circumstances with respect to which this authority may be used: (1) When procurement by negotiation is necessary to keep vital facilities or suppliers in business or to make them available in the event of national emergency. (2) When procurement by negotiation with selected suppliers is necessary in order to train them in the furnishing of critical supplies to prevent the loss of their ability and employee skills, or to maintain active engineering, research, and development work. (3) When procurement by negotiation is necessary to maintain properly balanced sources of supply for meeting the requirements of procurement programs in the interest of industrial mobilization. (c) Limitations. The authority of this § 11-3.251 shall not be used unless and until the Secretary has determined that (1) It is in the interest of national defense to have a particular plant, mine, or other facility or a particular producer, manufacturer, or other supplier available for furnishing supplies or services in case of national emergency and negotiation is necessary to that end; or (2) The interests of industrial mobilization in the case of a national emergency would be subserved by negotiation with a particular supplier; or (3) The interest of national defense in maintaining active engineering, research and development would be subserved by negotiation with a particular supplier. (d) Reporting requirements. Reports required by section 2304 (e), 10 U.S.C. to be made to Congress on May 19 and November 19 of each year will be made by the Commandant (FS) by 1 May and 1 November of each year to the Secretary of the Treasury of the purchases and (a) Authority. Contracts to construct or repair any building, road, sidewalk, sewer main, or similar items are subject to 10 U.S.C. 2304(c) and this § 11-3.252. (b) Limitations—(1) Work in the United States. Contracts for construction work to be performed within the United States shall be formally advertised and may not (except as provided below for small business set-asides) be negotiated unless authorized pursuant to subsections 10 U.S.C. 2304(a) (1), (2), (3), (10), (11), (12), or (15). Construction contracts set aside for small business pursuant to a joint determination of the Small Business Administration and the Coast Guard may be negotiated pursuant to 10 U.S.C. 2304 (a) (17) and section 15 of the Small Business Act. (2) Work outside the United States. Contracts for construction work to be performed outside the United States will be formally advertised and may not be negotiated unless authorized pursuant to subsections (1) through (17) of 10 U.S.C. 2304(a), as appropriate. (Note that such contracts to be performed in the possessions of the United States and Puerto Rico may not be negotiated pursuant to 10 U.S.C. 2304 (a) (6).) Subpart 11-3.3-Determinations, Findings, and Authorities § 11-3.300 Scope of subpart. This Subpart 11-3.3 sets forth the requirements for determinations and findings to be made (a) by the Secretary of the Treasury, (b) by the Comptroller, U.S. Coast Guard, signing as the chief officer responsible for procurement, and (c) by a Contracting Officer for each negotiation authorized in 10 U.S.C. 2304 (a), in lieu of the requirements set forth in Subpart 1-3.3. [CGFR 63–72, 28 F.R. 11888, Nov. 7, 1963] § 11-3.301 Determinations and findings required. (a) By the Secretary. Determinations and findings for contracts negotiated pursuant to 2304 (a) (11) through (16), 10 U.S.C. as set forth in §§ 11-3.211 through 11-3.214, 11-3.250, and 11-3.251 will be made by the Secretary, except that determinations and findings for contracts not exceeding $100,000 under section 2304 (a) (11), 10 U.S.C. may be made by the Comptroller, U.S. Coast Guard. (b) Below the Secretarial level. Contracting Officers will make a determination and findings in accordance with § 11-3.202 for each contract negotiated under authority of section 2304 (a) (2), (5), (7), (9), or (10), U.S.C. Use of other negotiation authority requiring determinations and findings as set forth in Subpart 11-3.2 which are not covered in this section will be made by the chief officer responsible for procurement. § 11-3.302 Form and requirements of determinations and findings; preservation of data. (a) Each determination or decision required under § 11-3.301 shall be based on written findings made by the official making such determination or decision, which findings shall be final and available for a period of at least six years following the date of determination or decision. A copy of such findings shall be filed with the General Accounting Office copy of the contract. (b) Each use of negotiation authority set forth in Subpart 11-3.2, except §11-3.203, shall set forth enough facts and circumstances to justify clearly the specific determinations made and shall clearly and convincingly establish that the use of formal advertising would not be feasible and practicable. 11-4.5001-3 11-4.5002 11-4.5003 Services Scope of subpart. Selection of offerors for Architect-Engineering services for negotiation and award. Policy. Method of soliciting offerors. Selection and rating of firms for further negotiation. Negotiation with selected firms. Contract price. Records of selection and negotiation. 11-4.5004 11-4.5005 11-4.5006 Approval. Documenting Architect-Engi neering services contracts. and Subpart 11-4.50-Architect- SOURCE: The provisions of this Subpart 11-4.50 contained in CGFR 63-89, 29 F.R. 5343, Apr. 21, 1964, unless otherwise noted. § 11-4.5000 Scope of subpart. This subpart sets forth policies and procedures for use in selecting, negotiating and formalizing contracts for Architect-Engineering Services. § 11-4.5001 Selection of offerers for Architect-Engineering services for negotiation and award. § 11-4.5001-1 Policy. Architect-Engineering services contracts estimated to exceed $2500, will normally be negotiated under authority contained in § 11-3.204 after approval of determination and findings as set forth in § 11-3.204(b). § 11-4.5001-2 Method of soliciting offerers. U.S. Government Architect-Engineering questionnaire (SF-251) prescribed in § 1-16.803 will be used to obtain information necessary for selection of firms best qualified for further negotiation of the type of Architect-Engineering services contract required. § 11-4.5001-3 Selection and rating of firms for further negotiation. (a) Selection of Architect-Engineering firms will be made by a formally constituted selection board appointed by the district commander or commanding officer of Headquarters units consisting of the contracting officer and a minimum of three technically competent staff architects and/or engineers or military personnel having comprehensive experience in construction. (b) Evaluation of the information contained on SF-251 which is received from firms solicited in accordance with § 11-4.5001-2 for the purpose of developing a preselection list will be made. Illustrative of the general factors to be considered in evaluating a firm are:. (i) Specialized experience of the firm in the type of work required. (ii) Capacity of the firm to accomplish the work in the required time. (iii) Past experiences of the firm with respect to performance on Coast Guard or other Government contracts, if applicable. (iv) Location of the firm in the general geographical area of the project, provided that there are an appropriate number of qualified firms therein for consideration. (v) Volume of work previously awarded to the firm by the Coast Guard or other Government agencies, with the objective of effecting an equitable distribution of Government Architect-Engineering services contracts among qualified Architect-Engineering firms. (c) The selection board will perform a detailed review of the qualifications and performance data of each of the firms on the preselection list, conducting such interviews as may be necessary, for the purpose of rating firms in an order of preference for further negotiations. A minimum of three firms will be rated, and all pertinent information will be forwarded by letter for approval of the chief officer responsible for procurement. § 11-4.5002 firms. Negotiation with selected The contract price shall be fixed at the lowest fee obtainable. Title 10 U.S.C. 2306(d) sets forth statutory limitations that may be paid Architect-Engineers for preparation of working drawings and specifications. In addition to the statutory limitations, the cost is subject to review at the time of contract approval to determine that negotiated price is not in excess of the amount authorized and/ or paid for comparable services for comparable Architect-Engineering services contracts. A separate price shall be negotiated for supervision, inspection, soil exploration, and other unusual condi |