[Title 48 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2001 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
48
Chapter 29 to End
Revised as of October 1, 2001
Federal Acquisition Regulations System
Containing a codification of documents
of general applicability and future effect
As of October 1, 2001
With Ancillaries
Published by
Office of the Federal Register
National Archives and Records
Administration
A Special Edition of the Federal Register
[[Page ii]]
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 2001
For sale by the Superintendent of Documents, U.S. Government Printing Office
Internet: bookstore.gpo.gov Phone: (202) 512-1800 Fax: (202) 512-2250
Mail: Stop SSOP, Washington, DC 20402-0001
[[Page iii]]
Table of Contents
Page
Explanation................................................. vi
Title 48:
Chapter 29--Department of Labor 3
Chapter 34--Department of Education Acquisition
Regulation 61
Chapter 35--Panama Canal Commission 89
Chapter 44--Federal Emergency Management Agency 173
Chapter 51--Department of the Army Acquisition
Regulations 197
Chapter 52--Department of the Navy Acquisition
Regulations 207
Chapter 53--Department of the Air Force Federal
Acquisition Regulation Supplement [Reserved]
Chapter 54--Defense Logistics Agency, Department of
Defense 215
Chapter 57--African Development Foundation 219
Chapter 61--General Services Administration Board of
Contract Appeals 221
Chapter 63--Department of Transportation Board of
Contract Appeals 261
Chapter 99--Cost Accounting Standards Board, Office
of Federal Procurement Policy, Office of Management
and Budget 275
Finding Aids:
Table of CFR Titles and Chapters........................ 493
[[Page iv]]
Alphabetical List of Agencies Appearing in the CFR...... 511
List of CFR Sections Affected........................... 521
[[Page v]]
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 48 CFR 2901.100
refers to title 48, part
2901, section 100.
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[[Page vi]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which usually bear the
name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
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HOW TO USE THE CODE OF FEDERAL REGULATIONS
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To determine whether a Code volume has been amended since its
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EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
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OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[Page vii]]
Many agencies have begun publishing numerous OMB control numbers as
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OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
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of provisions in effect on a given date in the past by using the
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CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
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The Federal Register Index is issued monthly in cumulative form.
This index is based on a consolidation of the ``Contents'' entries in
the daily Federal Register.
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of material appearing
in the Code of Federal Regulations.
INQUIRIES
For a legal interpretation or explanation of any regulation in this
volume, contact the issuing agency. The issuing agency's name appears at
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ELECTRONIC SERVICES
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[[Page viii]]
The Office of the Federal Register also offers a free service on the
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Raymond A. Mosley,
Director,
Office of the Federal Register.
October 1, 2001.
[[Page ix]]
THIS TITLE
Title 48--Federal Acquisition Regulations System is composed of
seven volumes. The chapters in these volumes are arranged as follows:
Chapter 1 (parts 1 to 51), chapter 1 (parts 52 to 99), chapter 2 (parts
201 to 299), chapters 3 to 6, chapters 7 to 14, chapters 15 to 28 and
chapter 29 to end. The contents of these volumes represent all current
regulations codified under this title of the CFR as of October 1, 2001.
The Federal acquisition regulations in chapter 1 are those
government-wide acquisition regulations jointly issued by the General
Services Administration, the Department of Defense, and the National
Aeronautics and Space Administration. Chapters 2 through 99 are
acquisition regulations issued by individual government agencies. Parts
1 to 69 in each of chapters 2 through 99 are reserved for agency
regulations implementing the Federal acquisition regulations in chapter
1 and are numerically keyed to them. Parts 70 to 99 in chapters 2
through 99 contain agency regulations supplementing the Federal
acquisition regulations.
The OMB control numbers for the Federal Acquisition Regulations
System appear in section 1.106 of chapter 1. For the convenience of the
user section 1.106 is reprinted in the Finding Aids section of the
second volume containing chapter 1 (parts 52 to 99).
The first volume, containing chapter 1 (parts 1 to 51), includes an
index to the Federal acquisition regulations.
[[Page x]]
[[Page 1]]
TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
(This book contains chapter 29 to End)
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Part
chapter 29--Department of Labor............................. 2901
chapter 34--Department of Education Acquisition Regulation.. 3401
chapter 35--Panama Canal Commission......................... 3501
chapter 44--Federal Emergency Management Agency............. 4401
chapter 51--Department of the Army Acquisition Regulations.. 5108
chapter 52--Department of the Navy Acquisition Regulations.. 5215
chapter 53--Department of the Air Force Federal Acquisition Regulation
Supplement [Reserved]
chapter 54--Defense Logistics Agency, Department of Defense. 5416
chapter 57--African Development Foundation.................. 5706
chapter 61--General Services Administration Board of
Contract Appeals.......................................... 6101
chapter 63--Department of Transportation Board of Contract
Appeals................................................... 6301
[[Page 2]]
chapter 99--Cost Accounting Standards Board, Office of
Federal Procurement Policy, Office of Management and
Budget.................................................... 9900
[[Page 3]]
CHAPTER 29--DEPARTMENT OF LABOR
(Parts 2900 to 2999)
--------------------------------------------------------------------
SUBCHAPTER A--GENERAL
Part Page
2901 Department of Labor Acquisition Regulation
System.................................. 5
2902 Definitions of words and terms.............. 16
2903 Improper business practices and personal
conflicts of interest................... 16
2904 Administrative matters...................... 18
SUBCHAPTER B--ACQUISITION PLANNING
2905 Publicizing contract actions................ 19
2906 Competition requirements.................... 20
2907 Acquisition planning........................ 20
2908 Required sources of supplies and services... 21
2909 Contractor qualifications................... 21
2910 Specifications, standards, and other
purchase descriptions................... 23
SUBCHAPTER C--CONTRACTING METHODS AND CONTRACT TYPES
2913 Small purchase and other simplified purchase
procedures.............................. 25
2914 Sealed bidding.............................. 26
2915 Contracting by negotiation.................. 27
2916 Types of contracts.......................... 29
2917 Special contracting methods................. 29
SUBCHAPTER D--SOCIOECONOMIC PROGRAMS
2919 Small business and small disadvantaged
business concerns....................... 31
2920 Labor surplus area concerns................. 35
2922 Application of labor laws to Government
acquisitions............................ 36
2923 Environment, conservation, and occupational
safety.................................. 37
2924 Protection of privacy and freedom of
information............................. 38
[[Page 4]]
2925 Foreign acquisition......................... 38
SUBCHAPTER E--GENERAL CONTRACTING REQUIREMENTS
2928 Bonds and insurance......................... 41
2929 Taxes....................................... 41
2930 Cost accounting standards................... 41
2931 Contract cost principles and procedures..... 41
2932 Contract financing.......................... 41
2933 Protests, disputes, and appeals............. 43
SUBCHAPTER F--SPECIAL CATEGORIES OF CONTRACTING
2935 Research and development contracting........ 46
2936 Construction and architect-engineer
contracts............................... 46
2937 Service contracting......................... 48
SUBCHAPTER G--CONTRACT MANAGEMENT
2942 Contract administration..................... 50
2943 Contract modifications...................... 50
2945 Government property......................... 51
2948 Value engineering........................... 52
2949 Termination of contracts.................... 52
2951 Use of Government sources by contractors.... 52
SUBCHAPTER H--CLAUSE AND FORMS
2952 Solicitation provisions and contract clauses 54
2953 Forms....................................... 54
[[Page 5]]
SUBCHAPTER A--GENERAL
PART 2901--DEPARTMENT OF LABOR ACQUISITION REGULATION SYSTEM--Table of Contents
Subpart 2901.1--Regulation System
Sec.
2901.100 Scope of subpart.
2901.101 Purpose.
2901.102 Authority.
2901.103 Applicability.
2901.103-70 Exclusions.
2901.104 Issuance.
2901.104-1 Publication and code arrangement.
2901.104-2 Arrangement of regulations.
2901.104-3 Copies.
Subpart 2901.2--Administration
2901.201 Maintenance of the FAR.
2901.201-1 The Civilian Agency Acquisition Council.
Subpart 2901.3--Agency Acquisition Regulations
2901.301 Policy.
2901.302 Limitations.
2901.303 Codification and public participation.
2901.304 Agency control and compliance procedures.
Subpart 2901.4--Deviations From the FAR and DOLAR
2901.403 Individual deviations.
2901.404 Class deviations.
2901.405 Deviations pertaining to treaties and executive agreements.
Subpart 2901.6--Contracting Authority and Responsibilities
2901.601 General.
2901.602 Contracting officers.
2901.602-1 Authority.
2901.603 Selection, appointment, and termination of appointment.
2901.603-1 General.
2901.603-70 Modification of appointment.
2901.603-71 Ratification of unauthorized contract awards.
2901.603-72 Responsibility of other Government personnel.
2901.603-73 Contracting officer's representatives.
2901.603-74 Legal review and assistance.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8914, Mar. 5, 1985, unless otherwise noted.
Subpart 2901.1--Regulation System
2901.100 Scope of subpart.
This subpart sets forth introductory information pertaining to the
Department of Labor Acquisition Regulation, referred to as the DOLAR.
This subpart explains the relationship of the DOLAR to the Federal
Acquisition Regulation (FAR) and explains the DOLAR's purpose,
authority, applicability, exclusions, and issuance.
2901.101 Purpose.
(a) This subpart establishes chapter 29, the Department of Labor
Acquisition Regulation, within title 48, the Federal Acquisition
Regulations System, of the Code of Federal Regulations.
(b) The purpose of the DOLAR is to implement the FAR, where further
implementation is needed, and to supplement the FAR when coverage is
needed for subject matter not covered in the FAR. The DOLAR is not by
itself a complete document as it must be used in conjunction with the
FAR.
2901.102 Authority.
The DOLAR and amendments thereto are issued by the Procurement
Executive pursuant to a delegation from the Secretary in accordance with
the authority of DOL Temporary Regulation Number 44, dated February 18,
1983, in accordance with section 1 of the Act of March 4, 1913 (29
U.S.C. 551, 37 Stat. 736), as amended; 5 U.S.C. 301, and the Federal
Property and Administrative Services Act of 1949, as amended, and other
applicable law.
2901.103 Applicability.
The FAR and DOLAR apply to all DOL acquisitions of supplies and
services which obligate appropriated funds unless otherwise specified in
this regulation.
2901.103-70 Exclusions.
Certain DOL policies and procedures which might otherwise come
within
[[Page 6]]
the scope of this regulation may be excluded from the DOLAR where there
is appropriate justification, such as:
(a) Subject matter that is procedural in nature and internal to the
operation of the Department. These matters are contained in the
Department of Labor Manual Series (DLMS).
(b) Instructional or training material that more fully explains
matters covered in the FAR and DOLAR.
(c) Unless otherwise specifically stated, subject matter which deals
with assistance programs where the award instruments are other than
acquisition contracts. Administrative requirements governing all grants
and agreements by which Department of Labor agencies award funds to
State and Federal Governments, Indian and Native American entities,
public and private institutions of higher education and hospitals, and
other quasi-public and private nonprofit organizations are codified
separately at part 29-70 of title 41 of the Code of Federal Regulations.
2901.104 Issuance.
2901.104-1 Publication and code arrangement.
(a) The DOLAR and its subsequent changes are published when issued
in daily issues of the Federal Register and in cumulative form in the
Code of Federal Regulations.
(b) The DOLAR is issued as chapter 29 of title 48 of the Code of
Federal Regulations.
2901.104-2 Arrangement of regulations.
(a) General. The DOLAR is divided into the same parts, subparts,
sections, subsections and paragraphs as is the FAR. However, when the
FAR coverage is adequate by itself, there will be no corresponding DOLAR
part, subpart, etc.
(b) Numbering. Where DOLAR implements the FAR, the implementing
part, subpart, section or subsection of the DOLAR will be numbered and
captioned, to the extent feasible, the same as the FAR part, subpart,
section or subsection being implemented except that the implementation
will be preceded with a 29 or a 290 such that there will always be four
numbers to the left of the first decimal. For example, the DOLAR
implementation of FAR 1.104-1 is shown as 2901.104-1 and DOLAR
implementation of FAR subpart 24.1 is shown as subpart 2924.1. Material
which supplements the FAR will be assigned the numbers 70 and up. For
example, DOL regulations governing appointment and termination of
appointment of contracting officers' representatives is identified as
2901.603-70.
(c) References and citations. (1) This regulation may be referred to
as the Department of Labor Acquisition Regulation or the DOLAR.
(2) References to FAR materials within this regulation will include
FAR and the identifying number, for example, FAR 1.104-2(c)(2).
References to DOLAR materials within the regulation will simply cite the
identifying number, for example, 2901.104-2(c)(2).
2901.104-3 Copies.
Copies of the DOLAR published in the Federal Register or Code of
Federal Regulations may be purchased from the Superintendent of
Documents, Government Printing Office, Washington, DC 20402. Requests
should reference the DOLAR as chapter 29 of title 48. The Code of
Federal Regulations is printed in paperback edition with updates as
needed, and revised as of October 1 of each year. Requests for the CFR
version of the DOLAR should reference chapter 29 of title 48.
