[Federal Register Volume 68, Number 128 (Thursday, July 3, 2003)]
[Rules and Regulations]
[Pages 39854-39860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16918]
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DEPARTMENT OF THE TREASURY
48 CFR Chapter 10
RIN 1505-AA89
Department of the Treasury Acquisition Regulation
AGENCY: Office of the Procurement Executive, Department of the
Treasury.
ACTION: Final rule.
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SUMMARY: The Department of the Treasury (``Treasury'') is amending the
Department of the Treasury Acquisition Regulation (DTAR) in its
entirety. Treasury has rewritten the DTAR into plain English. The DTAR
includes both policy direction and regulatory guidance. Only regulatory
guidance is being published. Treasury has also updated the DTAR to
reflect changes to the Federal Acquisition Regulation (FAR) and to
establish and encourage participation in the Treasury Mentor-
Prot[eacute]g[eacute] Program.
Date: August 4, 2003.
FOR FURTHER INFORMATION CONTACT: Kevin Whitfield, Department of the
Treasury, Office of the Procurement Executive, 1500 Pennsylvania Ave.,
NW., c/o 1310 G St., NW., Suite 400W, Washington, DC 20220. (202) 622-
0248.
SUPPLEMENTARY INFORMATION:
I. Background
II. Final Action
III. Statutory and Executive Order Reviews
A. Executive Order 12866
B. Executive Order 12988
C. Regulatory Flexibility Act
D. Paperwork Reduction Act
E. National Environmental Policy Act
F. Executive Order 13132
G. Unfunded Mandates Reform Act of 1995
H. Treasury and General Government Appropriation Act, 1999
I. Background
This final rule amends the Department of the Treasury Acquisition
Regulation (DTAR). The DTAR, as reissued, uses plain English to improve
clarity and understanding; eliminates internal operating procedures
that do not have a significant effect beyond Treasury; establishes the
Treasury Mentor-Prot[eacute]g[eacute] Program and, eliminates coverage
that is obsolete or duplicates the FAR. The DTAR is intended to be
simple for contractors, offerors, and Treasury contracting personnel to
use.
A proposed rule was published in the Federal Register (67 FR 76150-
67156) on December 11, 2002, providing for a 30 day comment period.
There were no comments received regarding the proposed rule.
II. Final Action
This final rule will amend the Department of the Treasury
Acquisition Regulation system. It uses plain English, eliminates
internal operating procedures that do not have significant effect
beyond Treasury, establishes the Treasury Mentor-Prot[eacute]g[eacute]
Program, and eliminates coverage that is obsolete or duplicates the
FAR.
III. Statutory and Executive Order Reviews
A. Executive Order 12866
This final rule is not a significant regulatory action for the
purposes of Executive Order 12866 as supplemented by Executive Order
13132, and is not a major rule under 5 U.S.C. 804; therefore no review
is required by the Office of Information and Regulatory Affairs within
the Office of Management and Budget (OMB).
B. Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of Executive Order 12988,
Treasury has completed the required review and determined that this
final rule meets the relevant standards of Executive Order 12988 as
supplemented by Executive Order 13132.
C. Regulatory Flexibility Act
This final regulation does not have a significant economic impact
on a substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, and et seq. The analysis
requirement of the Act does not apply if the agency certifies that the
rule, if promulgated, will not have a significant impact on a
substantial number of small entities. The Mentor-Prot[eacute]g[eacute]
Program does apply to large business and small business firms that
receive a form of incentive for assuming the role of mentor to small
businesses, other small disadvantaged businesses, qualified HUBZone
small businesses, small businesses owned and controlled by service
disabled veterans, and small women-owned businesses. It is expected
that the prote[eacute]ge[eacute] entities would directly benefit from
the forms of mentoring provided for in this rule.
The other revisions do not add any new requirements, but restate
existing
[[Page 39855]]
requirements in plain English and provide consistency with the FAR.
D. Paperwork Reduction Act
This reissued DTAR contains information collection requirements
subject to the Paperwork Reduction Act (44 U.S.C. 3501, et seq.) that
were approved previously by OMB and assigned the contract numbers shown
in DTAR Section 1001.106.
