Subpart 9-1.6-Debarred, Suspended and Ineligible Bidders

SOURCE: The provisions of this Subpart 9-1.6 appear at 29 F.R. 13811, Oct. 7, 1964. § 9-1.600 Scope of subpart.

This subpart implements and supplements the policies and procedures set forth in FPR Subpart 1-1.6 relating to the debarment, suspension or ineligibility of bidders for any cause.

§ 9-1.602 Establishment and maintenance of a list of concerns or individuals debarred, suspended or declared ineligible.

The Director, Division of Contracts, shall establish and maintain a list of firms or individuals debarred or ineligible for contracts with the AEC and with AEC cost-type prime contractors pursuant to § 1-1.602. This list shall be designated as the List of Disqualified Bidders and Ineligible Contractors, and its use by all AEC procuring activities is mandatory. The Director, Division of Contracts, shall periodically publish this list and distribute it to AEC contracting officers.

§ 9-1.602-1 Bases for entry on debarred, suspended or ineligible list. The Director, Division of Contracts, shall place all firms and individuals within the categories specified in §§ 1-1.602-1 and 1-1.604 on the List of Disqualified Bidders and Ineligible Contractors as soon as determination is made of debarment or ineligibility. AEC debarments under § 1-1.604 are subject to the procedural requirements in § 9-1.606. § 9-1.603 Treatment to be accorded firms or individuals in debarred, suspended or ineligible status.

The Director, Division of Contracts, may determine, pursuant to § 1-1.603(a), that an exception is essential to the public interest for a specific procurement action only. Such action shall be documented to reflect the determination and the justification therefor.

§ 9-1.606 Agency procedure. § 9-1.606-1

ments.

AEC procedural require

This section establishes AEC internal procedures for giving effect to Subpart 1-1.6 as required by § 1-1.606.

§ 9-1.606-50

Reporting procedures.

All Headquarters Divisions, Offices, Managers of Field Offices, and contracting officers are responsible for reporting any evidence of offenses or irregularities which may be grounds for debarment or suspension. The report shall be made

to the Director, Division of Contracts. The report shall contain a full statement of facts, and shall be supported by appropriate exhibits. If all necessary information is not readily available, a preliminary report shall be forwarded to be followed as soon as practicable by a completely documented report.

§ 9-1.606-51 Collection of information and investigation.

(a) The Director, Division of Contracts, shall collect and evaluate information to determine whether an alleged offense or irregularity warrants the initiation of a debarment proceeding.

(b) The Director, Division of Contracts, may request assistance from the Division of Inspection whenever an investigation may be required. The Division of Inspection will make a thorough investigation of the circumstances as expeditiously as possible, and will report the results to the Director, Division of Contracts.

the event a low bid or proposal is received from the firm or individual before the proposed debarment is finally determined;

(4) Inform the firm or individual of its right, within twenty (20) days of the date of the notice of the proposed debarment, or such other time as may be specified in the notice, to request a hearing;

(5) Provide that the firm or individual may submit a written reply to the notice of proposed debarment within twenty (20) days of its date, or such other time as may be specified in the notice. The reply shall set forth the facts on which the firm or individual relies and request a hearing, if one is desired.

(6) Inform the firm or individual that if no reply or request for hearing is received within twenty (20) days from the date of the notice of proposed debarment or such other time as may be specified in the notice, that the debarment will become effective on a date specified in the notice.

§ 9-1.606-54 Hearing.

A hearing, if requested, shall be conducted before the AEC Board of Contract Appeals. (See 10 CFR § 3.17, "Conduct

§ 9-1.606-57 Final debarment determination after the forfeiture of the right to be heard.

(a) If the Director, Division of Contracts, on the basis of an analysis of all information submitted for his review determines that the proposed debarment is not warranted, he shall notify, in writing, the firm or individual concerned within forty (40) days after the notice of proposed debarment.

(b) If the Director, Division of Contracts, on the basis of an analysis of all information submitted for his review, determines that the proposed debarment is warranted, he shall transmit his recommendation for debarment, and all information on which such recommendation is based, to the General Manager. The General Manager shall determine in writing whether to debar. If the General Manager determines to debar,

(a) [Reserved].

(b) Specific policies.

(1) Headquar

ters and Field Offices shall cooperate with the SBA in implementing the policies and procedures set forth in FPR 1-1.7 and this subpart.

(2) Managers of Field Offices shall appoint persons under their jurisdiction to serve in a liaison capacity with SBA representatives. Managers of Field Offices shall request cost-type contractors to make similar appointments.