Subpart 2901.2--Administration
2901.201 Maintenance of the FAR.
2901.201-1 The Civilian Agency Acquisition Council.
(a) The Department of Labor shall be represented on the Civilian
Agency Acquisition Council by a staff member of the Office of
Procurement and Grant Policy, Directorate of Procurement and Grant
Management, Office of the Assistant Secretary for Administration and
Management, appointed for that purpose by the Director, Directorate of
Procurement and Grant Management.
[[Page 7]]
(b) The Office of Procurement and Grant Policy will be responsible
for coordination with all interested DOL elements regarding proposed FAR
revisions and advocating revisions sought by DOL.
Subpart 2901.3--Agency Acquisition Regulations
2901.301 Policy.
(a) The Department of Labor Acquisition Regulation (DOLAR) System
consists of policies, procedures and regulations which implement or
supplement the FAR at specific levels within the Department of Labor.
The Federal Acquisition Regulation (FAR) and the DOLAR System govern the
contracting process and control contracting relationships between
contractors and the Departments' agencies and offices.
(b) The DOLAR is issued pursuant to the authority of the Secretary
of Labor under 5 U.S.C. 301, 29 U.S.C. 551, 40 U.S.C. 486(c), and other
authority specifically stated, and is subject to the overall authority
of the Administrator of General Services. See FAR 1.301(c)(3).
2901.302 Limitations.
DOLAR System issuances are limited to:
(a) Published, codified, Department-wide regulations which implement
or supplement FAR policies and procedures and which affect organizations
or individuals seeking to contract with the Department;
(b) Published, codified, lower-level regulations of agencies and
offices which contain additional policies and procedures that supplement
the FAR to satisfy the specific and unique needs of the agency or
office.
2901.303 Codification and public participation.
(a) Published issuances under the DOLAR are codified under chapter
29 in title 48, Code of Federal Regulations and parallel the FAR in
format, arrangement and numbering system.
(b) Regulations codified under chapter 29 are limited to those
affecting private or public, profit or not for profit concerns,
organizations or individuals desiring to enter into contracts with the
Department. Public participation procedures used in the promulgation of
codified regulations under the DOLAR System will follow procedures of
FAR subpart 1.5.
2901.304 Agency control and compliance procedures.
(a) The DOLAR System is under the direct oversight and control of
the Director, Directorate of Procurement and Grant Management.
Procedures for review and approval of issuances under the DOLAR System
comply with FAR subparts 1.3 and 1.4. These procedures are contained in
2901.6.
(b) DOLAR System issuances shall comply with the restrictions in FAR
1.304(b) and the limitations in 2901.302. DOL Agencies and offices may
implement or supplement the FAR or DOLAR with internal instructions not
applicable DOL-wide. Additionally, they may request publication in the
DOLAR of procurement instructions and other procurement material
considered of interest to the general public. Such instructions shall
not duplicate higher-level coverage and shall be numbered in accordance
with FAR 1.104-2 except that the numbers prescribed there and in
2901.104-2 shall be suffixed by the alphabetic abbreviation or other
symbol of the respective Agency issuing the instructions. Each DOL
Agency and office shall establish, at the headquarters level, review and
approval procedures for maintaining oversight and control of all DOLAR
System issuances for their respective Agency or office. These procedures
shall include methods to prevent unnecessary duplication of higher-level
coverage; ensure consistency and uniformity among issuances; control the
number of directives issued; update directives; and distribute copies.
(c) DOL Agencies and offices shall submit all proposed instructions
and materials that implement or supplement the DOLAR to the Director,
Directorate of Procurement and Grant Management, for review in
conjunction with the Solicitor prior to their publication. All
issuances, whether or not published as a part of the DOLAR System, shall
be submitted for review. In the case of internal procurement
instructions, the purpose of the review is
[[Page 8]]
to ascertain that such instructions are consistent with the FAR and the
DOLAR and that they do not contain information which should be issued as
the DOLAR.
Subpart 2901.4--Deviations From the FAR and DOLAR
2901.403 Individual deviations.
(a) The Director, Directorate of Procurement and Grant Management,
is authorized to approve deviations from FAR provisions (see FAR 1.403)
or DOLAR provisions which affect only one contracting action.
(b) Requests for deviations under paragraph (a) of this section
shall be submitted by the head of the contracting activity and include
justification as to why the deviation is required.
(c) A copy of the approved deviation shall be included in the
contract file.
2901.404 Class deviations.
(a) The Director, Directorate of Procurement and Grant Management,
is authorized to approve class deviations of FAR or DOLAR provisions
which affect more than one contracting action.
(b) Requests for deviations under paragraph (a) of this section,
shall be submitted by the head of the contracting activity and include
justification as to why the deviation is required and the number of
contracting actions which will be affected.
(c) A copy of each approved class deviation shall be referenced in
the contract file.
(d) Recommended revisions to the FAR and a copy of each approved
class FAR deviation shall be transmitted to the FAR Secretariat by the
Director, Directorate of Procurement and Grant Management, as required
in FAR 1.404.
2901.405 Deviations pertaining to treaties and executive agreements.
(a) The Director, Directorate of Procurement and Grant Management,
is responsible for transmitting to the FAR Secretariat the information
required in FAR 1.405 (d) and (e).
Subpart 2901.6--Contracting Authority and Responsibilities
2901.601 General.
This subpart deals with contracting authority and responsibilities
of the head of the agency as defined in 2901.1 and 2902.1, FAR subpart
1.6 and this subpart.
2901.602 Contracting officers.
2901.602-1 Authority.
Information on the limits of contracting officers' authority shall
be maintained by the head of each contracting activity as required in
FAR 1.601-1. The Directorate of Procurement and Grant Management shall
also maintain this information.
2901.603 Selection, appointment, and termination of appointment.
2901.603-1 General.
(a) First tier delegation. The Assistant Secretary for
Administration and Management (ASAM), acting through the Procurement
Executive, is the chief departmental official for all acquisition and
grant matters as outlined in Secretary's Order 4-76, for:
(1) Prescribing policies, procedures, and standards regarding the
solicitation, award, and administration of all DOL acquisitions and
grants for financial assistance (e.g., cooperative agreements, grants,
and similar instruments) obligating Federal funds for the purpose of:
(i) Obtaining property and services for the DOL and/or third
parties.
(ii) Promoting DOL programs and objectives through financial
assistance.
(2) Acquiring property and services for the United States Government
under Title I of the Federal Property and Administrative Services Act of
1949 (63 Stat. 379).
(3) Establishing reporting requirements necessary for effective
departmental acquisitions and grant management and for complying with
data needs promulgated by the Office of Management and Budget (OMB), the
General Services Administration (GSA), the General Accounting Office
(GAO), and other agencies. This includes the SF-1099 report, ``Income
[[Page 9]]
Other Than Wages,'' and ``Federal Procurement Data System'' (FPDS) and
``Federal Assistance Award Data System'' (FAADS) input.
(b) In the Department of Labor, contracting officer and grant
officer authority and responsibility have been delegated from the
Secretary of Labor through the Assistant Secretary for Administration
and Management (ASAM) to the following officials or officers acting in
their behalf:
(1) The Assistant Secretary for Employment and Training.
(2) The Assistant Secretary for Occupational Safety and Health.
(3) The Deputy Under Secretary for Employment Standards.
(4) The Assistant Secretary for Mine Safety and Health.
(5) The Deputy Under Secretary for International Affairs.
(6) The Commissioner of Labor Statistics.
(7) The Inspector General.
(8) The Regional Administrators--OASAM.
(9) The Director, National Capital Service Center, OASAM.
(c) Delegations and limitations. Subject to the limitations set
forth in this paragraph and paragraph (g), the officials designated in
paragraph (b) possess full authority to obligate the U.S. Government
through the use of contracts, agreements, orders, grants, and/or other
similar instruments. This authority includes obligating Federal funds
for the purpose of obtaining property and services for the government
and/or third parties, or for the purpose of promoting DOL programs or
objectives through financial assistance. Each official designated in
paragraph (b) (except the Inspector General), is delegated authority and
responsibility for issuing purchase orders for purchases under GSA
Federal Supply Schedules, FEDSTRIP, and from open-market sources not to
exceed the small purchases limitation. Acquisition of typewriters,
office copiers, adding machines, and calculators must be written against
blanket purchase orders maintained for such equipment by the National
Capital Service Center, OASAM. Acquisitions of copier equipment require
prior approval of the Directorate of Administrative Services and Safety
and Health Programs. Paragraph (g)(2) outlines limitations on the
purchase, lease and renewal of lease(s) of ADP equipment, software and
services. Approval authority for competitive acquisition of consulting
and related services costing less than $50,000 cannot be redelegated by
the head of the contracting activity. Other delegations in this section
may be further redelegated by the designated officials within their
areas of assigned responsibility, except that small purchase authority
delegated to the Assistant Secretary for Employment and Training, the
Assistant Secretary for Occupational Safety and Health, the Deputy Under
Secretary for Employment Standards, and the Commissioner of Labor
Statistics is limited to the National Office only and may not be
redelegated to the Regional Offices. Before issuing redelegations,
contracting officers should consider the following factors to determine
the extent to which authority shall be redelegated:
Volume of contracting programs; presence of, or capability of
obtaining adequately trained personnel; consolidation of smaller
contracting programs and offices on a geographical basis; and the
overall strengthening of the acquisition process by the selection of
qualified personnel. Criteria for selection, appointment and termination
of Contracting/Grant Officers are contained in the Department of Labor
Manual Series (DLMS-2) Chapter 800. Copies of the DLMS Chapter may be
obtained upon written request from the Office of Procurement and Grant
Policy, Directorate of Procurement and Grant Management, Office of the
Assistant Secretary for Administration and Management, U.S. Department
of Labor, 200 Constitution Avenue, NW., Washington, DC 20210. An
information copy of every further redelegation must be furnished to the
OASAM, Directorate of Procurement and Grant Management.
(d) Responsibilities. The following redelegations are made subject
to the requirements and exceptions outlined in paragraph (g) regarding
prior approval requirements and the limitations on authority to issue
purchase orders and contracts for the purchase, lease and renewal of
lease(s) for ADP equipment,
[[Page 10]]
software and services; and acquisition of consulting and related
services.
(1) The Assistant Secretary for Employment and Training, or an
officer acting in that capacity, is delegated authority and
responsibility for:
(i) Obtaining all program property and services required to fulfill
the statutory and regulatory responsibilities imposed on the Assistant
Secretary for Employment and Training.
(ii) Approval of all grantee acquisitions of ADP equipment, software
and services using grants-in-aid to State and local governments.
(iii) Establishing and maintaining an imprest fund.
(2) The Assistant Secretary for Occupational Safety and Health, or
an officer acting in that capacity, is delegated authority and
responsibility for:
(i) Issuance of grant agreements with States as required under the
statutory and regulatory requirements imposed on the Assistant Secretary
for Occupational Safety and Health.
(ii) Reimbursements to States, pursuant to section 7(c)(1) of the
Occupational Safety and Health Act of 1970 (OSH Act of 1970) (29 U.S.C.
656(c)(1)) for State services, facilities, and personnel used to carry
out the statutory and regulatory responsibilities imposed on the
Assistant Secretary for Occupational Safety and Health.
(iii) Issuance of grants, pursuant to section 21(b) of the OSH Act
of 1970 (29 U.S.C. 670(b)) for short term training of personnel.
(iv) Issuance of grants to nonprofit organizations for
implementation of the expanded Employer-Employee Training Program under
section 21(c) of the OSH Act of 1970 (29 U.S.C. 670(c)).
(3) The Deputy Under Secretary for Employment Standards, or an
officer acting in that capacity, is delegated authority and
responsibility for:
(i) Entering into agreements with States to enhance Federal/State
cooperative efforts for the administration of comparable employment
standards programs.
(ii) Procuring medical services necessary for the adjudication of
claims for injury and occupational disease filed by Federal employees in
accordance with the Federal Employees Compensation Act (5 U.S.C. 8101,
et seq.) and the Federal Coal Mine Health and Safety Act of 1969, as
amended (Pub. L. 91-173, 83 Stat. 742).
(4) The Assistant Secretary for Mine Safety and Health, or an
officer acting in that capacity, is delegated authority and
responsibility for:
(i) Acquisition of all program property and services required to
fulfill the statutory and regulatory responsibilities imposed on the
Assistant Secretary for Mine Safety and Health.
(ii) Issuing grants as required by the Mine Safety and Health Act of
1977 (30 U.S.C. 801 et seq.).
(iii) The purchase, lease, or renewal of lease(s) of ADP equipment,
software and services costing $100,000 or less without prior approval of
the Directorate of Information Resources Management (DIRM), OASAM.
Requirements shall not be fragmented in order to circumvent this
$100,000 threshold. ADP equipment, software or services costing more
than $100,000 require prior approval of DIRM. Prior approval of DIRM for
ADP equipment, software, or services costing less than $100,000 is also
required when costs involved exceed GSA blanket delegation thresholds
granted under FIRMR 201-23.104.