E. National Environmental Policy Act
This final rule does not individually or cumulatively have a
significant impact on the human environment, as determined by
Treasury's regulations (10 CFR part 1021, subpart D) implementing the
National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et
seq.). Therefore, no environmental impact statement or environmental
assessment is required pursuant to NEPA.
F. Executive Order 13132
Executive Order 13132 requires when formulating and implementing
regulations, legislation, and any other policy actions that have
federalism implications, that agencies must follow prescribed
principles and criteria. Treasury has determined that this final rule
does not contain federalism implications and would not preempt State
laws.
G. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) generally
requires a Federal agency to perform a detailed assessment of costs and
benefits of any rule imposing a federal mandate with costs to State,
local or tribal governments, or to the private sector of $100 million
or more. This final rule would only affect private sector entities and
the impact is less than $100 million.
H. Treasury and General Government Appropriations Act, 1999
Section 654 of the Treasury and General Government Appropriation,
1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any proposed rule that may affect family
well being. This final rule does not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, Treasury
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
List of Subjects in 48 CFR Chapter 10
Government acquisition.
Corey M. Rindner,
Director, Office of the Procurement Executive.
0
Accordingly, the Department of the Treasury revises 48 CFR Chapter 10,
to read as follows:
CHAPTER 10--DEPARTMENT OF THE TREASURY
Subchapter A--General
Part
1001 Department of the Treasury Acquisition Regulation (DTAR) System
1002 Definitions of Words and Terms
1003 Improper Business Practices and Personal Conflicts of Interest
1004 Administrative Matters
Subchapter B--Competition and Acquisition Planning
1005 Publicizing Contract Actions
1011 Describing Agency Needs
Subchapter D--Socioeconomic Programs
1019 Small Business Programs
Subchapter E--General Contracting Requirements
1028 Bonds and Insurance
1033 Protests, Disputes, and Appeals
Subchapter H--Clauses and Forms
1052 Solicitation Provisions and Contract Clauses
Subchapter A--General
PART 1001--DEPARTMENT OF THE TREASURY ACQUISITION REGULATORY (DTAR)
SYSTEM
Subpart 1001.1--Purpose, Authority, Issuance
Sec.
1001.101 Purpose.
1001.104 Applicability.
1001.105 Issuance.
1001.105-1 Publication and code arrangement.
1001.105-2 Arrangement of regulations.
1001.105-3 Copies.
1001.106 OMB Approval under the Paperwork Reduction Act.
Authority: 41 U.S.C. 418b (a) and (b).
Subpart 1001.1--Purpose, Authority, Issuance
1001.101 Purpose.
This subpart establishes Chapter 10, the Department of the Treasury
Acquisition Regulation (DTAR), within Title 48 of the Federal
Acquisition Regulation (FAR) System. The DTAR contains policies and
procedures that supplement FAR coverage and directly affect the
contractual relationship between the Department of the Treasury and its
business partners (e.g., prospective offerors/bidders and contractors).
When FAR coverage is adequate, there will be no corresponding DTAR
coverage.
1001.104 Applicability
The FAR and DTAR apply to all acquisitions of supplies and
services, which obligate appropriated funds. For acquisitions made from
non-appropriated funds, the Senior Procurement Executive will determine
the rules and procedures that will apply. The DTAR does not apply to
the acquisitions of the U.S. Mint.
1001.105 Issuance.
1001.105-1 Publication and code arrangement.
The DTAR and its subsequent changes will be published in the
Federal Register and codified in the Code of Federal Regulations (CFR).
The DTAR will be issued as 48 CFR Chapter 10.
1001.105-2 Arrangement of regulations.
(a) References and citations. The DTAR is divided into the same
parts, subparts, sections, subsections, and paragraphs as the FAR
except that 10 or 100 will precede the DTAR citation so that there are
four numbers to the left of the first decimal. Reference to DTAR
material must be made in a manner similar to that prescribed by FAR
1.105-2(c).
1001.105-3 Copies.
Copies of the DTAR in Federal Register or CFR form may be purchased
from the Superintendent of Documents, Government Printing Office (GPO),
Washington, DC 20402.
