(c) Limited plans for acquisitions over $100,000 must be in writing, unless waived under paragraph (d) of this section. HCA's may authorize oral plans for acquisitions not exceeding $100,000. For oral plans, the file must be documented with the name of the individual who approved the plan. (d) The contracting director may waive the requirement for a written limited acquisition plan in cases of unusual or compelling urgency. The individual responsible for preparing the plan will present (as a minimum) an oral plan to at least the next higher level for approval. The file must be documented to show: the nature of the urgency, the content of the oral plan, and the name of the individual that approved it. This document may be prepared after award when preparation before award would unreasonably delay the acquisition. The documentation may be included in the justification required by FAR 6.302-2(c). (e) Acquisition plans for contracts expected to exceed $100,000 which propose using other than full and open competition must be coordinated with and concurred in by the cognizant competition advocate unless the proposed contract will be awarded under the authority at FAR 6.302-5 or will be awarded under a class justification approved by the Associate Administrator for Acquisition Policy. HCA's may require coordination and concurrence of the cognizant competition advocate for contracts equal to or less than $100,000. The cognizant competition advocate is: (1) The contracting activity competition advocate, as defined in Subpart 502.1, for contracts exceeding $100,000, but equal to or less than $10,000,000. (2) The agency competition advocate, as defined in Subpart 502.1, for contracts exceeding $10,000,000. The contracting activity competition advocate shall concur in all plans before submission to the agency competition advocate. [54 FR 26504, June 23, 1989, as amended at 55 FR 28631, July 12, 1990] 507.105 Contents of written acquisition plans. (a) The specific content of a plan will vary depending on the nature of the acquisition and the dollar value involved. HCA's may authorize: (1) Development of standard plan outlines meeting the needs of individual programs; (2) Substitution of automated plans which adequately address individual elements; (3) Modification of the suggested information for limited acquisition plans by deleting inapplicable elements or adding new ones as needed. (b) The outline in FAR 7.105 must be used as the basis for comprehensive acquisition plans required under GSA Order APD 2800.13A. If an element does not apply, it must be so annotated. Elements may be added to the outline as appropriate. It is suggested that a limited acquisition plan include the information cited below. [54 FR 26504, June 23, 1989, as amended at 55 FR 28631, July 12, 1990] EDITORIAL NOTE: At 55 FR 28630, July 12, 1990, GSA published a document attempting to amend paragraph (b) of 507.105. However, because of inaccurate amendatory language paragraphs (b) (1) and (2) were removed. GSA will publish a document correcting the amendatory language for 507.105(b). Subpart 507.3—Contractor Versus Government Performance 507.305 Solicitation provisions and contract clauses. The contracting officer shall insert the clause at 552.207-70, Report of Employment Under Commercial Activities, in solicitations which may result in a conversion from in-house performance to contract performance of work currently being performed by the Government and in contracts that result from the solicitations, whether or not a cost comparison is conducted. 507.307 Appeals. Appeal procedures are in GSA Order, Implementation of the OMB Circular A-76 Productivity Improvement Program (ADM P. 5400.40). PART 508-REQUIRED SOURCES OF SUPPLIES AND SERVICES Subpart 508.3-Acquisition of Utility Services Sec. 508.301 Definitions. 508.304 Acquiring utility services. 508.304-5 Agency acquisition. 508.307 Precontract acquisition reviews. 508.307-1 General. 508.370 Annual rate reviews. 508.371 GSA forms. Subpart 508.6-Acquisition From Federal Prison Industries, Inc. 508.604 Ordering procedures. 508.604-70 Delinquent delivery orders. 508.605 Clearances. Subpart 508.7—Acquisition From the Blind and Other Severely Handicapped 508.705-70 Adding items to the Procurement List. 508.705-71 Workshop performance capability. 508.705-72 Allocations and orders. Subpart 508.8—Acquisition of Printing and 508.802 Policy. AUTHORITY: 40 U.S.C. 486(c). SOURCE: 54 FR 26505, June 23, 1989, unless otherwise noted. Subpart 508.3—Acquisition of Utility Services 508.301 Definitions. Utility service, as used in FAR 8.3 and this subpart, does not include snow or trash removal services. Such services are nonpersonal in nature and must be procured as such. (See 29 CFR 4.130(a)(43) and (51).) 508.304 Acquiring utility services. 