Page images
PDF
EPUB

forward their reports in accordance with 309.470-1. The debarring official shall initiate an investigation through such means as he/she deems appropriate.

(b) Decisionmaking process. The debarring official shall review the results of the investigation, if any, and make a written determination whether or not debarment procedures are to be commenced. A copy of the determination shall be promptly sent through appropriate channels to the initiating official, and the contracting officer, if necessary. If the debarring official determines to commence debarment procedures, he/she shall, after consultation with the Office of the General Counsel, notify the contractor in accordance with FAR 9.406-3(c). If the proposed action is not based on a conviction or judgment and the contractor's submission in response to the notice raises a genuine dispute over facts material to the proposed debarment, the debarring official shall arrange for fact-finding hearings and take the necessary actions specified in FAR 9.406-3(b)(2). The debarring official shall also ensure that written findings of fact are prepared, and shall base the debarment decision on the facts as found, after considering information and argument submitted by the contractor and any other information in the administrative record. The Office of the General Counsel shall represent the Department at any factfinding hearing and may present witnesses for HHS and question any witnesses presented by the contractor.

(b) Decisionmaking process. The suspending official shall review the results of the investigation, if any, and make a written determination whether or not suspension should be imposed. A copy of this determination shall be promptly sent through appropriate channels to the initiating official and the contracting officer, if necessary. If the suspending official determines to impose suspension, he/she shall, after consultation with the Office of the General Counsel, notify the contractor in accordance with FAR 9.407–3(c). If the action is not based on an indictment and, subject to the provisions of FAR 9.4073(b)(2), the contractor's submission in response to the notice raises a genuine dispute over facts material to the suspension, the suspending official shall, after suspension has been imposed, arrange for fact-finding hearings and take the necessary actions specified in FAR 9.407–3(b)(2).

309.470 Reporting of suspected causes

for debarment or suspension, or the taking of evasive actions.

309.470-1 Situations where reports are

required. A report incorporating the information required by 309.470-2 shall be forwarded, in duplicate, by the contracting officer through acquisition channels to the OMAC when,

(a) A contractor has committed, or is suspected of having committed, any of the acts described in FAR 9.406-2 or FAR 9.407–2; or

(b) A contractor is suspected of attempting to evade the prohibitions of debarment or suspension imposed under this regulation, or any other comparable regulation, by changes of address, multiple addresses, formation of new companies, or by other devices.

309.407 Suspension.

309.407-3 Procedures.

(50 FR 7780, Feb. 26, 1985, as amended at 54 FR 24343, June 7, 1989)

(a) Investigation and referral. Whenever an apparent cause for suspension becomes known to an initiating official, that person shall prepare a report incorporating the information required by 309.470–2, if known, and forward it through appropriate channels, with a written recommendation, to the suspending official. Contracting officers shall forward their reports in accordance with 309.470–1. The suspending official shall initiate an investigation through such means as he/she deems appropriate.

309.470-2 Contents of reports.

Each report prepared under 309.470_1 shall be coordinated with the Office of the General Counsel and shall include the following information, where available:

(a) Name and address of contractor.

(b) Name of the principal officers, partners, owners, or managers.

(c) All known affiliates, subsidiaries, or parent firms, and the nature of the affiliation.

(d) Description of the contract or contracts concerned, including the contract number, and office identifying numbers or symbols, the amount of each contract, the amount paid the contractor and the amount still due, and the percentage of work completed and to be completed.

(e) The status of vouchers.

(f) Whether contract funds have been assigned pursuant to the Assignment of Claims Act, as amended, 31 U.S.C. 3727, 41 U.S.C. 15, and, if so assigned, the name and address of the assignee and a copy of the assignment.

(g) Whether any other contracts are outstanding with the contractor or any affiliates, and, if so, the amount of such contracts, whether these funds have been assigned pursuant to the Assignment of Claims Act, as amended, 31 U.S.C. 3727, 41 U.S.C. 15, and the amounts paid or due on such contracts.