(5) The Deputy Under Secretary for International Affairs, or an
officer acting in that capacity, is delegated authority and
responsibility for:
(i) Acquisition of supplies and services required in support of
training and orientation of foreign nationals.
(ii) Acquisition of supplies and services required in support of
overseas exhibitions required under statutory and regulatory
responsibilities imposed on the Deputy Under Secretary for International
Affairs.
(iii) International responsibilities not funded by an annual
appropriation.
(6) The Commissioner of Labor Statistics, or an officer acting in
that capacity, is delegated authority and responsibility for:
(i) Acquisition of supporting statistical economic research
services, required under the statutory and regulatory responsibilities
imposed on the Commissioner of Labor Statistics.
(ii) Selling special statistics developed by the Bureau of Labor
Statistics in accordance with the Act of April 13, 1934 (29 U.S.C. 9 et
seq.).
[[Page 11]]
(7) The Inspector General, or an officer acting in that capacity, is
delegated authority and responsibility for contracting with State and
local agencies for audit services in accordance with section 4 of the
Federal Grant and Cooperative Agreement Act of 1977 (41 U.S.C. 503).
(8) The Regional Administrators--OASAM, or officers acting in that
capacity, are delegated authority and responsibility within their
respective regions, for:
(i) The acquisition of property and services required for the
Regional Offices, including all imprest fund purchases, GSA Federal
Supply Schedule purchases, and open-market purchases. The acquisition of
records equipment when the cost does not exceed the small purchases
limitation for a single system. Purchases for typewriters, office
copiers, adding machines, and calculators must be written against
blanket purchase orders maintained for such equipment by the National
Capital Service Center, OASAM. The purchase of copier equipment requires
prior approval of the Directorate of Administrative Services and Safety
and Health Programs.
(ii) Contracting for ADP operational services to support regional
remote job entry capabilities. This authority does not include the
purchase, lease, or renewal of lease(s) for ADP equipment or software.
Prior approval of ADP operational services is required from DIT whenever
a Delegation of Procurement Authority (DPA) or sharing clearance is
required from the General Services Administration (GSA).
(9) The Director, National Capital Service Center, OASAM, or an
officer acting in that capacity, is delegated authority and
responsibility for acquisition of all property and services on behalf of
DOL activities except for those contracting and grant responsibilities
designated above. This includes (except for the Mine Safety and Health
Administration (MSHA)) acquisition authority for the purchase, lease,
and renewal of lease(s) of all ADP equipment, software and all ADP
services where Agencies have obtained prior approval from the
Directorate of Information Resources Management (DIRM), OASAM, as
appropriate.
(e) Compliance responsibilities. Each official designated in
paragraph (b) is responsible for:
(1) Complying with the policies, procedures and reporting
requirements established by the ASAM.
(2) Complying with the policies, procedures and other requirements
prescribed by OMB, GSA, and other central agencies, and such
implementing instructions as the Department may issue. This specifically
includes competition for services and products within the small
purchases limitation and restrictions on the use of consultant
contracts, audiovisual productions, etc.
(3) Within the limitations specified in this subpart, obtaining all
property and services required to fulfill the statutory and regulatory
responsibilities of the Agency or Office.
(f) Policy responsibilities. The following officials have
acquisition policy responsibilities within the DOL:
(1) The Director, Directorate of Procurement and Grant Management,
OASAM, or an officer acting in that capacity, is responsible for:
(i) Developing and publishing guidelines, policies, and regulations
for DOL acquisition and grant operations.
(ii) Reviewing and evaluating administrative procedures for DOL
acquisition and grant operations.
(iii) Providing technical advice and assistance to those DOL
officials and officers with acquisition and grant responsibilities. This
includes interpreting the Federal Acquisition Regulations and the
Department of Labor Acquisition Regulations and obtaining legal advice
and assistance from the Solicitor of Labor as required.
(iv) Providing continuous coordination with appropriate DOL and
Federal Agencies to ensure compliance with procurement and grant
regulations.
(v) Providing technical advice and support to the ASAM in complying
with the reporting requirements outlined in paragraph (a)(3).
(2) The Director, Directorate of Information Resources Management
(DIRM), OASAM, or an officer acting in that capacity, is responsible
for:
(i) Reviewing and providing prior approval for the purchase, lease
or renewal of lease(s) of ADP equipment, software and services costing
$100,000
[[Page 12]]
or more (the purchase price is to be used to determine inclusion in this
paragraph regardless of whether the item is to be purchased or leased)
and for all ADP services. Requirements shall not be fragmented in order
to circumvent this $100,000 threshold. Reviews involving lower amounts
will be made when costs involved exceed GSA blanket delegation
thresholds granted under FIRMR 201-23.104.
(ii) Providing oversight, including periodic system reviews, to
promote efficient and effective management of information technology
resources.
(iii) Reviewing ADP procurement requests for compliance with
procurement policies, standards, and regulations.
(iv) Representing DOL and agencies in DOL in liaison with GSA and
OMB on ADP matters.
(v) Developing and publishing policies and guidelines for managing
information technology resources.
(3) The Director, Office of Small and Disadvantaged Business
Utilization (OSDBU), is responsible for:
(i) Assuring participation of the Department in the Federal Small
and Disadvantaged Business Program as specified in section 8(a) (small
disadvantaged business set-asides) and section 15 (procurement in labor
surplus areas) of the Small Business Act, as amended (15 U.S.C. 637(a)
and 644), and Executive Orders 11625 (Minority Business Enterprises) and
12138 (Women-Owned Business Enterprises).
(ii) Assuring participation and input of each Program Agency in
establishing DOL goals for increased opportunities for small and
disadvantaged business concerns to participate in the Department's
procurement and grant activities.
(iii) Providing technical advice and assistance to Program Agencies
in establishing Agency goals for utilizing small and disadvantaged
businesses.
(iv) Developing systematic procedures, guidelines and regulations
for assuring the effective implementation of the provisions of the Small
Business Act, as amended, and Executive Orders 11625 and 12138.
(v) Maintaining liaison with the Small Business Administration (SBA)
on matters regarding sections 8 and 15 of the Small Business Act, as
amended (15 U.S.C. 637(a) and 644), and Executive Order 12138, and the
Department of Commerce on matters relating to Executive Order 11625.
(4) The Director, Office of Information and Public Affairs (OIPA),
is responsible for:
(i) Reviewing all purchase orders, requisitions and contracts for
audiovisual productions including those which contain an audiovisual
component along with other activities before the request is processed
and approved by OASAM or another Agency to assure compliance with DOL
and OMB requirements. All types of audiovisual productions are covered,
including projects for training, education, internal communications,
and/or public information purchases. Training and education products
will not be reviewed for content but rather for the professional
quality, effectiveness and cost of the communications material being
produced. (See Guidelines for Management of Departmental Audiovisual
Activities, issued pursuant to OMB Circular A-114 and Secretary's Order
5-79.)
(ii) Reviewing all purchase orders, requisitions, and contracts for
the rental or purchase of major audiovisual equipment to be used in
production work before the request is processed and approved by OASAM or
another DOL Agency to assure compliance with DOL and OMB requirements.
Production equipment includes motion picture and videotape cameras,
editing equipment and duplication equipment for videotape and film.
Review is not necessary for such equipment as still cameras, projectors
and tape players, cassette tape players, etc.
(5) The Procurement Review Board is responsible for:
(i) Reviewing all requests to award contracts, grants, agreements,
or modifications thereto (as described in this paragraph (f)(5)) and
recommending approval or disapproval to the ASAM:
(A) Requests for noncompetitive procurements, discretionary grants
and agreements exceeding the small purchases limitation;
(B) Noncompetitive consulting and related services requests,
including purchase orders, and personnel appointments of consultants and
experts;
[[Page 13]]
(C) Competitive procurements for consulting and related services
costing $50,000 or more and modifications thereto as described in
paragraph (g) of this section;
(D) Major procurements and those with high waste vulnerability; and
(E) Requests for noncompetitive research, evaluation and
demonstration projects after prior review by the Assistant Secretary for
Policy.
(ii) Assuring compliance with the scope of the Board's authority,
with OMB and DOL guidelines for use of consulting and related services
and other special acquisitions.
(iii) Approval by the ASAM of requests identified in this paragraph
(f)(5) do not constitute award of a contract. The contracting officer
has final approval authority.
(g) Exceptions to delegations of authority. The assignment of
procurement responsibilities described in paragraph (b) are subject to
the exclusions listed below:
(1) Procurement of consulting and related services. (i) The ASAM
retains authority and responsibility for approval of requests for
consulting and related services for individuals and organizations under
the following circumstances:
(A) When acquisitions by either contract or purchase order are to be
awarded without competition, regardless of amount, or for those
competitive actions costing $50,000 or more; and
(B) When modifications involving changes in dollar amounts,
deliverables under contracts or (under rare circumstances) extensions to
existing consulting and related services contracts are required.
(ii) The heads of the contracting activities retain approval
authority for the acquisition of consulting and related services costing
less than $50,000 which are obtained through competitive procedures.
(2) Automated data processing (ADP). The following requirements and
limitations exist for the purchase or lease of ADP equipment, software
and services:
(i) Authority to issue purchase orders and contracts is limited only
to those officials in paragraph (b) with procurement responsibility
explicitly including this authority.
(ii) Acquisition of ADP equipment, software and services costing
$100,000 or more requires prior approval of DIRM, OASAM.
(iii) Acquisition of ADP equipment, software and services costing
less than $100,000 do not require prior approval of DIRM, OASAM, unless
costs involved exceed GSA blanket delegation thresholds granted under
FIRMR 201-23.104. However, agencies are responsible for complying with
FIRMR documentation requirements.
(3) Records equipment. The purchase of records equipment; defined as
file cabinets, shelf files, visible files, mechanized files, files
guides, folders, jackets, wallets, and similar items used in the
creation and maintenance of records and in mail handling requires
special authority. Federal Property Management Regulation 101-11.306 as
implemented by the Department of Labor Manual Series (DLMS-1) requires
that: Form DL 1-194 be completed by the Agency Records Officer and
forwarded to the Departmental Records Officer, DIRM, OASAM, for approval
prior to acquisition. Regional Administrators--OASAM are delegated this
approval authority for their respective regions. In keeping with GSA
Bulletins FPMR B-120 and B-122 which discourage the use of legal-size
files, no new legal size records equipment is to be purchased.
(4) The OSDBU will periodically monitor DOL Agency acquisition and
grant functions which relate to the preferential programs to determine
their effectiveness and adherence to Federal and DOL requirements.
(5) The Assistant Inspector General for Audit will periodically
audit Agency acquisition and grant functions to determine compliance
with governing regulations, policies and procedures.
(h) Rescission of authority. The ASAM acting through the Director,
Directorate of Procurement and Grant Management, reserves the right to
rescind the acquisition and grant authority delegated herein if it is
determined that such action is in the best interest of the Government.
[50 FR 8914, Mar. 5, 1985, as amended at 51 FR 40372, Nov. 6, 1986]
[[Page 14]]
2901.603-70 Modification of appointment.
To modify a contracting officer's authority, the present appointment
shall be revoked and a new certificate issued.
2901.603-71 Ratification of unauthorized contract awards.
(a) The Government is not generally bound by agreements or
contractual commitments made to contractors or prospective contractors
by persons to whom acquisition authority has not been delegated. Such
unauthorized acts may be in violation of the Federal Property and
Administrative Services Act of 1949, other Federal laws, the FAR, the
DOLAR, and good acquisition practice; e.g., certain requirements of law
and regulation necessary for the proper establishment of a contractual
obligation may not be met, such as certification of the availability of
funds, determinations and findings, competition of sources,
determination of contractor responsibility, price/cost analysis,
administrative approvals, negotiations of appropriate contract clauses,
etc.
(b) Unauthorized commitments shall not be ratified unless it would
have been otherwise proper to enter into a contract prior to the
commitment. As used herein, the phrase ``otherwise proper'' means that a
ratification of an unauthorized commitment can be made only if there
occurred no violation of any substantive legal requirements; e.g., there
can be no ratification unless a sole source can be justified; a
determination made that the contractor is not debarred or otherwise
ineligible for award; the Organizational Conflict of Interest reviews
and determinations, if required, are completed; and where all other
substantive legal requirements have been met. Whenever it is discovered
that any person is performing work as a result of an unauthorized
commitment, that person shall be advised that such work is being
performed at their own risk pending establishment of valid contractual
coverage. The Head of the Contracting Activity (HCA) shall then be
notified of the circumstances. If the HCA agrees that the work appears
to be without valid authorization, the Director, Directorate of
Procurement and Grant Management, shall be notified by the HCA in
accordance with the procedures outlined in paragraph (c) of this
section.