508.304-5 Agency acquisition. (a) Except as authorized by FAR 8.304-5 (g) and (h), contracting officers shall use the GSA Form 1533, Utility Contract, when awarding utility service contracts for specific facilities. (b) Contracting officers shall notify the Public Utilities Services Division (PPU) in accordance with FAR 8.3045(g), when a utility service supplier refuses to execute a contract. 508.307 Precontract acquisition reviews. 508.307-1 General. GSA contracting officers shall submit proposed utility contracts that meet the criteria at FAR 8.307-1 to the Public Utilities Services Division (PPU) for review. Requests for precontract review must be prepared in accordance with FAR 8.307-4. In those instances where it is necessary to award a letter contract for utility services pursuant to FAR 16.603-2, and the annual cost exceeds the threshold for review in FAR 8.307-1, the requirement for a preaward review is waived. However, a copy of the letter contract and the related findings and determination must be submitted to PPU within 15 days of the award. The letter contract must be definitized in accordance with FAR 16.603-2(c) and submitted to PPU for precontract review and approval under FAR 8.307. 508.370 Annual rate reviews. Contracting officers shall review or cause to have reviewed annually each utility service contract that exceeds $25,000 per annum to determine whether the services are being billed at the rates on the contractor's lowest applicable rate schedule available to any customer under like conditions of service. The annual review will be conducted by: (a) Accumulating the 12 most recent monthly bills for the account under review and the contractor's current rate schedules. (b) Comparing the rate schedule used for billing with other applicable rate schedules. (c) Requesting the contractor to place the account reviewed under another rate schedule for billing purposes, if the review indicates the services are not being billed under the rate schedule that would result in the lowest cost. (a) The GSA Form 1533, Utility Contract, is for use in awarding utility service contracts for specific facilities. (b) The GSA Form 1684, Technical Provisions (Electric Utility Contract) is for use in contracts for electric utility services. (c) The GSA Form 3504, Service Contract Clauses, may be used in contracts for utility services. Subpart 508.6-Acquisition From Federal Prison Industries, Inc. 508.604 Ordering procedures. 508.604-70 Delinquent delivery orders. (a) Contracting officers shall establish delivery schedules based on the lead time required by Federal Prison Industries (FPI). Modifications of orders to extend the delivery schedules for excusable or inexcusable delays will not provide for a price adjustment. (b) Delinquent orders may indicate the need to request clearance to procure from other sources until FPI can make deliveries on time. Subpart 508.7-Acquisition From the Blind and Other Severely Handicapped 508.705-70 Adding items to the procurement list. (a) When a central non-profit agency (CNA) expresses an interest in a particular commodity or service being added to the Procurement List, the contracting officer shall provide the CNA with the most recent solicitations issued for the supply or service involved and the price(s) at which the item was awarded. (b) The Committee for Purchase From the Blind and Other Severely Handicapped (the Committee), if requested by the CNA, may assign the supply or service to the CNA for development by a workshop and will list the item in the Preliminary Evaluation Record. A copy of the record, updated monthly, is maintained by the Office of Small and Disadvantaged Business Utilization (AU). (c) Before issuing a solicitation, contracting officers shall request from the CNA, the status of any item previously identified as one in which the Committee has expressed interest. (d) The Committee may request that a procurement be delayed pending Committee action. The contracting activity shall consult with AU before rejecting such a request. 508.705-71 Workshop performance capability. In addition to the annual requirement, the purchase document must include an estimated monthly requirement. The contracting officer may verify the workshop's ability to satisfy the Government's anticipated requirement by requesting a preaward survey. If it is determined that the Government's estimated monthly requirement exceeds the workshop's ability to perform, a purchase exception may be requested only for those quantities which cannot be provided in a timely manner by the workshop. 508.705-72 Allocations and orders. In addition to the requirements prescribed in FAR 8.705, requests for allocations and orders must indicate the packaging, packing, or marking required if it differs from the specification cited, or otherwise provided in the Procurement List. Pricing of nonstandard requirements is covered in FAR 8.707. 