404.670 Solicitation provision.

The contracting officer shall insert the provision at 452.204-70, Data Universal Numbering System (DUNS), in each solicitation that will result in an award which will be subject to reporting on Form AD-760.

[53 FR 6062, Feb. 29, 1988]

Subpart 404.8-Contract Files 404.805 Disposal of contract files.

Contracting activities shall comply with their organizational file plans and disposition guides with respect to procedures for handling, storing, and disposing of contract files and other acquisition related documents. Contracting activity file plans and disposition guides shall not include provisions that permit contract files to be destroyed before the times indicated in FAR 4.805.

404.870 Document numbering system. The Department has prescribed a standardized numbering system for acquisition documents.

404.870-1 Purchase

order/delivery

order numbering system.

USDA purchasing activities shall number their purchase/delivery orders in accordance with NFC Procedures Manual, "Purchase Orders," Title II, Section 5.1.

(6) Code 55-aircraft rental (for firefighting purposes only) contract;

(7) Code 56-personal equipment rental (rental of vehicular equipment for firefighting purposes only) contract;

(8) Code 57-leasehold interest in real property contract

(b) Ordering Office. This four-position alpha-numeric code corresponds to the last four characters of the contracting office's GSA assigned FEDSTRIP requisitioner number.

(c) Fiscal Year. This one-position code corresponds to the last digit of the fiscal year in which the contract becomes effective.

(d) Control Number. This up-to-five position code (from one to five characters may be used) will be assigned by the contracting office. While contracts will generally be numbered consecutively (1 through 99999), contracting of

fices may assign codes in any manner of their choosing. Codes may not be repeated, however, unless one of the preceding data elements (transaction code, ordering office, or fiscal year) changes. Alpha, as well as numeric, characters may be used in any one or more of the five positions.

[49 FR 12114, Mar. 28, 1984, as amended at 50 FR 14197, Apr. 10, 1985]

Subpart 404.70-Precontract Notices

404.7001 Solicitation provision.

The contracting officer shall insert a provision substantially the same as the provision at 452.204-71, Inquiries, in all solicitations.

[53 FR 6062, Feb. 29, 1988]

PART 405-PUBLICIZING

CONTRACT ACTIONS

Subpart 405.4 Release of Information

Sec.

405.404-1 Release procedures.

Subpart 405.5-Paid Advertisements

405.502 Authority.

AUTHORITY: 5 U.S.C. 301 and 40 U.S.C.

486(c).

SOURCE: 49 FR 12115, Mar. 28, 1984, unless otherwise noted.

Subpart 405.4-Release of Information

405.404-1 Release procedures.

(a) HCA's shall establish procedures to control the release of long-range acquisition estimates as authorized under FAR 5.404-1.

(b) Classified information shall not be released without the approval of the Chief, Security and Employee Relations Staff, Office of Personnel.

[49 FR 12115, Mar. 28, 1984, as amended at 50 FR 14197, Apr. 10, 1985]

Subpart 405.5-Paid Advertisements

405.502 Authority.

HCA's are authorized to order the publication of an advertisement in newspapers. HCA's may redelegate this authority by regulation, order, or memorandum to subordinates within the contracting activity.

PART 406-COMPETITION REQUIREMENTS

Subpart 406.3-Other Than Full Open
Competition

406.302 Circumstances permitting other
than full and open competition.
406.302-70 Otherwise authorized by law.

AUTHORITY: 5 U.S.C. 301; 40 U.S.C. 486(c); and Sec. 1470, Pub. L. 95-113, 91 Stat. 1019 (7 U.S.C. 3316).

SOURCE: 51 FR 34566, Sept. 29, 1986, unless otherwise noted.

Subpart 406.3-Other Than Full and Open Competition

406.302 Circumstances

permitting other than full and open competition.

406.302-70 Otherwise authorized by law.

(a) Authority. Section 1472 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3318) authorizes the Secretary to award contracts, without competition, to further research, extension, ог teaching programs in the food and agricultural sciences.

(b) Limitations. The use of this authority is limited to those instances where it can be determined that contracting without full and open competition is in the best interest of the Government and necessary to the accomplishment of a research, extension, or teaching program. Therefore:

(1) Contracts under the authority of the Act shall be awarded on the basis of full and open competition; and

(2) When full and open competition is not deemed appropriate, the contracting officer shall make a written justification on a case-by-case basis in accordance with the procedures in FAR 6.303.

and Surplus Removal Program (42 U.S.C. 1755 and 7 U.S.C. 612C), the Department Debarring Officer has delegated debarring authority to the Agricultural Marketing Service.

409.404 Consolidated list of debarred, suspended, and ineligible contractors.

(a) The Department Debarring Officer is the department's single point of contact with GSA for debarment and suspension actions taken under this subpart. The debarring officer in the Agricultural Marketing Service shall notify the Department Debarring Officer of each debarment and suspension action by promptly submitting a copy of the debarment or suspension notice and any later changes to the debarment or suspension status. The Department Debarring Officer will forward a copy of each notice to GSA for inclusion in the Government-wide consolidated list.

(b) The Chief, Procurement Division, Office of Operations, is responsible for arranging bulk distribution of the consolidated list to contracting activities under the USDA Automated Mailing List. Contracting activities must make their own internal distribution.

409.405 Effect of listing.

Compelling reasons are considered to be present where failure to contract with the debarred or suspended contractor would seriously harm the agency's programs and prevent accomplishment of mission requirements. The Director, Office of Operations, is authorized to make the determinations under FAR 9.405. Requests for such determinations shall be submitted through the HCA to the Director, Office of Operations.

409.405-1 Continuation of current contracts.

The HCA is authorized to make the determinations under FAR 9.405-1.

409.405-2 Restrictions on subcontracting.

The HCA is authorized to approve subcontracts with debarred or suspended subcontractors under FAR 9.405-2.

409.406 Debarment.

409.406-3 Procedures.

(a) Investigation and referral. When a contracting officer becomes aware of possible irregularities or any information which may be sufficient cause for debarment, the case shall be immediately referred through the HCA to the debarring official. The case must be accompanied by a complete statement of the facts (including a copy of any criminal indictments, if applicable) along with a recommendation for action. Where the statement of facts indicates the irregularities to be possible criminal offenses, or for any other reason further investigation is considered necessary, the matter shall be referred to the HCA who should consult with the Office of Inspector General to determine if further investigation is required prior to referring to the debarring official.

(b) Decision-making process. If, after reviewing the recommendations and consulting with the Office of Inspector General and Office of the General Counsel, as appropriate, the debarring official determines debarment is justified, the debarring official shall initiate the proposed debarment in accordance with FAR 9.406-3(c) and notify the HCA of the action taken.

(c) Fact-finding proceedings. For actions listed under FAR 9.406–3(b)(2), the contractor shall be given the opportunity to appear at an informal hearing. The hearing should be held at a location and time that is convenient to the parties concerned, if at all possible. The contractor and any specifically named affiliates may be represented by counsel or any duly authorized representative. Witnesses may be called by either party. The proceedings shall be conducted expeditiously and in such a manner that each party will have an opportunity to present all information considered pertinent to the proposed debarment. The contractor shall be provided a copy of a transcript of the proceedings under the conditions established in FAR 9.406-3(b)(2)(ii).