(c) Requests received by contracting officers for ratification of
commitments made by personnel lacking contracting authority shall be
processed as follows:
(1) The individual who made the unauthorized contractual commitment
shall furnish the contracting officer all records and documents
concerning the commitment and a complete, written statement of facts,
including, but not limited to, a statement as to why the acquisition
office was not used, why the proposed contractor was selected and a list
of other sources considered, description of work to be performed or
products to be furnished, estimated or agreed contract price, citation
of appropriation available, and a statement as to whether the contractor
has commenced performance. Under exceptional circumstances, such as when
the person who made the unauthorized commitment is no longer available
to attest to the circumstances of the unauthorized commitment, the
Director, Directorate of Procurement and Grant Management, may waive the
requirement that the responsible employee initiate and document the
request; Provided the Head of the Contracting Activity determines in
writing that the commitment was in fact made by an employee who shall be
identified in the determination.
(2) The request for ratification, an approved justification for
noncompetitive acquisition, and the information required by paragraph
(c)(1) of this section, must be forwarded to the HCA for concurrence,
together with recommended corrective actions to preclude recurrence.
(3) If the HCA concurs with the request for ratification, the
request and concurrence shall be forwarded to the Director, Directorate
of Procurement and Grant Management, for review by the Procurement
Review Board (PRB). The PRB will review the request, the
[[Page 15]]
Justification for Non-Competitive Acquisition, any comments or
information submitted by the contracting officer which should be
considered in evaluation of the request, and the information submitted
in accordance with paragraph (c)(2) of this section. Based upon this
review and advice from the Office of the Solicitor, the PRB will proceed
as follows:
(i) If the request submitted does not appear to be justified, it
will be returned to the concurring HCA without approval with an
explanation of the decision not to ratify.
(ii) If the request and the recommended corrective actions appear
justified and adequate, the PRB may ratify the action, with the
concurrence of the Assistant Secretary for Administration and
Management, return the file to the contracting officer for action, and
monitor the implementation of the corrective action plan. The
contracting officer shall direct the disposition of all products and
deliverables received by the Government as a result of an unauthorized
commitment.
(iii) A detailed record of the review shall be maintained for audit
purposes.
2901.603-72 Responsibility of other Government personnel.
(a) Responsibility for the decision of what to buy and when to buy
rests with program and certain staff offices and the head of the agency
or designee. Responsibility for determining how to buy, the conduct of
the buying process, and execution of the contract rests with the
contracting officer.
(b) Personnel responsible for making decisions to buy should
maintain a close and continuous relationship with their acquisition
activity to ensure that acquisition personnel are made aware of
contemplated acquisition actions. This will be mutually beneficial in
terms of better planning for acquisition action and more timely,
efficient and economical acquisition.
(c) Personnel not delegated contracting authority may not commit the
Government, formally or informally, to any type of contractual
obligation. However, program personnel who must use the contracting
process to accomplish their programs, must support the contracting
officer in ensuring that:
(1) Requirements are clearly defined and specified;
(2) Competitive sources are solicited, evaluated, and selected;
(3) Quality standards are prescribed, and met;
(4) Performance or delivery is timely;
(5) Files are documented to substantiate the judgments, decisions,
and actions taken.
2901.603-73 Contracting officer's representatives.
(a) A contracting officer may designate other Government personnel
to act as authorized representatives for such functions as technical
monitoring, inspection, approval of shop drawings, testing, approval of
samples, and other functions of a technical nature not involving a
change in the scope, price, terms or conditions of the contract or
order. Such designation shall be in writing and shall contain specific
instructions as to the extent to which the representative may take
action for the contracting officer, but will not contain authority to
sign contract documents. The responsibilities and limitations of the
contracting officer's representatives may be set forth in the contract
or in a separate letter, a copy of which shall be furnished to the
contractor.
(b) A person assigned to a contracting office and performing primary
duties in a position within a contracting office, and under the
supervision of a contracting officer, does not require written
designation as a representative of the contracting officer nor
designation in a contractual document to perform assigned duties. Such a
person is considered to be an employee of the contracting officer,
acting in the latter's behalf and, as such, has the authority and
responsibility to perform, under the terms and conditions of employment,
and to act as assigned by the contracting officer. The contracting
officer, however, shall not authorize such an employee, acting as a
representative for the contracting officer, to sign any contractual
documents or letter in those instances where the signature of a
contracting officer is required.
[[Page 16]]
2901.603-74 Legal review and assistance.
Proposed acquisitions may be subject to legal review by the Office
of the Solicitor of Labor. Internal DOL procedures are contained in the
Department of Labor Manual Series (DLMS-2, Chapter 900, Section 910).
Copies of the DLMS Chapter may be obtained upon written request from the
Office of Procurement and Grant Policy, Directorate of Procurement and
Grant Management, Office of the Assistant Secretary for Administration
and Management, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210.
[51 FR 40373, Nov. 6, 1986]
PART 2902--DEFINITIONS OF WORDS AND TERMS--Table of Contents
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Subpart 2902.1--Definitions
2902.101 Definitions.
As used throughout this regulation, the following words and terms
are used as defined in this subpart unless (a) the context in which they
are used clearly requires a different meaning, or (b) a different
definition is prescribed for a particular part or portion of a part:
Contracting activity means an agency or office within the Department
with delegated procurement authority to manage contracting functions
associated with its mission. Within the Office of the Assistant
Secretary for Administration and Management, the National Capital
Service Center is the contracting activity.
Head of procuring activity means the Assistant Secretary for
Administration and Management; the Assistant Secretary for Employment
and Training; the Assistant Secretary for Mine Safety and Health, and
the Director, National Capital Service Center.
Head of the agency (also called agency head) means the Assistant
Secretary for Administration and Management.
Head of the contracting activity (HCA) means the Assistant Secretary
for Administration and Management; the Director, National Capital
Service Center, and the head of each DOL Agency and Office listed in
2901.603-1(b) who has overall responsibility for managing the
contracting activity.
Procurement Executive means the Director, Directorate of Procurement
and Grant Management, and is synonymous with the term Senior Procurement
Executive defined at FAR subpart 2.1. Responsibilities of the
Procurement Executive include appointing the DOL advocate for
competition.
Procuring activity means the Office of the Assistant Secretary for
Administration and Management; the Employment and Training
Administration; the Mine Safety and Health Administration; and the
National Capital Service Center.
[50 FR 8921, Mar. 5, 1985, as amended at 51 FR 40373, Nov. 6, 1986; 53
FR 3839, Feb. 9, 1988]
PART 2903--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST--Table of Contents
Subpart 2903.1--Safeguards
Sec.
2903.101 Standards of conduct.
2903.101-3 Agency regulations.
Subpart 2903.2--Contractor Gratuities to Government Personnel
2903.203 Reporting suspected violations of the gratuities clause.
2903.204 Treatment of violations.
Subpart 2903.3--Reports of Identical Bids and Suspected Antitrust
Violations
2903.302 Reporting identical bids.
2903.302-2 Reporting requirements.
Subpart 2903.4--Contingent Fees
2903.409 Misrepresentation or violation of the Covenant Against
Contingent Fees.
Subpart 2903.5--Other Improper Business Practices
2903.502 Subcontractor kickbacks.
Subpart 2903.6--Contracts With Government Employees or Organizations
Owned or Controlled by Them
2903.602 Exceptions.
2903.603 Responsibilities of the contracting officer.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
[[Page 17]]
Source: 50 FR 8921, Mar. 5, 1985, unless otherwise noted.
Subpart 2903.1--Safeguards
2903.101 Standards of conduct.
2903.101-3 Agency regulations.
All DOL personnel engaged in acquisition related activities shall
conduct such activities in a manner above reproach in every respect. See
part 0 of title 29, CFR. Transactions relating to expenditure of public
funds require the highest degree of public trust to protect the
interests of the Government. See 2903.6 for requirements concerning
contracting with current or former DOL employees.
Subpart 2903.2--Contractor Gratuities to Government Personnel
2903.203 Reporting suspected violations of the gratuities clause.
(a) Action official. The Director, Directorate of Procurement and
Grant Management, is the DOL official authorized to take action pursuant
to FAR 3.204(c) against a contractor if it is determined that a
violation of the clause at FAR 52.203-3, Gratuities, has occurred. This
authority may not be redelegated.
(b) Referral. Whenever a suspected violation of the clause at FAR
52.203-3, Gratuities, becomes known to a DOL employee, the matter shall
be reported to the cognizant contracting officer. The report shall be in
writing and shall clearly state the circumstances surrounding the
incident or incidences where it is alleged that the contractor offered
or gave a gratuity to a DOL employee and intended by the gratuity to
obtain a contract or favorable treatment under a contract. The date(s),
location(s), and name(s) of all parties involved in the incident shall
be included in the report. The report shall also include a recommended
course of action in accordance with FAR 3.204(c) and shall be submitted
through the head of the contracting activity to the Director,
Directorate of Procurement and Grant Management for disposition.
2903.204 Treatment of violations.
(a) Notice of contractor. After review of the report and
consultation with the Office of the Solicitor and Office of the
Inspector General, as appropriate, the Director, Directorate of
Procurement and Grant Management shall determine further action to be
taken. If requested, the contractor shall be provided with a formal
notice which summarizes the events involving the suspected violations
and affords the contractor the opportunity to take the action(s) listed
under FAR 3.204(b). The notice shall contain a reasonable time limit for
reply and shall be sent by certified mail, return receipt requested.
(b) Action. Based on the contractor's response to the notice; the
results of any further discussions with the contractor, the counsel, or
witnesses; the review of additional documentary evidence; and other
pertinent information, the Director, Directorate of Procurement and
Grant Management, shall make a final and binding decision on the action
to be taken in accordance with FAR 3.204(c) and shall provide the
contractor with a formal notice of such action.
[50 FR 8921, Mar. 5, 1985, as amended at 51 FR 40373, Nov. 6, 1986]
Subpart 2903.3--Reports of Identical Bids and Suspected Antitrust
Violations
2903.302 Reporting identical bids.
2903.302-2 Reporting requirements.
Potential anti-competitive practices, such as described in FAR
3.301, and antitrust law violations as described in FAR 3.303, evidenced
in bids or proposals shall be reported to the Office of the Solicitor
through the Head of the Contracting Activity with a copy to the
Director, Directorate of Procurement and Grant Management. The Office of
the Solicitor will provide reports to the Attorney General as
appropriate.
[[Page 18]]
Subpart 2903.4--Contingent Fees
2903.409 Misrepresentation or violation of the Convenant Against Contingent Fees.
(a) Suspected misrepresentation or violations of the Convenant
Against Contingent Fees shall be documented and reported promptly to the
contracting officer for review and action under FAR 3.409.
(b) Suspected fraudulent or criminal violations shall be documented
in a report and submitted by the contracting officer to the Office of
the Solicitor prior to initiation of any actions outlined in FAR
3.409(b). A copy of the report shall be submitted to the Director,
Directorate of Procurement and Grant Management.
Subpart 2903.5--Other Improper Business Practices
2903.502 Subcontractor kickbacks.
(a) Reports on suspected violations of the Antikickback Act as
required by FAR 3.502(b) shall be prepared by the
contracting officer and submitted by the head of the contracting
activity to the Office of the Solicitor for further action. A copy of
the report shall be submitted to the Director, Directorate of
Procurement and Grant Management.
(b) The head of the contracting activity may initiate debarment or
suspension action in accordance with FAR 9.406-2 or 9.407-2 and 2909.4
of this chapter.
Subpart 2903.6--Contracts With Government Employees or Organizations
Owned or Controlled by Them
2903.602 Exceptions.
(a) The Assistant Secretary for Administration and Management is
authorized to except a contract from the policy in FAR 3.601.
(b) Negotiated contracts or grants or amendments to existing
contracts or grants which constitute new acquisition (including those
for the rental of real or personal property) may be entered into with
former employees of DOL or with firms in which former employees are
known to have a substantial interest, within a period of 1 year
subsequent to the termination of the individual's employment by DOL,
only with the prior written approval of the Assistant Secretary for
Administration and Management.
2903.603 Responsibilities of the contracting officer.
Approval of a decision to grant an exception as provided in 2903.602
shall be documented by a written determination and findings prepared by
the contracting officer for signature by the Assistant Secretary for
Administration and Management. The determination and findings shall
document compliance with FAR 3.603 and 2909.5; specify the compelling
reason(s) for award; and be placed in the contract file.
PART 2904--ADMINISTRATIVE MATTERS--Table of Contents
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8922, Mar. 5, 1985, unless otherwise noted.
Subpart 2904.6--Contract Reporting
2904.601 Federal Procurement Data System.
(a) DOL's data collection point is the Office of Procurement and
Grant Policy, Directorate of Procurement and Grant Management, U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210.
(b) The SF 279, Individual Contract Action Report (over $10,000),
and SF 281, Summary of Contract Actions of $10,000 or less, are due
monthly on the tenth day of the month.
[[Page 19]]
SUBCHAPTER B--ACQUISITION PLANNING
PART 2905--PUBLICIZING CONTRACT ACTIONS--Table of Contents
Subpart 2905.2--Synopsis of Proposed Contract Actions
Sec.