(h) A complete summary of all available pertinent evidence.

(i) A recommendation as to the continuation of current contracts.

(j) An estimate of damages, if any, sustained by the Government as a result of the action of the contractor, including an explanation of the method used in making the estimate.

(k) The comments and recommendations of the contracting officer and statements regarding whether the contractor should be suspended debarred, whether any limitations should be applied to such action, and the period of any proposed debarment.

(1) As an enclosure, a copy of the contract(s) or pertinent excerpts therefrom, appropriate exhibits, testimony or statements of witnesses, copies of assignments, and other relevant documentation or a written summary of any information for which documentation is not available.

or

TYPES

ness.

PART 313--SMALL PURCHASE AND able for accomplishment using small

OTHER SIMPLIFIED PURCHASE purchase methods, more formal negoPROCEDURES

tiation methods or sealed bidding

should be used. Subpart 313.1-General

(j) Small purchases accomplished in

accordance with this part may not be Sec.

awarded on a cost-reimbursement 313.101 Definitions.

basis. 313.104 Procedures. 313.105 Small business small purchase set

(k) Small purchase methods should aside.

be used with great prudence for the ac313.106 Competition and price reasonable- quisition of consultants to avoid the

increased possibility of using consult313.107 Solicitation and evaluation

of

ants in an improper personal services quotations.

capacity. Subpart 313.2—Blanket Purchase

[49 FR 13977, Apr. 9, 1984, as amended at 50 Agreements

FR 23129, May 31, 1985; 50 FR 38004, Sept. 19,

1985; 53 FR 15563, May 2, 1988] 313.201 General. 313.204 Purchases under Blanket Purchase

313.105 Small business-small purchase Agreements.

set-aside. Subpart 313.4-Imprest Fund

(d)(2) The contracting officer shall

consult with the small and disadvan313.403 Agency responsibilities.

taged business utilization specialist Subpart 313.5—Purchase Orders

(SADBUS) to determine whether small

business sources are known by the 313.505 Purchase order and related forms.

SADBUS before determining not to 313.505–3 Standard Form

Purchase Order-Invoice_Voucher.

proceed with the small business-small

purchase set-aside. Coordination with AUTHORITY: 5 U.S.C. 301; 40 U.S.C. 486(c).

the SADBUS is not required for small SOURCE: 49 FR 13977, Apr. 9, 1984, unless purchases at or below ten percent of otherwise noted.

the small purchase limitation.

44,

[blocks in formation]

prejudicial to uninformed potential quoters.

[49 FR 13977, Apr. 9, 1984, as amended at 49 FR 36110, Sept. 14, 1984; 56 FR 47003, Sept. 17, 1991]

(2) Purchases ranging in excess of 10 percent of the small purchase limitation up to and including the small purchase limitation which are made without full and open competition require justification as to why competition was not obtained. The justification, which may be in the form of a paragraph or paragraphs in the request for contract or requisition, must address the considerations in FAR Subpart 6.3 and Subpart 306.3. The contracting officer may approve or disapprove the justification. Award of the contract or purchase order by the contracting officer shall constitute approval of the justification (see 306.304(a)(1)).

Subpart 313.2-Blanket Purchase

Agreements

313.201 General.

(e) Each blanket purchase arrangement (BPA) shall be documented by issuance of a contractual instrument which is appropriately numbered.

[49 FR 13977, Apr. 9, 1984, as amended at 50 FR 23129, May 31, 1985; 50 FR 38004, Sept. 19, 1985; 56 FR 47002, Sept. 17, 1991]

313.107 Solicitation and evaluation of

quotations.

313.204 Purchases under Blanket Pur

chase Agreements. (e)(5) Delivery documents, invoices, etc. signed by the Government employee receiving the item or service, will be forwarded to the fiscal office or other paying office as designated by the OPDIV. Payment will be made on the basis of the signed document, invoice, etc. Contracting offices will ensure that established procedures allowing for availability of funds are in effect prior to placement of orders.