1001.106 OMB Approval under the Paperwork Reduction Act.
OMB has assigned the following control numbers that must appear on
the upper right-hand corner of the face page of each solicitation,
contract, modification and order: OMB Control No. 1505-0081 (Offeror
submissions), OMB Control No. 1505-0080 (Contractor submissions), and
OMB Control No. 1505-0107 (Protests). OMB regulations and OMB's
approval and assignment of control numbers are conditioned upon
Treasury bureaus not requiring more than three copies (including the
original) of any document of information. OMB has granted a waiver to
permit the Department to require up to eight copies of proposal
packages, including proprietary data, for solicitations, provided that
contractors who submit only an original and two copies will not be
placed at a disadvantage.
[[Page 39856]]
PART 1002--DEFINITIONS OF WORDS AND TERMS
Subpart 1002.1--Definitions.
Sec.
1002.101 Definitions.
Authority: 41 U.S.C. 418b (a) and (b).
Subpart 1002.1--Definitions.
1002.101 Definitions.
Bureau Chief Procurement Officer (BCPO) means the senior
acquisition person at each bureau's headquarters. Within the Internal
Revenue Service, this may be the Director, Procurement or the Deputy
Director, Procurement.
Legal counsel means the Treasury or bureau office providing legal
services to the contracting activity.
Senior Procurement Executive (SPE) for the Department of the
Treasury is the Director, Office of the Procurement Executive.
PART 1003--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
Subpart 1003.9--Whistleblower Protections for Contractor Employees
1003.901 Definitions.
Authority: 41 U.S.C. 418b (a) and (b).
Subpart 1003.9--Whistleblower Protections for Contractor Employees
1003.901 Definitions.
Authorized official of an agency means Treasury's SPE.
PART 1004--ADMINISTRATIVE MATTERS
Subpart 1004.4--Safeguarding Classified Information Within Industry
Sec.
1004.470 Investigative Requirement for Contractors.
1004.470--1 General.
Authority: 41 U.S.C. 418b (a) and (b).
Subpart 1004.4--Safeguarding Classified Information Within Industry
1004.470 Investigative Requirements for Contractors.
1004.470--1 General.
Contract employees not requiring access to classified information
must meet the investigative requirements of Chapter II, Section 2 of TD
P 71-10, Department of the Treasury--Security Manual.
Subchapter B--Competition and Acquisition Planning
PART 1005--PUBLICIZING CONTRACT ACTIONS
Subpart 1005.2--Synopses of Proposed Contract Actions
Sec.
1005.202 Definitions.
Authority: 41 U.S.C. 418(b) (a) and (b).
Subpart 1005.2--Synopses of Proposed Contract Actions
105.202 Exceptions.
(b)(1) The Office of Federal Procurement Policy and the Small
Business Administration have extended the Pilot Program on Acquisition
of Services from Small Businesses. It allows for a waiver of the
synopsis requirement for services from competitive small businesses
between $25,000 and $100,000. Contracting officers may waive the
synopsis requirement after determining the following:
(1) Acquisitions covered by the waiver are for services (excluding
those exempted from set-asides under the Small Business Competitiveness
Demonstration Program) in amounts over $25,000, but not exceeding the
simplified acquisition threshold ($100,000), of which supply items are
expected to constitute less than 20 percent of the value of the
contract;
(ii) The covered acquisitions will be set-aside for small
businesses;
(iii) Quotes or offers for covered acquisitions will be solicited
and obtained from a minimum of five small business concerns;
(iv) The Procurement Marketing and Access Network (PRO-Net) will be
used to identify and solicit bids from a minimum of five small
businesses; and
(v) If practicable, two sources not included in the previous
solicitation for the same services will be solicited.
PART 1011--DESCRIBING AGENCY NEEDS
Subpart 1011.1--Selecting and Developing Requirements Documents
Sec.
1011.103 Market acceptance.
Authority: 41 U.S.C. 418b (a) and (b).
Subpart 1011.1--Selecting and Developing Requirements Documents
1011.103 Market Acceptance.
(a) BCPOs can act on behalf of the head of the agency in this
subpart only. BCPOs, under appropriate circumstances, require offerors
to make the required demonstrations.