2905.202 Exceptions.
Subpart 2905.4--Release of Information
2905.403 Requests from Members of Congress.
2905.404 Release of long-range acquisition estimates.
2905.404-1 Release procedures.
Subpart 2905.5--Paid Advertisements
2905.502 Authority.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8922, Mar. 5, 1985, unless otherwise noted.
Subpart 2905.2--Synopsis of Proposed Contract Actions
2905.202 Exceptions.
The Procurement Executive is authorized to make the determination
prescribed in FAR 5.202(b). A written determination documenting the
reasons why advance notice is not appropriate or reasonable shall be
submitted by the HCA to the Director, Directorate of Procurement and
Grant Management, for appropriate action including communication with
the officials listed in FAR 5.202(b).
[51 FR 40374, Nov. 6, 1986]
Subpart 2905.4--Release of Information
2905.403 Requests from Members of Congress.
In addition to having access to the information available to the
general public, Members of Congress shall, upon their request, be given
full and detailed information regarding any particular DOL procurement.
The information provided shall be fully responsive to the member's
request unless such a response would disclose classified matter,
information not to be released pursuant to law, business confidential
information or information which would be prejudicial to the competitive
process. The contracting officer shall promptly consult with the Office
of the Solicitor and the Office of Legislative and Intergovernmental
Affairs to determine whether circumstances exist which will allow the
release of additional information. In such instances, the Congressional
requestor shall be furnished an interim reply providing the information
which is readily releasable. The interim reply shall describe the
problem which precludes release of any requested materials and describe
generally what steps, if any, are being taken to make such information
available.
2905.404 Release of long-range acquisition estimates.
2905.404-1 Release procedures.
(a) Heads of contracting activities are authorized to release long-
range acquistion estimates under the conditions in FAR 5.404-1.
(b) Offices contemplating the release of long-range acquisition
planning estimates shall coordinate with the Office of Information and
Public Affairs in advance of the release of such planning estimates.
Subpart 2905.5--Paid Advertisements
2905.502 Authority.
When it is deemed necessary to use paid advertisements in newspapers
and trade journals, written authority for such publication shall be
obtained from the Head of the Contracting Activity or designee.
PART 2906--COMPETITION REQUIREMENTS--Table of Contents
Subpart 2906.2--Full and Open Competition After Exclusion of Sources
Sec.
2906.202 Establishing or maintaining alternative sources.
[[Page 20]]
Subpart 2906.3--Other Than Full and Open Competition
2906.303 Justifications.
2906.303-1 Requirements.
Subpart 2906.5--Competition Advocates
2906.501 Requirement.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 51 FR 40374, Nov. 6, 1986, unless otherwise noted.
Subpart 2906.2--Full and Open Competition After Exclusion of Sources
2906.202 Establishing or maintaining alternative sources.
The Procurement Executive is authorized to make the determination
prescribed in FAR 6.202(b). A written determination shall be submitted
by the HCA to the Director, Directorate of Procurement and Grant
Management.
Subpart 2906.3--Other Than Full and Open Competition
2906.303 Justifications.
2906.303-1 Requirements.
(a) As prescribed in the Department of Labor Manual Series (DLMS) 2,
Chapter 830, any proposed noncompetitive aquisitions in excess of the
small purchases limitation must be fully justified, submitted to the DOL
Procurement Review Board and approved by the Assistant Secretary for
Administration and Management and, in the case of research contracts, by
the Assistant Secretary for Policy.
(b) The contracting officer is responsible for assuring that
proposed acquisitions below the dollar level specified in paragraph (a)
of this section are in compliance with FAR and DOLAR requirements
regarding competition.
Subpart 2906.5--Competition Advocates
2906.501 Requirement.
(a) The Competition Advocate for the Department of Labor is the
Director, Office of Procurement and Grant Policy, Directorate of
Procurement and Grant Management, OASAM.
(b) The head of the agency has delegated the authority to the
Procurement Executive to appoint the Agency and Procuring Activity
Competition Advocates. The Procurement Executive has delegated authority
to the Head of the Procuring Activity to appoint Procuring Activity
Competition Advocates.
PART 2907--ACQUISITION PLANNING--Table of Contents
Subpart 2907.1--Acquisition Plans
Sec.
2907.102 Policy.
Subpart 2907.3--Contractor Versus Government Performance
2907.307 Appeals.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Subpart 2907.1--Acquisition Plans
2907.102 Policy.
DOL Agencies and Offices shall develop acquisition plans for major
system acquisitions and major projects in accordance with FAR subpart
7.1 when the potential benefit justifies their development. The
Directorate of Procurement and Grant Management and the Procurement
Review Board will review each DOL Agency/Office Annual Advance
Procurement Plan to ensure compliance with this subpart.
[50 FR 8922, Mar. 5, 1985]
Subpart 2907.3--Contractor Versus Government Performance
2907.307 Appeals.
An appeal of a decision to convert to contract or to continue in-
house performance may be made by an affected party. Appeals shall be
made in writing, be based only on specific alleged material deviation
(or deviations), from OMB Circular A-76, and be supported by appropriate
documentation. Appeals must be delivered within 15 working days of the
announced decision, through the contracting officer
[[Page 21]]
and the Director, Directorate of Procurement and Grant Management, to
the Under Secretary.
[50 FR 8922, Mar. 5, 1985]
PART 2908--REQUIRED SOURCES OF SUPPLIES AND SERVICES--Table of Contents
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Subpart 2908.8--Acquisition of Printing and Related Supplies
2908.802 Policy.
(a) The Office of Printing, Directorate of Administrative Services
and Safety and Health Programs, has been designated as the DOL liaison
with the Joint Committee on Printing (JCP) and the Public Printer,
Government Printing Office (GPO), on all matters related to printing.
(b) Except as provided in paragraphs 35-2 through 35-4 of the
``Government Printing and Binding Regulations'' of the Congressional
Joint Committee on Printing, inclusion of printing as defined in FAR
8.801 in contracts for supplies and services is prohibited unless
specifically approved in writing by the Directorate of Administrative
Services and Safety and Health Programs.
[50 FR 8923, Mar. 5, 1985]
PART 2909--CONTRACTOR QUALIFICATIONS--Table of Contents
Subpart 2909.1--Responsible Prospective Contractors
Sec.
2909.105 Procedures.
2909.105-1 Obtaining information.
Subpart 2909.4--Debarment, Suspension, and Ineligibility
2909.400 Scope of subpart.
2909.404 Consolidated List of Debarred, Suspended, and Ineligible
Contractors.
2909.405 Effect of listing.
2909.405-1 Continuation of current contracts.
2909.406 Debarment.
2909.406-1 General.
2909.406-3 Procedures.
2909.407 Suspension.
2909.407-1 General.
2909.407-3 Procedures.
Subpart 2909.5--Organizational Conflicts of Interest
2909.503 Waiver.
2909.507 Procedures.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8923, Mar. 5, 1985, unless otherwise noted.
Subpart 2909.1--Responsible Prospective Contractors
2909.105 Procedures.
2909.105-1 Obtaining information.
(a) In addition to the sources of information listed in FAR 9.105-
1(c) to support determinations of responsibility or nonresponsibility,
the contracting officer shall use, if available, performance evaluation
reports on section 8(a) contractors (section 8(a) of the Small Business
Act as amended (15 U.S.C. 637(a)) and construction and architect-
engineer contractors (see 2936.201 and 2936.604).
(b) Contracting officers may obtain credit reports prior to the
issuance of any loan, loan guarantee, contract or grant through the
credit bureau service. The National Capital Service Center will award a
contract for the credit bureau service for use by all DOL contracting
activities until such services become available through an established
GSA Federal Supply Schedule.
[50 FR 8923, Mar. 5, 1985, as amended at 51 FR 40374, Nov. 6, 1986]
Subpart 2909.4--Debarment, Suspension, and Ineligibility
2909.400 Scope of subpart.
This subpart prescribes DOL policies and procedures governing the
debarment and suspension of contractors, the listing of debarred and
suspended contractors, contractors declared ineligible (see FAR 9.403)
and distribution of the list.
2909.404 Consolidated List of Debarred, Suspended, and Ineligible Contractors.
(a) The Directorate of Procurement and Grant Management, is
responsible for accomplishing the actions required in FAR 9.404(c).
[[Page 22]]
(b) The Directorate of Procurement and Grant Management, upon
receipt of monthly issues of the consolidated list from GSA, shall
distribute the issues to the heads of contracting activities.
(c) Weekly supplements to monthly lists shall be furnished to the
heads of contracting activities by the Directorate of Procurement and
Grant Management.
2909.405 Effect of listing.
The Director, Directorate of Procurement and Grant Management, is
authorized to make the determinations listed in FAR 9.405(a). Requests
for such determinations shall be submitted by the head of the
contracting activity to the Director, Directorate of Procurement and
Grant Management.
2909.405-1 Continuation of current contracts.
The Director, Directorate of Procurement and Grant Management, is
authorized to take the actions listed in FAR 9.405-1.
2909.406 Debarment.
2909.406-1 General.
(a) The Director, Directorate of Procurement and Grant Management,
is the debarring official for DOL and is authorized to debar a
contractor for any of the causes in FAR 9.406-2, using the procedures in
2909.406-3.
(b) Exceptions to debarment made by another Executive Agency shall
be made by the Director, Directorate of Procurement and Grant
Management, in accordance with the conditions in FAR 9.406-1(c).
2909.406-3 Procedures.
(a) Investigation and referral. Whenever a cause for debarment, as
listed in FAR 9.406-2, becomes known to a DOL employee, the head of the
contracting activity affected shall be notified. The head of the
contracting activity shall consult with the Office of the Solicitor and
the Office of the Inspector General, as appropriate, and submit a formal
recommendation which documents the cause for debarment to the Director,
Directorate of Procurement and Grant Management.
(b) Notice of proposal to debar. Based upon review of the
recommendation to debar and consultation with the Office of the
Solicitor and Office of the Inspector General, as appropriate, the
Director, Directorate of Procurement and Grant Management, shall
initiate proposed debarment by taking the actions listed in FAR 9.406-
3(c) and advising the contractor of DOL's rules under 2909.4.
(c) Factfinding proceedings. For actions listed under FAR 9.406-
3(b)(2), the Director, Directorate of Procurement and Grant Management,
shall afford the contractor the opportunity to appear at an informal
factfinding as required by FAR 9.406-3(b)(2)(i). The hearing shall be
conducted by the Office of Administrative Law Judges and shall be held
at a date and location convenient to the parties concerned. Subject to
the provisions of 29 CFR part 18, 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 a full opportunity to present all information considered
pertinent to the proposed debarment. A transcript of the proceedings
shall be made available to the contractor under the conditions in FAR
9.406-3(b)(2)(ii).
(d) Decision and notice. The Director, Directorate of Procurement
and Grant Management, shall make a decision on imposing debarment in
accordance with the procedures in FAR 9.406-3(d), findings of fact of
the Administrative Law Judge, and the conditions in FAR 9.406-4 and
9.406-5. Notice of the decision shall be provided to the contractor and
any affiliates involved in accordance with the procedures in FAR 9.406-
3(e).
2909.407 Suspension.
2909.407-1 General.
(a) The Director, Directorate of Procurement and Grant Management,
is the suspending official for DOL and is authorized to suspend a
contractor for any of the causes in FAR 9.407-2, using the procedures in
2909.407-3.
[[Page 23]]
(b) The Director, Directorate of Procurement and Grant Management,
is authorized to make the statement regarding suspension by another
agency suspending official under the conditions in FAR 9.407-1(d).
2909.407-3 Procedures.
(a) Investigation and referral. Whenever a cause for suspension, as
listed in FAR 9.406-2, becomes known to a DOL employee, the head of the
contracting activity affected shall be notified. The head of the
contracting activity shall consult with the Office of the Solicitor and
the Office of the Inspector General, as appropriate, and submit a formal
recommendation, which documents the cause for suspension, to the
Director, Directorate of Procurement and Grant Management.
(b) Notice of suspension. Based upon review of the recommendation to
suspend and consultation with the Office of the Solicitor and the Office
of the Inspector General, as required, the Director, Directorate of
Procurement and Grant Management, shall initiate suspension by taking
the actions listed in FAR 9.407-3(c) and advising the contractor of
DOL's rules under 2909.4.
(c) Factfinding proceedings. For actions listed under FAR 9.407-
3(b)(2), the Director, Directorate of Procurement and Grant Management,
shall afford the contractor the opportunity to appear at an informal
hearing as required by FAR 9.407-3(b)(2)(i). The hearing shall be
conducted under the conditions in 2909.407-3(c).
(d) Suspension decisions. The Director, Directorate of Procurement
and Grant Management, shall make a final decision on suspension as
prescribed in FAR 9.407-3(d). Notice of the decision shall be provided
to the contractor and any affiliates involved in accordance with the
provisions in FAR 9.407-3(d)(4).