[49 FR 13977, Apr. 9, 1984, as amended at 56 FR 47003, Sept. 17, 1991)

Subpart 313.4—Imprest Fund

313.403 Agency responsibilities.

(e) Amendments. (1) If after the issuance of a request for quotations but before the closing date of their receipt, it becomes necessary (i) to make significant changes in the quantity, specifications, or delivery schedule, (ii) to make any change in the closing date, or (iii) to correct a defect or ambiguity, the change shall be accomplished by issuance of an amendment to the request. Requests for quotations using the Standard Form 18 may be amended by letter. Oral requests for quotations may be amended orally.

(2) When it is considered necessary to issue an amendment to a request for quotations, the period of time remaining before closing and the need for extending this period by postponing the time set for closing must be considered. Where only a short time remains before the time set for closing, extension of time may be made by telegram or telephone. This notification should be confirmed in the amendment.

(3) Any information given to one potential quoter concerning a request for quotations shall be furnished promptly to all other potential quoters in an amendment to the request, if the information is necessary

to potential quoters in submitting quotations, or if the lack of the information would be

(a) The amount of each imprest fund shall be established on the basis of the estimated monthly payment and the need for replenishment. A review shall be made by the responsible official at least quarterly to insure that the fund is not in excess of needs, and appropriate adjustments are made accordingly.

(c) Requests to establish imprest funds shall be made to the responsible fiscal office. At larger activities where the cashier may not be conveniently located near the purchasing office, a Class C Cashier may be installed in the purchasing office. Documentation of cash purchases shall be in accordance with instructions contained in the HHS Voucher Audit Manual Part 1, Chapter 1–10.

[blocks in formation]

Sec. 314.202–7 Facsimile bids. 314.213 Annual submission of representa

tions and certifications.

Subpart 314.4—Opening of Bids and

Award of Contract

314.404 Rejection of bids. 314.404-1 Cancellation of invitations after

opening. 314.406 Mistakes in bids. 314.406-3 Other mistakes disclosed before

award. 314.4064 Mistakes after award. 314.407 Award. 314.407-8 Protests against award.

AUTHORITY: 5 U.S.C. 301; 40 U.S.C. 486(c).

Subpart 314.2-Solicitation of Bids

[ocr errors]

SOURCE: 55 FR 13536, Apr. 11, 1990, unless otherwise noted.

(e) Authority has been delegated to the Protest Control Officer, Division of Acquisition Policy, Office of Acquisition and Grants Management (OAGM) to make administrative determinations in connection with mistakes in bid alleged after opening and before award. This authority may not be redelegated.

(f) Each proposed determination shall have the concurrence of the Chief, Business Law Branch, Business and Administrative Law Division, Office of General Counsel.

(g)(3) The data required by FAR 14.406-3(g)(3) shall be marked "IMMEDIATE ACTION_MISTAKE IN BID' and submitted through acquisition channels to the Protest Control Officer, Division of Acquisition Policy, Office of Acquisition and Grants Management (OAGM). The file shall be assembled in an orderly manner and shall include an index of enclosures. A single copy of the file is sufficient.

(4) Since examination of evidence is necessary to determine the proper course of action to be taken, no action will be taken on cases referred by telephone or telegraph.

(5) Where the evidence submitted by the bidder is incomplete or in need of clarification, the contracting officer shall document the file to indicate the effort made to obtain clear and convincing evidence to support the alleged mistake. Since the burden of providing

314.202–7 Facsimile bids.

The principal official responsible for acquisition (PORA) shall determine whether to allow the use of facsimile bids. If the PORA decides to allow the use of facsimile bids, internal procedures shall be developed, in accordance with the FAR, to ensure uniform processing and control.

314.213 Annual submission of rep

resentations and certifications.

Each principal official responsible for acquisition (PORA) shall determine whether to allow the use of the annual submission of representations and cer

« PreviousContinue »