Subchapter D--Socioeconomic Programs
PART 1019--SMALL BUSINESS PROGRAMS
Subpart 1019.2--Policies
Sec.
1019.202 Specific policies.
1019.202--70 The Treasury Mentor-Prot[eacute]g[eacute] Program
1019.202--70-3 Non-affiliation.
1019.202--70-4 General policy.
1019.202--70-5 Incentives for prime contractor participation.
1019.202--70-7 Mentor firms.
1019.202--70-8 Prot[eacute]g[eacute] firms.
1019.202--70-9 Selection of Prot[eacute]g[eacute] firms.
1019.202--70-10 Application process for mentor firms to participate
in the program.
1019.202--70-11 OSBD review and approval process of agreement.
1019.202--70-12 Agreement contents.
1019.202--70-13 Developmental assistance.
1019.202--70-14 Obligation.
1019.202--70-16 Solicitation provisions and contract clauses.
Subpart 1019.7--The Small Business Subcontracting Program
1019.708 Contract clauses.
1019.708-70 Solicitation provisions and contract clauses.
Subpart 1019.8--Contracting With the Small Business Adminstration (The
8(a) Program)
1019.811 Preparing the contracts.
1019.811-3 Contract clauses.
Authority: 41 U.S.C. 418b (a) and (b).
Subpart 1019.2--Policies
1019.202 Specific policies.
1019.202-70 The Treasury Mentor-Prot[eacute]g[eacute] Program.
1019.202 Non-affiliation.
For purposes of the Small Business Act, a prot[eacute]g[eacute]
firm may not be considered an affiliate of a mentor firm solely on the
basis that the prot[eacute]g[eacute] firm is receiving developmental
assistance referred to in DTAR 1019.202-70-13 from such mentor firm
under the Program.
1019.202-70-4 General policy.
(a) Eligible prime contractors, not included on the ``List of
Parties Excluded from Federal Procurement and Nonprocurement
Programs'', that are approved as mentors will enter into agreements
with eligible prot[eacute]g[eacute]s. Mentors provide appropriate
developmental assistance to enhance the capabilities of
prot[eacute]g[eacute]s to perform as contractors or subcontractors.
(b) A firm's status as a prot[eacute]g[eacute] under a Treasury
contract must not have an effect on the firm's eligibility to seek
other contracts or subcontracts.
[[Page 39857]]
1019.202-70-5 Incentives for prime contractor participation.
(a) Under the Small Business Act, 15 U.S.C. 637(d)(4)(E), Treasury
is authorized to provide appropriate incentives to encourage
subcontracting opportunities consistent with the efficient and
economical performance of the contract. Proposed mentor-
prot[eacute]g[eacute] efforts will be considered during the evaluation
of such negotiated, competitive offers. Contracting officers must
provide, as an incentive, a bonus score, not to exceed 5% of the
relative importance assigned to the technical/management factors.
(b) A mentor's performance will be evaluated against the criteria
described in DTAR 1052.219-75.
(c) Before awarding a contract that requires a subcontracting plan,
the existence of a mentor-prot[eacute]g[eacute] arrangement, and
performance (if any) under an existing arrangement, must be considered
by the contracting officer in:
(1) Evaluating the quality of a proposed subcontracting plan under
FAR 19.705-4; and
(2) Evaluating the contractor compliance with the subcontracting
plans submitted in previous contracts as a factor in determining
contractor responsibility under FAR 19.705-5(a)(1).
(d) Mentor-prot[eacute]g[eacute] arrangements may provide the
government with greater assurance that a prot[eacute]g[eacute]
subcontractor will be able to perform under the contract.
(e) The Office of Small Business Development (OSBD) Mentoring Award
is a non-monetary award that will be presented (annually or as often a
appropriate) to the mentoring firm providing the most effective
developmental support of a prot[eacute]g[eacute]. The Mentor-
Prot[eacute]g[eacute] Program Manager will recommend an award winner to
the Director, Office of Small Business Development.
1019.219-70-7 Mentor firms.