Subpart 2909.5--Organizational Conflicts of Interest
2909.503 Waiver.
(a) The Director, Directorate of Procurement and Grant Management,
is authorized to waive any general rule or procedure in FAR 9.5 when its
application in a particular situation would not be in the Government's
interest. Pursuant to FAR 9.503, this authority may not be redelegated.
(b) Requests for waivers shall be made by the head of the
contracting activity to the Director, Directorate of Procurement and
Grant Management. Each request shall include:
(1) An analysis of the facts involving the potential or actual
conflict including benefits and detriments to the Government and
prospective contractors;
(2) A discussion of the factors which preclude avoiding,
neutralizing, or mitigating the conflict; and
(3) Identification of the provision(s) in FAR subpart 9.5 to be
waived.
(c) In making determinations under 2909.503(a), the Director,
Directorate of Procurement and Grant Management, shall request the
opinion of the Office of the Solicitor.
2909.507 Procedures.
(a) If a prospective contractor disagrees with the decision of a
contracting officer regarding an organizational conflict of interest
provision and requests higher level review in accordance with FAR
9.507(c)(4) the matter shall be referred to the Director, Directorate of
Procurement and Grant Management for review and final decision.
(b) Referrals shall be made by the head of the contracting agency
concerned and include the contracting officer's decision and the
position of the prospective contractor.
(c) In making determinations under 2909.507(a), the Director,
Directorate of Procurement and Grant Management, shall request the
opinion of the Office of the Solicitor.
PART 2910--SPECIFICATIONS, STANDARDS, AND OTHER PURCHASE DESCRIPTIONS--Table of Contents
Sec.
2910.004 Selecting specifications or descriptions for use.
2910.004-70 Brand name products or equal.
2910.007 Deviations.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8924, Mar. 5, 1985, unless otherwise noted.
[[Page 24]]
2910.004 Selecting specifications or descriptions for use.
(a) In accordance with FAR 10.1004(b)(2), purchase descriptions
shall not specify a product, or specific feature of a product, peculiar
to a manufacturer unless it is determined in writing by the Office
initiating the purchase request that the product, or specific product
feature, is essential to the Government's requirements and other similar
products will not meet these requirements. This determination shall be
in writing and shall accompany the purchase requisition.
(b) A ``brand name or equal'' purchase description shall be used
only under the conditions listed in FAR 10.004(b)(3) and in accordance
with the policies and procedures in 2910.004-70.
2910.004-70 Brand name products or equal.
(a) Limitations on use. The identification of a requirement in a
purchase description by use of one or more brand name products followed
by the words ``or equal'' shall be used only under the conditions listed
in FAR 10.004(b)(3). A ``brand name product'' means a current commercial
product of a manufacturer described by its brand name, make, model
number, catalog designation, or other description by which it is
regularly offered for sale to the public in the commercial market place.
(b) Invitation requirements. (1) ``Brand name or equal'' purchase
descriptions in invitations shall identify salient characteristics of
the product (see 2910.004-70(b)(2)) and contain the following
information to describe the specific item:
(i) Identification of the item by generic descriptions;
(ii) Make, model number, catalog designation (or other description),
and identification of commercial catalog where it is listed; and
(iii) Name of manufacturer, producer, or distributor of the item and
complete address.
(2) In accordance with the policy in FAR 10.002, whenever a ``brand
name or equal'' purchase description is used, offerors shall be given
the opportunity to offer products equal to the brand name if those
products (including modifications thereto) satisfy the minimum needs of
the Government. Therefore, all salient characteristics of the ``brand
name or equal'' product which are determined by the office initiating
the purchase request to be essential to the Government's minimum needs
shall be identified separately under the heading of ``Salient
Characteristics'' and included in the purchase description contained in
the solicitation so the offeror understands the information to be
submitted with its bid when offering an ``equal'' product for
evaluation. In addition, the following certification shall be included
at the end of each ``brand name or equal'' description in a solicitation
for an offeror to identify its ``equal'' product:
Offerors proposing to furnish an ``equal'' product, in accordance
with the ``Brand Name or Equal'' provision of this solicitation, shall
insert the following description for the product.
Bidding on:_____________________________________________________________
Manufacturer's Name:____________________________________________________
Address:________________________________________________________________
Product Name (if any):__________________________________________________
Product make, model, or catalog description:____________________________
_______________________________________________________________________
Offerors shall also be responsible for submitting all additional
information on the above product necessary for the Government to
determine whether the product offered meets the salient characteristics
of the ``brand name'' as listed in the solicitation.
2910.007 Deviations.
(a) Heads of contracting activities are authorized to approve
deviations and exceptions to specifications or standards listed in the
Index of Federal Specifications and Standards when the exceptions listed
under FAR 10.006 do not apply. The Director, Directorate of Procurement
and Grant Management, shall be notified formally and provided a copy of
each deviation or exception approved.
(b) Heads of contracting activities are responsible for
accomplishing the actions required under FAR 10.007.
[[Page 25]]
SUBCHAPTER C--CONTRACTING METHODS AND CONTRACT TYPES
PART 2913--SMALL PURCHASE AND OTHER SIMPLIFIED PURCHASE PROCEDURES--Table of Contents
Subpart 2913.1--General
Sec.
2913.106 Competition and price reasonableness.
2913.107 Solicitation and evaluation of quotations.
Subpart 2913.3--Fast Payment Procedure
2913.301 General.
Subpart 2913.4--Imprest Fund
2913.403 Agency responsibilities.
Subpart 2913.5--Purchase Orders
2913.503 Obtaining contractor acceptance and modifying purchase orders.
2913.503-70 Duplicate purchase orders.
2913.505 Purchase order and related forms.
2913.505-2 Agency order forms in lieu of optional forms 347 and 348.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8925, Mar. 5, 1985, unless otherwise noted.
Subpart 2913.1--General
2913.106 Competition and price reasonableness.
When other than the lowest responsive quotation from a responsible
supplier is used as the basis for the purchase, the Contracting Officer
shall include in the purchase file documentation of the reason(s) for
rejecting any lower quotation and the name of the individual responsible
for making the determination to reject such quotation.
2913.107 Solicitation and evaluation of quotations.
Standard Form 18, Request for Quotations, shall be used as
prescribed in FAR 13.107(a) unless an agency equivalent form has been
authorized for use by the Director, Directorate of Procurement and Grant
Management.
Subpart 2913.3--Fast Payment Procedure
2913.301 General.
The fast payment procedure delineated in FAR subpart 13.3 shall not
be utilized by DOL.
Subpart 2913.4--Imprest Fund
2913.403 Agency responsibilities.
The DOL ``Imprest Fund Handbook'' incorporated in the Department of
Labor Manual Series (DLMS 6, Chapter 1900, Handbook DLMS 6-5) contains
internal DOL procedures for establishment, maintenance and use of
imprest funds. Copies of the handbook may be obtained upon written
request from the Directorate of Procurement and Grant Management, Office
of the Assistant Secretary for Administration and Management, U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210.
[50 FR 8925, Mar. 5, 1985, as amended at 51 FR 40374, Nov. 6, 1986]
Subpart 2913.5--Purchase Orders
2913.503 Obtaining contractor acceptance and modifying purchase orders.
2913.503-70 Duplicate purchase orders.
If the vendor reports non-receipt, loss or other inability to locate
an original purchase order and requests another copy, the purchasing
officer may issue to the vendor a duplicate copy as the vendor's basis
of performance. This second issue should be conspicuously marked
``Duplicate Copy.'' To avoid the possibility of a duplicate shipment, a
letter of transmittal or a notation on the purchase order should read as
follows:
This is a duplicate copy of the lost original purchase order,
furnished in accordance with
[[Page 26]]
your request of ---------- (Date). The Government will not be
responsible for duplicate shipment.
[50 FR 8925, Mar. 5, 1985, as amended at 51 FR 40374, Nov. 6, 1986]
2913.505 Purchase order and related forms.
2913.505-2 Agency order forms in lieu of optional forms 347 and 348.
Department of Labor Form 1-90 (DL Form 1-90), entitled ``Purchase
Order'' may be used by DOL in lieu of Optional Forms 347 and 348
prescribed in FAR 13.505.
PART 2914--SEALED BIDDING--Table of Contents
Subpart 2914.2--Solicitation of Bids
Sec.
2914.203 Methods of soliciting bids.
2914.203-2 Dissemination of information concerning invitation for bids.
2914.205 Solicitation mailing lists.
2914.205-1 Establishment of lists.
Subpart 2914.4--Opening of Bids and Award of Contract
2914.404 Rejection of bids.
2914.404-1 Cancellation of invitations after opening.
2914.406 Mistakes in bids.
2914.406-3 Other mistakes disclosed before award.
2914.406-4 Disclosure of mistakes after award.
2914.407 Award.
2914.407-8 Protests against award.
2914.407-70 Award when only one bid is received.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8925, Mar. 5, 1985, unless otherwise noted.
Subpart 2914.2--Solicitation of Bids
2914.203 Methods of soliciting bids.
2914.203-2 Dissemination of information concerning invitation for bids.
Procedures for obtaining approval for paid advertisements in
newspapers are contained in 2905.502.
2914.205 Solicitation mailing lists.
2914.205-1 Establishment of lists.
In accordance with FAR 14.205-1(b), prospective bidders which submit
solicitation mailing list applications shall be notified by the
Contracting Activity when added to a mailing list unless the bidder is
expected to be issued a solicitation within thirty days after Government
receipt of the application.
Subpart 2914.4--Opening of Bids and Award of Contract
2914.404 Rejection of bids.
2914.404-1 Cancellation of invitations after opening.
The head of the contracting activity (HCA) is authorized to make the
written determination required by FAR 14.404-1(c).
[51 FR 40374, Nov. 6, 1986]
2914.406 Mistakes in bids.
2914.406-3 Other mistakes disclosed before award.
(a) The Director, Directorate of Procurement and Grant Management,
is authorized to make the administrative determinations under FAR
14.406-3. This authority may not be redelegated except as set forth in
paragraph (b) of 2914.406-3.
(b) If (1) a bidder requests permission to withdraw a bid rather
than correct it, and (2) the evidence is determined convincing as to the
mistake or (3) the evidence reasonably supports the existence of a
mistake but is not clear and convincing, the head of the contracting
office is authorized to make a written determination permitting the
bidder to withdraw the bid after review, in accordance with established
procedures, and concurrence by the appropriate Office of the Solicitor.
Copies of all determinations made pursuant to this authority shall be
promptly transmitted to the Director, Directorate of Procurement and
Grant Management. If evidence of the intended bid is clear and
convincing, even though the bidder has not requested permission to
correct the bid, the case shall be processed in accordance with
paragraph (c) of 2914.406-3.
[[Page 27]]
(c) Suspected or alleged mistakes in bids shall be processed in
accordance with the requirements of FAR 14.406-3(g). The contracting
officer shall submit a report together with the supporting data
described in FAR 14.406-3(g)(3) through the head of the contracting
activity to the Director, Directorate of Procurement and Grant
Management.
(d) The Director, Directorate of Procurement and Grant Management,
is responsible for maintaining records of administrative determinations
as required in FAR 14.406-3(h).
2914.406-4 Disclosure of mistakes after award.
(a) The head of the contracting activity is authorized to make the
administrative determinations in FAR 14.406-4 after concurrence is
received from the Office of the Solicitor as required by FAR 14.406-
4(d). This authority may not be redelegated.
(b) The contracting officer shall process a mistake and prepare a
case file in accordance with the requirements of FAR 14.604-4(e). The
file shall be submitted to the head of the contracting activity for
determination.
2914.407 Award.
2914.407-8 Protests against award.
See DOLAR subpart 2933.1, ``Protests''.
[51 FR 40374, Nov. 6, 1986]
2914.407-70 Award when only one bid is received.
When only one bid is received in response to an invitation for bids,
such bid may be considered and accepted if the contracting officer makes
a written determination that (a) the specifications used in the
invitation were not unduly restrictive, (b) adequate competition was
solicited and it could have been reasonably assumed that more than one
bid would have been submitted, (c) the price is reasonable, and (d) the
bid is otherwise in accordance with the invitation for bids. Such a
determination shall be placed in the contract file.
PART 2915--CONTRACTING BY NEGOTIATION--Table of Contents
Subpart 2915.4--Solicitation and Receipt of Proposals and Quotations
2915.404 Presolicitation notices and conferences.
2915.405 Solicitations for information or planning purposes.
2915.405-1 General.
2915.413 Disclosure and use of information before award.
2915.413-1 Alternate I.
Subpart 2915.5--Unsolicited Proposals
2915.505 Content of unsolicited proposals.
2915.505-1 Unsolicited research proposals.
2915.506 Agency procedures.
Subpart 2915.6--Source Selection
2915.607 Disclosure of mistakes before award.
2915.608 Proposal evaluation.
2915.612 Formal source selection.
Subpart 2915.8--Price Negotiation
2915.803 General.
2915.804 Cost or pricing data.
2915.804-3 Exemptions from or waiver of submission of certified cost or
pricing data.
2915.805 Proposal analysis.
2915.805-5 Field pricing support.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8926, Mar. 5, 1985, unless otherwise noted.