508.705-74 Compliance with orders. (a) Contracting officers shall take appropriate action on delinquent delivery orders until all deliveries are made. In cases of excusable delays, contract delivery schedules should be extended without obtaining consideration. However, when the delay is inexcusable, normal procedures should be followed in reviewing and adjusting contract prices if appropriate. (b) If the CNA delays acting on a request for or refuses to grant a purchase exception, the matter should be referred to the contracting director for 509.105-1 Obtaining information. (a) In making a determination of responsibility, the contracting officer may use the GSA Form 527, Contractor's Qualifications and Financial Information, to obtain information regarding financial capability from a prospective contractor. (b) Advice should be obtained from all appropriate activities, including legal counsel, quality control, credit and finance, in arriving at a determination that an offeror qualifies as responsible under the standards set forth in FAR 9.104. (c) The "auditor" in FAR 9.1051(b)(2)(ii) is the Assistant Inspector General for Audits in the Central Office or the Regional Inspector General for Audits in the regions except for the evaluation of a prospective contractor's financial competence and credit needs, then it is the Chief, Credit and Finance Section, Region 6. 509.105-3 Disclosure of preaward information. When an offer is rejected because of a determination by the contracting officer that the prospective contractor is not responsible, the contracting officer shall notify the prospective contractor by letter of the basis for the (1) The experience and past performance record of the offeror and the dollar value of the procurement; (2) The extent and currency of previous preaward surveys; (3) Whether a bid guarantee is submitted and the type of guarantee submitted (i.e., corporate surety, individual surety, irrevocable letter of credit); (4) Information as to the offeror's prior performance; and (5) The adequacy of financial information submitted by the offeror (i.e., certified balance sheets and income statements, audited annual reports). Should a financial analysis be determined necessary, it should include a credit report to identify delinquent debts, especially those owed to the Federal Government. (b) The preaward survey may be limited in scope under FAR 9.106-2(e) to those aspects of the responsibility determination for which the contracting officer is lacking information. 509.106-2 Requests for preaward surveys. The contracting officer or a designee requests a preaward survey by forwarding the Standard Form 1403, Preaward Survey of Prospective Contractor (General), accompanied by the appropriate subparts of the preaward survey (Standard Forms 1404 through 1408) to the surveying activities. The Federal Supply Service is authorized to use GSA Form 353, Plant Facilities Report, for preaward surveys instead of Standard Forms 1403 through 1406. The contracting officer shall complete Section I of the GSA Form 353 in accordance with instructions in 553.370– 353-I. 509.106-70 Disagreement with preaward survey recommendations. When the contracting officer does not concur with the preaward survey recommendation, the contract file must be documented as to the basis of the determination of contractor responsibility. The concurrence of an official one level above the contracting director (see GSAR 502.101) must be obtained before awarding a contract to a firm which received an unfavorable preaward survey. The activity that prepared the preaward survey must be given a copy of the contracting officer's justification for overriding the preaward survey recommendation. Subpart 509.2-Qualification Requirements 509.202 Policy. (a) The Federal Supply Service Commodity Center Engineering Division Director shall prepare the written justification required by FAR 9.202(a)(1). (b) The heads of contracting activities shall approve determinations under FAR 9.202(e) that a proposed procurement need not be delayed to comply with FAR 9.202(a). 509.204 Responsibility for establishment of a qualification requirement. The Commodity Center Director shall make determinations under FAR 9.204(a)(2) that the Government should bear the cost of conducting specified testing and evaluation for a small business concern or a product manufactured by a small business con cern. 509.206 Acquisitions subject to qualification requirements. 509.206-1 General. The contracting director shall submit requests that a qualification requirement not be enforced in a particular acquisition to the Commodity Center Engineering Division Director under FAR 9.206-1(e)(3). |