A mentor firm may be either a large or small business, eligible for
award of a Government contract that can provide developmental
assistance to enhance the capabilities of prot[eacute]g[eacute]s to
perform as subcontractors. Mentors will be encouraged to enter into
arrangements with prot[eacute]g[eacute]s in addition to firms with whom
they have established business relationships.
1019.202-70-8 Prot[eacute]g[eacute] firms.
(a) For selection as a prot[eacute]g[eacute], a firm must be:
(1) A small business, women-owned small business, small
disadvantaged business, small business owned and controlled by service
disabled veterans, or qualified HUBZone small business:
(2) ``Small'' in the NAICS for the services or supplies to be
provided by the prot[eacute]g[eacute] under its subcontract to the
mentor; and
(3) Eligible for receipt of Government contracts.
(b) Except for small disadvantaged business, or qualified HUBZone
small business firms, a prot[eacute]g[eacute] firm may self-certify to
a mentor firm that it meets the requirements set forth if paragraph (a)
of this section. Mentors may rely in good faith on written
representations by potential prot[eacute]g[eacute] that they meet the
specified eligibility requirements. The small disadvantaged business
and HUBZone status eligibility and documentation requirements are
determined according to FAR 19.304 and FAR 19.1303, respectively.
(c) Prot[eacute]g[eacute]s may not have multiple mentors unless
approved, in writing, by the Director, Office of Small Business
Development (OSBD). Prot[eacute]g[eacute]s participating in other
agency mentor-prot[eacute]g[eacute] programs in addition to the
Treasury Program should maintain a system for preparing separate
reports of mentoring activity for each agency's program.
1019.708-70-9 Selection of prot[eacute]g[eacute] firms.
(a) Mentor firms will be solely responsible for selecting
prot[eacute]g[eacute] firms. The mentor is encouraged to identify and
select the types of prot[eacute]g[eacute] firms listed in 1019.202-70-
7. Mentor firms may have multiple prot[eacute]g[eacute]s.
(b) The selection of prot[eacute]g[eacute] firms by mentor firms
may not be protested. Any protest regarding the size or eligibility
status of an entity selected by a mentor to be a prot[eacute]g[eacute]
must be referred solely to Treasury's OSBD for resolution. Treasury, at
its discretion, may seek an advisory opinion from the Small Business
Administration (SBA).
1019.202-70-10 Application process for mentor firms to participate in
the program.
(a) Firm interested in becoming a mentor firm may apply in writing
to Treasury's OSBD. The application will be evaluated based upon the
description of the nature and extent of technical and managerial
support proposed as well as the extent of other developmental
assistance in the form of equity investment, loans, joint-venture
support, and traditional subcontracting support.
(b) A proposed mentor will submit the information listed in DTAR
1019.202-70-12 for inclusion in a mentor-prot[eacute]g[eacute]
agreement.
1019.202-70-11 OSBD review and approval process of agreement.
(a) OSBD will review the information specified in DTAR 1019.202-70-
12. The OSBD review will be completed no later than 30 calendar days
after receipt.
(b) Upon completion of the review, the mentor may implement the
developmental assistance program.
(c) An approved agreement will be incorporated into the mentor
firm's contract(s) with Treasury.
(d) If the OSBD disapprove the agreement, the mentor may provide
additional information for reconsideration. Upon finding deficiencies
that the OSBD considers correctable, the OSBD will notify the mentor
and provide a list of defects. Any additional information or
corrections requested will be provided within 30 calendar days. The
review of any supplemental material will be completed within 30 days
after receipt by the OSBD. When submission of additional data is
required during a proposal evaluation for a new contract award, shorter
timeframes for submission, review and re-evaluation for approval may be
authorized by the OSBD.
(e) The agreement defines the relationship between the mentor and
protege firms only. The agreement itself does not create any privity of
contract between the mentor or protege and Treasury.
1019.202-70-12 Agreement contents.