Subpart 2915.4--Solicitation and Receipt of Proposals and Quotations
2915.404 Presolicitation notices and conferences.
A presolicitation conference (see FAR 15.404) shall not be used
unless approved by the Head of the Contracting Activity or designee in
accordance with Agency or Office procedures.
2915.405 Solicitations for information or planning purposes.
2915.405-1 General.
The written determination justifying use of a solicitation for
information or planning purposes under FAR 15.405-1 shall be approved by
the Head of the Contracting Activity before issuance of the
solicitation.
[[Page 28]]
2915.413 Disclosure and use of information before award.
2915.413-1 Alternate I.
The Department of Labor shall employ the procedures in FAR Alternate
I regarding disclosure and use of information.
Subpart 2915.5--Unsolicited Proposals
2915.505 Content of unsolicited proposals.
2915.505-1 Unsolicited research proposals.
In addition to the contents required by FAR 15.505, unsolicited
proposals for research should contain a commitment to provide cost-
sharing.
2915.506 Agency procedures.
(a) The contact points for submission of unsolicited proposals are
those officials (Heads of Contracting Activities) with program
responsibility listed in subpart 2901.6.
(b) Heads of Contracting Activities shall assure that unsolicited
proposals are controlled, evaluated, safeguarded and disposed of in
accordance with FAR subpart 15.5.
Subpart 2915.6--Source Selection
2915.607 Disclosure of mistakes before award.
The Head of the Contracting Activity is authorized to make the
determination permitting proposal correction in accordance with the
conditions in FAR 15.607(c)(3) and consultation with the Office of the
Solicitor.
2915.608 Proposal evaluation.
The head of contracting activity (HCA) is authorized to make the
determination required by FAR 15.608(b).
[51 FR 40374, Nov. 6, 1986]
2915.612 Formal source selection.
(a) The Head of the Contracting Activity shall determine when a
formal source selection process shall be used and shall establish
procedures for implementing the requirements in FAR 15.612.
(b) The procedures established under paragraph (a) of this section
shall be forwarded for the review and approval of the Director,
Directorate of Procurement and Grant Management.
Subpart 2915.8--Price Negotiation
2915.803 General.
(a) Where the contractor insists on a price or demands a profit or
fee that the contracting officer considers unreasonable, and the
contracting officer has taken all authorized actions to resolve the
matter (see FAR 15.803), the contract action shall be referred to the
Head of the Contracting Activity for final resolution.
(b) Resolution under paragraph (a) of this section, shall be
documented and signed by the Head of the Contracting Activity, and
included in the contract file.
2915.804 Cost or pricing data.
2915.804-3 Exemptions from or waiver of submission of certified cost or pricing data.
(a) The Head of the Contracting Activity is authorized to approve
the contracting officer's finding supporting the unreasonableness of the
lowest price (see FAR 15.804-3(b)(2)(iii).
(b) The Director, Directorate of Procurement and Grant Management,
is authorized to waive the requirement for submission of certified cost
or pricing data.
(c) Requests for waiver under paragraph (b) of this section, shall
be submitted in writing by the Head of the Contracting Activity and
shall contain a statement as to the reasons the waiver is necessary and
the efforts made to obtain the data from the contractor or prospective
contractor.
2915.805 Proposal analysis.
2915.805-5 Field pricing support.
(a) As prescribed in FAR 15.805-5(c), the contracting officer shall
initiate a cost or pricing review by sending a written request to the
Director, Directorate of Procurement and Grant Management, OASAM. The
contracting officer shall allow at least 30 calendar
[[Page 29]]
days when assigning a deadline for receipt of the cost and price
analysis report.
(b) Upon receipt of the cost or pricing review report, the
contracting officer and the price analyst (if assigned) shall discuss
any questions regarding the contents of the report with the reviewer. If
a question cannot be resolved, or agreement cannot be reached on a
recommendation in the report, the contracting officer shall prepare a
written statement for the contract file which discusses the issue(s) in
question and supports a final decision on the matter. An information
copy of the statement shall be promptly forwarded to the Director,
Directorate of Procurement and Grant Management.
PART 2916--TYPES OF CONTRACTS--Table of Contents
Subpart 2916.2--Fixed Price Contracts
Sec.
2916.203 Fixed-price contracts with economic price adjustment.
2916.203-4 Contract clauses.
Subpart 2916.3--Cost-Reimbursement Contracts
2916.306 Cost-plus-fixed-fee contracts.
Subpart 2916.6--Time-and-Materials, Labor-Hour, and Letter Contracts
2916.603 Letter contracts.
2916.603-2 Application.
Subpart 2916.7--Agreements
2916.702 Basic agreements.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8929, Mar. 5, 1985, unless otherwise noted.
Subpart 2916.2--Fixed Price Contracts
2916.203 Fixed-price contracts with economic price adjustment.
2916.203-4 Contract clauses.
An economic price adjustment clause based on cost indexes of labor
or material may be used under the conditions listed in FAR 16.203-4(d)
after approval by the Director, Directorate of Procurement and Grant
Management, is obtained.
Subpart 2916.3--Cost-Reimbursement Contracts
2916.306 Cost-plus-fixed-fee contracts.
The Contracting Officer is authorized to approve the determination
establishing the basis for application of the statutory price or fee
limitation prescribed in FAR 16.306(c)(2).
[51 FR 40374, Nov. 6, 1986]
Subpart 2916.6--Time-and-Materials, Labor-Hour, and Letter Contracts
2916.603 Letter contracts.
2916.603-2 Application.
The Head of the Contracting Activity is authorized to extend the
period for definitization of a letter contract required by FAR 16.603-
2(c) in extreme cases where it is determined in writing that such action
is in the best interest of the Government.
Subpart 2916.7--Agreements
2916.702 Basic agreements.
Copies of basic agreements negotiated with contractors in accordance
with FAR 16.702 shall be furnished by the Head of the Contracting
Activity to the Director, Directorate of Procurement and Grant
Management, promptly after execution by the Government.
PART 2917--SPECIAL CONTRACTING METHODS--Table of Contents
Subpart 2917.2--Options
Sec.
2917.203 Solicitations.
2917.206 Evaluation.
Subpart 2917.4--Leader Company Contracting
2917.402 Limitations.
Subpart 2917.5--Interagency Acquisitions Under the Economy Act
2917.502 General.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8929, Mar. 5, 1985, unless otherwise noted.
[[Page 30]]
Subpart 2917.2--Options
2917.203 Solicitations.
Option quantities in excess of the 50 percent limit prescribed in
FAR 17.203(g)(2) may, in unusual circumstances, be approved by the Head
of the Contracting Activity. The documentation required by FAR 17.205(a)
shall include a written justification to fully support the need for such
action.
2917.206 Evaluation.
The Head of the Contracting Activity shall make the written
determination required by FAR 17.206(a). This determination is required
before use of the solicitation provision at FAR 52.217-5, Evaluation of
Options, is authorized. See FAR 17.208(c).
Subpart 2917.4--Leader Company Contracting
2917.402 Limitations.
Use of leader company contracting for a product, subject to the
limitations in FAR 17.402, shall require the advance authorization of
the Director, Directorate of Procurement and Grant Management.
Authorization requests shall document the circumstances requiring such
action and shall be submitted by the Head of the Contracting Activity.
Subpart 2917.5--Interagency Acquisitions Under the Economy Act
2917.502 General.
The head of the contracting activity is authorized to make the
determination prescribed in FAR 17.502 in accordance with the
requirements contained in FAR 17.503.
[51 FR 40374, Nov. 6, 1986]
[[Page 31]]
SUBCHAPTER D--SOCIOECONOMIC PROGRAMS
PART 2919--SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS--Table of Contents
Subpart 2919.2--Policies
Sec.
2919.201 General policy.
2919.202 Specific policies.
2919.202-2 Locating small business sources.
2919.202-5 Data collection and reporting requirements.
2919.202-70 Annual plans and program goals.
Subpart 2919.5--Set-Asides for Small Business
2919.501 General.
2919.503 Setting aside a class of acquisitions.
2919.503-70 Class set-aside for construction acquisitions.
2919.505 Rejection of set-aside recommendations.
2919.506 Withdrawal or modification of set-asides.
Subpart 2919.6--Certificates of Competency and Determinations of
Eligibility
2919.602 Procedures.
2919.602-1 Referrals.
Subpart 2919.7--Subcontracting With Small Business and Small
Disadvantaged Business Concerns
2919.705 Responsibilities of the contracting officer under the
subcontracting assistance program.
2919.705-3 Solicitations.
2919.705-4 Reviewing the subcontracting plan.
2919.705-5 Awards involving subcontracting plans.
2919.705-6 Postaward responsibilities of the contracting officer.
2919.708 Solicitation provisions and contract clauses.
Subpart 2919.8--Contracting With the Small Business Administration
2919.802 Selecting firms for DOL acquisitions.
2919.803 Selecting acquisitions for the 8(a) program.
2919.810 Contract administration.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8929, Mar. 5, 1985, unless otherwise noted.
Subpart 2919.2--Policies
2919.201 General policy.
(a) The Director, Office of Small and Disadvantaged Business
Utilization (OSDBU), is responsible for performing all functions and
duties prescribed in FAR 19-201(c) and for:
(1) Developing and monitoring policies, procedures and regulations
for effective administration of the Department's small business and
small disadvantaged business program;
(2) Coordinating issues with the small and disadvantaged business
specialist (SDBS) in each contracting office regarding the Department's
small and small disadvantaged business program;
(3) Conducting surveys and reviews of DOL contracting offices
related to the small business and small disadvantaged business program,
recommending changes and corrective action, as appropriate; and
(4) Representing the Department before other Government agencies on
matters primarily affecting small business, small disadvantaged
business, women-owned business, historically black colleges and
universities (HBCU), and advising the Under Secretary and other
officials on matters relating to the program.
(b) The Head of the Contracting Activity, or designee, in addition
to the requirements of FAR 19.201(b), shall be responsible for:
(1) Establishing annual goals for the small disadvantaged business
programs; and
(2) Appointing, as prescribed in FAR 19.201(d), a small and
disadvantaged business specialist (SDBS) for each contract office.
(c) The small and disadvantaged business specialist (SDBS) shall
serve as advisor to the Head of the Contracting Activity, and shall be
the contracting activity's central point of contact for inquiries and
advice pertaining to the small business and small disadvantaged business
program. The SDBS shall be responsible for:
[[Page 32]]
(1) Maintaining a program to locate capable small business, small
disadvantaged business, and women-owned business sources to fulfill the
Department's acquisition requirements;
(2) Coordinating inquiries and requests for advice from small
business, small disadvantaged business, women-owned business concerns
and HBCU on DOL contracting and subcontracting opportunities and other
acquisition matters;
(3) Ensuring that contracting offices are kept abreast of new or
revised small business, small disadvantaged business, women-owned
business and HBCU regulations, policies, procedures and other related
information;
(4) Assisting in the Agency's advance acquisition planning process;
(5) Reviewing all requirements to assure that small business, small
disadvantaged business, women-owned business, businesses located in
labor surplus areas (LSA) and HBCU will be afforded an equitable
opportunity to compete, and as appropriate, initiating recommendations
for small business set-asides;
(6) Reviewing proposed requirements for possible breakout of items
or services suitable for acquisition from participants of the small and
disadvantaged business programs;
(7) Attending, as appropriate, debriefings to unsuccessful small
business and small disadvantaged business concerns to assist those firms
in understanding requirements for responsiveness and responsibility so
that the firm may be able to better qualify for future awards;
(8) Participating in the evaluation of small business and small
disadvantaged business subcontracting plans for prime contractors and
other evaluation activities, as appropriate;
(9) Maintaining a list of products and services which have been
placed as repetitive small business set-asides;
(10) Developing and maintaining records necessary to demonstrate
maximum support for DOL's preferential programs, ensuring compilation of
current, accurate, and complete data; and preparing all reports
pertaining to program activities;
(11) Participating in the development, implementation, and review of
automated source systems to assure that the interest of small business,
small disadvantaged business, women-owned business, and HBCU are fully
considered;
(12) Participating, as required, in governmental-industry
conferences to assist small business, disadvantaged business, women-
owned business, and HBCU, including Congressionally-sponsored Federal
acquisition conferences, minority business enterprises acquisition
seminars, and business opportunity committee meetings;
(13) Initiating action, in writing, with appropriate personnel to
assure the availability of adequate specifications and drawings, when
necessary, to obtain small business, small disadvantaged business,
women-owned business and HBCU participation in current and future
acquisitions.
2919.202 Specific policies.
2919.202-2 Locating small business sources.
(a) It is the policy of the DOL to utilize the services of the SBA
Procurement Automatic Source System (PASS) to identify small and small
disadvantaged business sources. Obtaining sources from PASS or from
local mailing lists does not negate the requirement that the contracting
officer advertise the acquisition in accordance with FAR 5.
(b) Historically black colleges and universities shall be considered
as sources for fulfilling requirements except for small business set-
asides.
