) from sales of products and services, interest, rents, fees. commissions, GENERAL PROVISIONS and/or from whatever other source derived, as entered on its regular books of account for its most recently completed fiscal year (whether on a cash, accrual, completed contracts, percentage of completion, or other acceptable accounting basis) and in the case of a concern subject to U.S. Federal income taxation, reported or to be reported to the U.S. Treasury Department, Internal Revenue Service, for Federal income tax purposes. If a concern has been in business less than one year, its annual receipts shall be computed by determining its average weekly receipts for the period in which it has been in business and multiplying such figure by 52. In computing the annual receipts, or average annual receipts, of a concern (not including its affiliates) that has 50 percent or more of its annual receipts attributable to business activity within one of the States and nonforeign areas set forth below, such annual receipts, or average annual receipts shall be reduced by the percentage prescribed for such State or area. a. Construction Industries. For construction, alteration, or repair (including painting and decorating), of buildings, bridges, roads, or other real property, as classified in Division C, contract construction, of the Standard Industrial Classification Manual, as amended, the average annual receipts of the concern and its affiliates for its preceding three fiscal years must not exceed $12 million; provided, however, that if 75 percent or more (by value) of the work called for by the contract is classified in one of the industries, subindustries, or class of products in the Schedule below, it is small if it does not exceed the size standards established therein for such . industry. Notwithstanding the above proviso, until April 17, 1976, any concern which from March 18, 1973, to March 18, 1974, was primarily engaged in performing CFR TITLE 41 CHAPTER 18 SMALL BUSINESS CONCERNS En all business set-aside contracts, is small for the purpose of any contract covered by the proviso if its average annual receipts for its preceding three fiscal years did not exceed $7.5 million. For the purpose of this rule, a ccncern was primarily engaged in performing small business set-aside contracts if 50 percent cr more of its receipts, including receipts of its affiliates, were attributable to such contracts. For dredging, the average annual receipts of the concern and its affiliates for its preceding three fiscal years must not exceed $9.5 million and it must perform the dredging of at least 40 percent of the yardage advertised in the plans and specifications with credging equipment owned by the bidder or obtained from another small business dredging concern. GENERAL PROVISIONS b. Manufacturing Industries, 1. Food Canning and Preserving Industry. For food canning and preserving, the number of employees of the concern and its affiliates must not exceed 500 perscns, Exclusive of "agricultural labor" as defined in 26 C.S.c. 330 € (k). refined form of though 2. Refined Petroleum Products. Any concern bidding cn a contract for a refined petroleum product product other than paving mixture and blocks, asphalt felts and ccating, lubricating oils and greases, or products of petroleum and coal, not elsewhere classified, is classified as small if (1) (i) its number of employees ċces nct exceed 1,500 persons; (ii) it does not have more than 50,000 barrels-per-day crude oil or bona fide feed stock capacity from owned or leased facilities or frcm facilities made available to such concern under an arrangement such as, but not limited to, an exchange agreement (except cne cn a refined product for [roduct basis), or a throughput cr cther [Iccessing agreement with the same effect as such facilities had been leased; and (iii) the product to be delivered in the performance of the contract will contain at least 90 percent components refined by the bidder from either crude oil or tona fide feed stocks: Frovided however, That a petroleum refining concern which meets the requirements in subdivisions (i) and (ii) of this subparagraph may furnish the product of a refinery rot qualified as small business if such froduct is obtained pursuant to a tona fide exchange agreement, in effect on the date of the bid or offer, between the bidder or offeror and the refiner of the [roduct to be delivered to the Government which require Exchanges in a stated ratio cn a refined petroleum product for a refined petroleum product basis, and [recludes a monetary settlement, and that the products Exchanged for the products offered and to be delivered to the Government meet the requirenert in subdivision (iii) of this subparagraph: And, provided further That the exchange of products for products to be delivered to the Government will be completed within 90 days after expiration of the delivery period under the Government contract and that any product furnished Fursuant to a bona fide exchange agreement must be for delivery in the same Petroleum Administration for Defense (PAD) District as that in which the small refinery is located; or (2) its number of employees does nct exceed 500 Fersons and the product to be CFR TITLE 41 CHAPTER 18 |