The contents of the agreement will contain:
(a) Names and addresses of mentor and protege firms and a point of
contact within both firms who will oversee the agreement;
(b) Procedures for the mentor firm to notify the protege firm, OSBD
and the contracting officer, in writing, at least 30 days in advance of
the mentor firm's intent to voluntarily withdraw from the program;
(c) Procedures for a protege firm to notify the mentor firm in
writing at least 30 days in advance of the protege firm's intent to
voluntarily terminate the mentor-protege agreement. The mentor must
notify the OSBD and the contracting officer immediately upon receipt of
such notice from the protege;
(d) Each proposed mentor-protege relationship must include
information on the mentor's ability to provide developmental assistance
to the protege and how that assistance will potentially increase
contracting and subcontracting opportunities for the protege firm;
(e) A description of the type of developmental Program that will be
provided by the mentor firm to the
[[Page 39858]]
protege firm, to include a description of the potential subcontract
work, and a schedule for providing assistance and criteria for
evaluation of the proteges developmental success;
(f) A listing of the types and dollar amounts of subcontracts that
may be awarded to the protege form;
(g) Program participation term;
(h) Termination procedures;
(i) Plan for accomplishing work should the agreement be terminated;
and,
(j) Other terms and conditions, as appropriate.
1019.202-70-13 Developmental assistance.
The forms of developmental assistance a mentor can provide to a
protege include:
(a) Management guidance relating to financial management,
organizational management, overall business management/planning,
business development, and technical assistance;
(b) Loans;
(c) Rent-free use of facilities and/or equipment;
(d) Property;
(e) Temporary assignment of personnel to protege for purpose of
training; and,
(f) Any other types of mutually beneficial assistance.
1019.202-70-14 Obligation.
(a) Mentor or protege firms, may voluntarily withdraw from the
Mentor-Protege Program. However, such withdrawal will not impact the
program mission and contract requirements under the prime contract.
(b) At the conclusion of each year in the Mentor-Protege Program,
the prime contractor and protege must formally brief the Department of
the Treasury team regarding program accomplishments as pertains to the
approved agreement. Individual briefings may be conducted, at the
request of either party. Treasury will evaluate these reports by
considering the following:
(1) Specific actions taken by the mentor, during the evaluation
period, to increase the participation of protege as suppliers to the
Federal government and to commercial entities;
(2) Specific actions taken by the mentor, during the evaluation
period, to develop the technical and corporate administrative expertise
of a protege as defined in the agreement;
(3) To what extent the protege has met the developmental objectives
in the agreement; and,
(4) To what extent the mentor firm's participation in the Mentor-
Protege Program resulted in the protege receiving contract(s) and
subcontract(s) from private firms and agencies other than the
Department of the Treasury.
(c) Mentor and protege firms must submit an evaluation to the OSBD
at the conclusion of the mutually agreed upon program period, the
conclusion of the contract, or the voluntary withdrawal by either party
from the Mentor-Protege Program, whichever comes first.
1019.202-70-16 Solicitation provisions and contract clauses.
(a) Insert the provision at DTAR 1052.219-73, Department of the
Treasury Mentor-Protege Program, in all unrestricted solicitations
exceeding $500,000 ($1,000,000 for construction) that offer
subcontracting possibilities.
(b) Insert the clause at DTAR 1052.219-75, Mentor Requirements and
Evaluation, in contracts where the prime contractor is participant in
the Treasury Mentor-Protege Program.
Subpart 1019-7--The Small Business Subcontracting Program
1019.708 Contract clauses.
1019.708-70 Solicitation provisions and contract clauses.
(a) Insert the clause at DTAR 1052.219-70, SF 294 and SF 295
Reporting, in all solicitations and contracts requiring a
subcontracting plan.
(b) Insert the provision at DTAR 1052.219-71, Subcontracting Plan,
in all solicitations requiring a subcontracting plan.
Subpart 1019.8--Contracting With the Small Business Administration
(The 8(a) Program)
1019.811 Preparing the contracts.
1019.811-3 Contract clauses.
(d)(3) Insert theclause at DTAR 1052.219-18, Notification of
Competition Limited to Eligible 8(a) Concerns--Alternate III
(Deviation), for paragraph (c) of FAR 52.219-18, Notification of
Completion Limited to Eligible 8(a) Concerns, in all solicitations and
contracts that exceed $100,000 and are processed under DTAR 1019.8.