2919.202-5 Data collection and reporting requirements.
In addition to the requirements of FAR 19.202-5, DOL Agencies/
Offices shall accurately measure the extent of participation by
historically black colleges and universities in their acquisitions in
terms of the total value of contracts placed with such organizations
during each fiscal year, and report data to the OSDBU at the end of the
second and fourth quarters of each fiscal year. The OSDBU shall forward
the Department's consolidated data to the Department of Education.
[[Page 33]]
2919.202-70 Annual plans and program goals.
(a) Heads of Contracting Activities shall develop annual goals for
each category of the small business and small disadvantaged business
utilization programs, which shall include projected acquisition awards
to small businesses, minority businesses, 8(a) concerns, women-owned
businesses, and HBCU.
(1) To the greatest extent possible, the goals shall be based on
advance procurement plans, budget justifications, and past performance.
(2) Goals must comply with the criteria established by OSDBU.
(b) Goals are to be submitted to the OSDBU upon request of the
Director. OSDBU shall analyze and evaluate proposed goals, consolidate
departmental goals and forward such to the Small Business Administration
(SBA), the General Services Administration (GSA), and the Minority
Business Development Agency (MBDA), Department of Commerce.
(c) OSDBU may be required to negotiate final departmental goals,
depending on SBA, GSA, and/or MBDA concurrence or nonconcurrence.
Subpart 2919.5--Set-Asides for Small Business
2919.501 General.
(a) The SDBS shall review individual requirements prior to issuance
of solicitations to determine the suitability of the acquisition for
award to the SBA under the section 8(a) Program (see FAR 19.803).
(b) When the requirement cannot be awarded under section 8(a)
procedures, the SDBS shall review individual requirements to determine
the feasibility of small business set-asides in the order of precedence
set forth in FAR 19.504. The SDBS recommendation shall be entered on
Form DL1-2004, ``Small Business Determination,'' with the reasons for
the ``pro'' or ``con'' set-aside recommendation. The form shall be
placed in the contract file.
(c) Upon receipt of the SDBS recommendation, the contracting officer
shall promptly approve or disapprove the SDBS recommendation, stating in
writing the reasons for any disapproval. If the contracting officer
disapproves the SDBS recommendation, the proposed acquisition shall be
promptly referred to the SBA PCR where available, for review; or where
no SBA PCR is available, to the Head of the Contracting Activity. All
negative recommendations shall be forwarded concurrently to the OSDBU.
(d) All requirements expected to exceed $10,000 which have not been
set-aside for small business shall be further reviewed by the SBA PCR,
who shall indicate approval or disapproval of the SDBS/contracting
officer's negative recommendation on Form DL 1-2004. If the SBA
disapproves the SDBS/contracting officer's recommendation, the proposed
action shall be appealed as provided in FAR 19.402(c)(3).
(e) All future requirements for products or services previously
acquired on a small business set-aside basis and which are not subject
to simplified small purchase procedures, shall be acquired on the basis
of a repetitive set-aside.
2919.503 Setting aside a class of acquisitions.
2919.503-70 Class set-aside for construction acquisitions.
(a) Each requirement for construction, alterations, maintenance, and
repair (including architect-engineer services), estimated to cost up to
$2 million shall be set aside for exclusive small business
participation. Such set-asides shall be considered to be unilateral
small business set-asides, and shall be withdrawn only in accordance
with the procedures of FAR 19.506 and 2919.506 if found not to serve the
best interest of the Government.
(b) Small business set-aside preferences for construction
acquisitions in excess of $2 million shall be considered on a case-by-
case basis under conditions prescribed in FAR 19.502-2.
2919.505 Rejection of set-aside recommendations.
The Under Secretary of Labor shall make final decisions on any
appeals of the Administrator of SBA concerning a DOL contracting
officer's adverse set-aside recommendation. The contracting officer's
written justification in support of the decision to reject the
[[Page 34]]
set-aside recommendation shall be approved by the Head of the
Contracting Activity. The justification shall then be forwarded for
review through the Director, Directorate of Procurement and Grant
Management, and the Director, OSDBU, to the Under Secretary of Labor.
2919.506 Withdrawal or modification of set-asides.
Disagreements between the contracting officer and the SDBS
concerning withdrawals or modifications of individual or class set-
asides shall be resolved by the SBA PCR in the National Office, or by
the Head of the Contracting Activity where no SBA PCR is available. The
SDBS shall concurrently notify the OSDBU of such disagreements.
Subpart 2919.6--Certificates of Competency and Determinations of
Eligibility
2919.602 Procedures.
2919.602-1 Referrals.
Referrals by the contracting officer in accordance with FAR 19.602-1
shall be approved by the head of the contracting activity prior to
submission to the appropriate SBA office. The contracting officer shall
forward copies of each referral to the Director, OSDBU.
Subpart 2919.7--Subcontracting With Small Business and Small
Disadvantaged Business Concerns
2919.705 Responsibilities of the contracting officer under the subcontracting assistance program.
2919.705-3 Solicitations.
The contracting officer shall forward to the OSDBU any solicitation
expected to result in a contract exceeding $500,000 ($1 million for
construction of a public facility) prior to release to the public to
ensure that appropriate subcontracting provisions are included in the
Request for Proposals or Invitations for Bids. The OSDBU shall be
allowed up to five working days for review of the solicitation,
depending on the circumstances and complexity of the individual
procurement.
2919.705-4 Reviewing the subcontracting plan.
The OSDBU shall be afforded the opportunity to review subcontracting
plans submitted by apparent successful offerors to determine if small
and small disadvantaged businesses are afforded the maximum practicable
opportunity to participate as subcontractors. OSDBU shall recommend to
the contracting officer needed changes to subcontracting plans
determined to be unacceptable.
2919.705-5 Awards involving subcontracting plans.
The contracting officer shall forward for review, upon request of
the Director, OSDBU, any acquisition package prior to execution of any
negotiated contractual document requiring subcontracting plans.
2919.705-6 Postaward responsibilities of the contracting officer.
(a) The contracting officer shall forward to the Director, OSDBU, a
copy of any subcontracting plan that was incorporated into a contract or
contract modification.
(b) The contracting officer shall maintain a list of active prime
contracts containing a subcontracting plan.
(c) Contracting officers shall collect quarterly and semi-annually
subcontracting data from contractors required to establish
subcontracting plans in support of small and small disadvantaged
business concerns. Copies of the semi-annual report, Standard Form 294
(Subcontracting Report for Individual Contracts), and the quarterly
report, Standard Form 295 (Summary Subcontracting Report), shall be
forwarded to the Director, OSDBU, not later than the 30th day of the
month following the close of the reporting period.
2919.708 Solicitation provisions and contract clauses.
Advance approval is required prior to including any small and small
disadvantaged business concerns incentive
[[Page 35]]
subcontracting provisions in any contract. Requests for approval shall
be submitted by the Head of the Contracting Activity through the
Director, Directorate of Procurement and Grant Management, to the
Director, OSDBU.
Subpart 2919.8--Contracting With the Small Business Administration
2919.802 Selecting firms for DOL acquisitions.
Contracting opportunities marketed by individual 8(a) firms may be
reserved for the firm or group of firms which identified the
opportunity; however, each 8(a) firm or group of firms nominated by DOL
for a specific requirement must be approved by SBA for that particular
requirement prior to any DOL technical discussions with the firm(s).
2919.803 Selecting acquisitions for the 8(a) program.
(a) Each DOL Agency shall identify in tentative Annual Advance
Procurement Plans acquisitions to be fulfilled by 8(a) firms. Such
tentative plans shall provide detailed descriptions of the nature of the
services or work, or any other information pertinent to the requirement.
(b) Project officers shall also be responsible for cooperating with
the OSDBU to actively locate and identify qualified 8(a) sources and to
structure and tailor acquisitions to permit their participation.
2919.810 Contract administration.
(a) Contracting officers, or designees, shall conduct periodic
evaluations relative to the performance of an 8(a) contract at various
stages of the contract period of performance. Any problems encountered
during the performance evaluation which cannot be resolved shall be
referred to OSDBU for subsequent review and discussion with the
appropriate SBA official.
(b) The OSDBU and SBA are to be notified at least 45 days prior to
initiating final action to terminate a section 8(a) contract.
PART 2920--LABOR SURPLUS AREA CONCERNS--Table of Contents
Subpart 2920.1--General
Sec.
2920.102 General policy.
Subpart 2920.2--Set-Asides
2920.201 Set-asides for labor surplus area concerns.
2920.201-1 Total set-asides.
2920.201-70 Set-asides for construction acquisitions.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8932, Mar. 5, 1985, unless otherwise noted.
Subpart 2920.1--General
2920.102 General policy.
It is the policy of the Department of Labor (DOL) to award
acquisitions with eligible labor-surplus area (LSA) concerns in
accordance with FAR part 20. Responsibility for implementing the DOL LSA
program is assigned to the Office of Small and Disadvantaged Business
Utilization.
Subpart 2920.2--Set-Asides
2920.201 Set-asides for labor surplus area concerns.
2920.201-1 Total set-asides.
Acquisitions shall be reviewed for potential combined small
business/LSA set-aside consideration in accordance with FAR 19.501 and
2919.501.
2920.201-70 Set-asides for construction acquisitions.
(a) As prescribed in 2919.503-70, all acquisitions for construction,
alterations, maintenance and repair (including architect-engineer
services) estimated to cost up to $2 million shall be set-aside on a
class basis for combined small business/LSA concern when the
construction site is located in a LSA.
(b) Small business/LSA set-aside preference for construction
acquisitions in excess of $2 million shall be considered on a case-by-
case basis under conditions prescribed in FAR 20.201-1.
[[Page 36]]
PART 2922--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS--Table of Contents
Subpart 2922.1--Basic Labor Policies
Sec.
2922.101 Labor relations.
2922.101-3 Reporting labor disputes.
2922.101-4 Removal of items from contractor facilities affected by work
stoppage.
2922.103 Overtime.
2922.103-4 Approvals.
Subpart 2922.6--Walsh-Healy Public Contracts Act
2922.604 Exemptions.
2922.604-2 Regulatory exemptions.
2922.608 Procedures.
2922.608-4 Award pending final determination.
Subpart 2922.8--Equal Employment Opportunity
2922.803 Responsibilities.
2922.804 Affirmative action programs.
2922.804-2 Construction.
2922.805 Procedures.
2922.807 Exemptions.
Subpart 2922.13--Special Disabled and Vietnam Era Veterans
2922.1303 Waivers.
2922.1306 Complaint procedures.
Subpart 2922.14--Employment of the Handicapped
2922.1403 Waivers.
2922.1406 Complaint procedures.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 50 FR 8932, Mar. 5, 1985, unless otherwise noted.
Subpart 2922.1--Basic Labor Policies
2922.101 Labor relations.
2922.101-3 Reporting labor disputes.
Potential or actual labor disputes that may interfere with contract
performance shall be reported by the contracting activity to the Office
of the Solicitor for legal advice or assistance.
2922.101-4 Removal of items from contractor facilities affected by work stoppage.
Prior to initiating any action under FAR 22.101-4 for removal of
items from contractors' facilities, the contracting officer shall obtain
legal advice from the Office of the Solicitor.
2922.103 Overtime.
2922.103-4 Approvals.
The Head of the Contracting Activity is authorized to approve the
use of overtime in accordance with the limitations in FAR 22.103-4(a).
Subpart 2922.6--Walsh-Healy Public Contracts Act
2922.604 Exemptions.
2922.604-2 Regulatory exemptions.
The Secretary of Labor may exempt contracts from the Walsh Healy
Public Contracts Act under FAR 22.604(c). A written finding justifying
the exemption (see FAR 22.604-2(c)) shall be submitted by the Head of
the Contracting Activity to the Director, Directorate of Procurement and
Grant Management, for further action.
2922.608 Procedures.
2922.608-4 Award pending final determination.
The contracting officer's certification for award under FAR 22.608-
4(a) shall be approved by the Head of the Contracting Activity.
Subpart 2922.8--Equal Employment Opportunity
2922.803 Responsibilities.
Matters involving the applicability of Executive Order 11246 and
implementing regulations of the Secretary of Labor to an acquisition or
a class of acquisitions shall be reduced to writing by the contracting
officer and forwarded through the Head of the Contracting Activity to
the Director, Directorate of Procurement and Grant Management, for
resolution.
[[Page 37]]
2922.804 Affirmative action programs.
2922.804-2 Construction.
Heads of Contracting Activities are responsible for maintaining
lists of geographical areas subject to affirmative action requirements
under FAR 22.804-2. Lists of areas for which OFCCP has designated
specific affirmative action requirements are available through OFCCP.
The list, including updates or revisions, shall be distributed to all
contract offices which acquire construction.
2922.805 Procedures.
The contract office shall maintain ample supplies of the poster
(OFCCP-1420) entitled, ``Equal Opportunity is the Law'' for use as
required in FAR 22-805(b). The poster (stock number 7690-00-926-8988)
may be ordered from the nearest regional GSA Supply Depot.