(3) The AEC-SBA Agreement set forth in AECPR 9-1.751 provides a basis for cooperation between the two agencies to further the AEC small business program and the intent of Congress which is set forth in the Small Business Act. It is expected that Field Offices, through contracting officers, will cooperate with the SBA in establishing set-aside programs or in setting aside selected items or classes of items of procurement. Where SBA representatives are not available to screen proposed procurements and to initiate joint small business setasides, unilateral small business setasides shall be made by the contracting officers as appropriate.

[27 F.R. 1166, Feb. 8, 1962, as amended at 29 F.R. 5343, Apr. 21, 1964; 30 F.R. 6483, May 11, 1965]

§ 9-1.705-3 Screening of procurements. (a) [Reserved]

(b) Class set-asides. An agreement has been reached between the AEC and the SBA that AEC would accept SBA initiation of class set-asides for formally advertised construction procurements estimated to cost between $2,500 and

$500,000, including new construction, and repair, maintenance, and alteration of structures. When, in the judgment of the contracting officer, a particular procurement falling within these dollar limits is determined unsuitable for a setaside for exclusive small business participation, he shall notify the appropriate SBA representative of this decision. Unless SBA appeals the decision (see FPR 1-1.706-2), the contracting officer shall proceed to process the procurement on an unrestricted basis. Proposed contracts for construction, and repair, maintenance, and alteration of structures having an estimated cost of more than $500,000 shall not be set aside for exclusive small business participation. [30 F.R. 15214, Dec. 9, 1965]

§ 9-1.708-3 Conclusiveness of certificate of competency.

If the contracting officer questions the acceptability of an SBA certificate of competency based on substantial doubt as to a particular firm's ability to perform, he shall, before award, promptly refer the matter to the Director, Division of Contracts, for a final decision. § 9-1.709 Records and reports.

A semi-annual small business report shall be prepared by each Field Office and forwarded to the Director, Division of Contracts, not later than the thirtieth day following the end of the six-month period covered by the report. Managers

of Field Offices shall require similar reports to be prepared by cost-type contractors to accompany the Field Office reports. Reports shall be prepared as follows:

(a) Narrative statement regarding the operation of the program during the sixmonth period.

(b) Tabulation of the following factual information:

(1) Number of contracts awarded to small business concerns during the sixmonth period which have not previously received contracts.

(2) Number of small business concerns added to bidders' mailing lists during the six-month period.

(3) Number and dollar value of awards to small business concerns compared to

the number and dollar value of awards suitable for small business concerns.

(4) Number and dollar value of invitations to bid and requests for proposals referred to SBA.

(5) Number and dollar value of setasides to small business.

[29 F.R. 15644, Nov. 21, 1964, as amended at 30 F.R. 6519, May 12, 1965]

§ 9-1.751

AEC-SBA Agreement.

A revised agreement for cooperation was signed by the Chairman of the AEC and the Administrator of the SBA in October 1960. The term "Operations Office," as used in the agreement, shall also apply to Field Offices. The text of this Agreement follows:

(a) Introduction. The purpose of this document is to revise and to continue an agreement between the Atomic Energy Commission (AEC) and the Small Business Administration (SBA), which has resulted in a friendly cooperative relationship since the agreement was established originally in 1953. The agreement provides a basis for cooperation between the two agencies in order to further the AEC small business program and the intent of Congress which is set forth in the Small Business Act. To the extent applicable, the agreement will be supplemented by the Federal Procurement Regulations (FPR's), pertaining to Small Business, which include definitions and uniform procedures for set-asides and Certificates of Competency.

(b) Agreement. The AEC and SBA will continue to establish and maintain liaison between appropriate combinations of AEC Operations Offices and SBA Regional Offices for exchanges of information regarding AEC opportunities for small businesses, suggestions of qualified small business concerns, and other appropriate matters.

(c) Liaison—(1) Establishment. SBA Regional Offices will continue to establish and maintain liaison with the AEC Operations Offices within their respective regions. Such liaison may include arrangements with respect to the Area Offices and cost-type contractors administered by an Operations Office. Where an AEC Operations Office is located in one SBA region and its Area Offices and cost-type operating contractors are located in other SBA regions, the SBA Regional Office serving the region in which the Area Office or cost-type operating contractor is located shall contact the AEC Operations Office concerned regarding the establishment

(e) Time factor. It is anticipated that in some circumstances the time available for the submission of bids may be too short for some small business concerns suggested by SBA to participate. In these circumstances, qualified small business concerns which are unable to participate will be added to bidders lists and invited to participate in subsequent procurements or sales.

(f) Appropriate opportunities. Appropriate opportunities, for the purpose of this agreement, will not include opportunities which must involve Government sources, those that security requirements will not permit to be publicly disclosed, and those where the urgency is too great to permit broad solicitation of bids or development of additional sources.

(g) Review of agreement. This agreement will be reviewed on a periodic basis to determine whether the purpose of the agreement is being achieved and whether expansion and/or modification would be appropriate.