(f) Insert the clause at DTAR 1052.219-72, Section 8(a) Direct
Award, in solicitations and contracts that exceed $100,000 and are
processed under DTAR 1019.8 for paragraph (c) of FAR 52.219-11, Special
8(a) Subcontract Conditions; FAR 52.219-12, Special 8(a) Subcontract
Conditions; and FAR 52.219-17, Section 8(a) Award.
Subchapter E--General Contracting Requirements
PART 1028--BONDS AND INSURANCE
Subpart 1028.1--Bonds
Sec.
1028.106 Administration.
1028.106-6 Furnishing information.
Subpart 1028.3--Insurance
1028.307- Insurance under cost-reimbursement contracts.
1028.307-1 Group insurance plans.
Authority: 41 U.S.C. 418b (a) and (b).
Subpart 1028.1--Bonds
1028.106 Administration.
1028.106-6 Furnishing information.
(b) COs must furnish certified copies and determine reasonable and
appropriate costs, after consultation with legal counsel.
Subpart 1028.3--Insurance
1028.307 Insurance under cost-reimbursement contracts.
1028.307-1 Group insurance plans.
Plans must be submitted to the CO, who must obtain the advice of
legal counsel.
PART 1033--PROTESTS, DISPUTES, AND APPEALS
Subpart 1033.2--Disputes and Appeals
Sec.
1033.201 Definitions.
1033.210 Contracting officer's authority.
Authority: 41 U.S.C. 418b (a) and (b).
Subpart 1033.2--Disputes and Appeals
1033.201 Definitions.
Agency Board of Contract Appeals means the General Services
Administration Board of Contract Appeals (GSBCA). The GSBCA is the
authorized representative of the Secretary of the Treasury in hearing,
considering, and determining all appeals of decisions of CO's filed by
contractors pursuant to FAR subpart 33.2. Appeals must be governed by
the Rules of the GSBCA (48 CFR chapter 61, part 6101).
1033.210 Contracting officer's authority.
It is Treasury's policy to encourage the use of Alternate Disputes
Resolution (ADR) procedures. A decision to use ADR procedures requires
review and approval by legal counsel.
[[Page 39859]]
Subchapter H--Clauses and Forms
PART 1052--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
Subpart 1052.2--Texts of Provisions and Clauses
Sec.
1052.210-70 Contracting Officer's Technical Representative (COTR)
Designation and Authority.
1052.219-18 Notification of Competition Limited to Eligible 8(a)
Concerns--Alternate III (Deviation).
1052.219-70 SF 294 and SF 295 Reporting.
1052.219-71 Subcontracting Plan.
1052.219-72 Section 8(a) Direct Awards.
1052.219-73 Department of the Treasury Mentor-Prot[eacute]g[eacute]
Program.
1052.219-74 [Reserved]
1053.219-75 Mentor Requirements and Evaluation.
Authority: 41 U.S.C. 418b (a) and (b).
Subpart 1052.2--Texts of Provisions and Clauses
1052.201-70 Contracting Officer's Technical Representative (COTR)
Designation and Authority.
Per DTAR 1001.670-3, insert the following clause:
CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR) DESIGNATION AND
AUTHORITY (MAR 2002)
(a) The contracting officer's technical
representative is------------------------------------------------------
[insert name, address and telephone number].
(b) Performance of work under this contract is subject to the
technical direction of the COTR identified above, or a
representative designated in writing. The term ``technical
direction'' includes, without limitation, direction to the
contractor that directs or redirects the labor effort, shifts the
work between work areas or locations, and/or fills in details and
otherwise serves to ensure that tasks outlined in the work statement
are accomplished satisfactorily.
(c) Technical direction must be within the scope of the contract
specification(s)/work statement. The COTR does not have authority to
issue technical direction that:
(1) Constitutes a change of assignment or additional work
outside the contract specification(s)/work statement;
(2) Constitutes a change as defined in the clause entitled
``Changes'';
(3) In any manner causes an increase or decrease in the contract
price, or the time required for contract performance;
(4) Changes any of the terms, conditions, or specification(s)/
work statement of the contract;
(5) Interferes with the contractor's right to perform under the
terms and conditions of the contract; or,
(6) Directs, supervises or otherwise controls the actions of the
contractor's employees.
(d) Technical direction may be oral or in writing. The COTR must
confirm oral direction in writing within five workdays, with a copy
to the contracting officer.
(e) The contractor must proceed promptly with performance
resulting from the technical direction issued by the COTR. In the
opinion of the contractor, if any direction of the COTR or the
designated representative falls within the limitations of (c) above,
the contractor must immediately notify the contracting officer no
later than the beginning of the next Government work day.
(f) Failure of the contractor and the contracting officer to
agree that technical direction is within the scope of the contract
will be subject to the terms of the clause entitled ``Disputes.''
(end of clause)
1052.219-18 Notification of Competition Limited to Eligible 8(a)
Concerns--Alternate III (Deviation).
In accordance with DTAR 1019.811-3(d)(3), substitute the following
for paragraph (c) in FAR 52.219-18:
(c) Any award resulting from this solicitation will be made
directly by the contracting officer to the successful 8(a) offeror
selected through the evaluation criteria set forth in this
solicitation.
1052.219-70 SF 294 and SF 295 Reporting.
Per DTAR 1019.708-70(a), insert the following clause:
SF 294 AND SF 295 REPORTING (MAR 2002)
In accordance with the clause entitled ``Small, Small
Disadvantaged and Women-Owned Small Business Subcontracting Plan''
in Section I and the contract schedule, SF 294 and SF 295 reports
must be submitted to the following personnel:
----------------------------------------------------------------------------------------------------------------
Addressee Submit SF 294 Submit SF 295
----------------------------------------------------------------------------------------------------------------
Contracting Officer (Address shown on front Original........................ Original.
of contract).
Small Business Specialist [Insert Bureau Copy............................ Copy.
name and address].
Department of the Treasury Office of Small N/A............................. Copy.
Business Development (MMD) 1500
Pennsylvania Avenue, NW c/o 1310 G St., NW,
Suite 400W Washington, DC 20220.
----------------------------------------------------------------------------------------------------------------
(End of clause)
1052.219-71 Subcontracting Plan.
As prescribed in DTAR 1019.708-70(b), insert the following
provision:
SUBCONTRACTING PLAN (MAR 2002)
As part of its initial proposal, each large business offeror
must submit a contracting plan, as prescribed in FAR 52.219-9. Use
of the subcontracting plan outlined containe in Section J of this
solicitation is optional; however, plans must contain all elements
included in the outline.
(End of provision)
1052.219-72 Section 8(a) Direct Awards.
As prescribed in DTAR 1019.811-3(f), insert the following clause:
SECTION 8(A) DIRECT AWARDS (MAR 2002)
(a) This purchase order or contract is issued as a direct award
between the contracting activity and the 8(a) contractor pursuant to
the Memorandum of Understanding between the Small Business
Administration (SBA) and the Department of the Treasury. SBA retains
responsibility for 8(a) certification, 8(a) eligibility
determinations and related issues, and provides counseling and
assistance to the 8(a) contractor under the 8(a) program. The
cognizant SBA district office is: [To be completed by the
contracting officer at the time of award]
(b) The contracting officer is responsible for administering the
purchase order or contact and taking any action on behalf of the
Government under the terms and conditions of the purchase order or
contract. However, the contracting officer shall give advance notice
to the SBA before it issues a final notice terminating performance,
either in whole or in part, under the purchase order or contract.
The contracting officer shall also coordinate with SBA prior to
processing any novation agreement. The contracting officer may
assign contract administration functions to a contract
administration office.
(c) The contractor agrees:
(1) To notify the contracting officer, simultaneously with its
notification to SBA (as required by SBA's 8(a) regulations), when
the owner(s) upon whom 8(a) eligibility is based, plan to relinquish
ownership or control of the concern. Consistent with 15 U.S.C.
637(a)21), transfer of ownership or control must result in
termination of the contract for convenience, unless SBA waives the
requirement for termination prior to the actual relinquishing of
control; and
(2) To adhere to the requirements of FAR 52.219-14, Limitations
on Subcontracting.
(End of clause)
1052.219-73 Department of the Treasury Mentor-Prot[eacute]g[eacute]
Program.
As described in DTAR 1019.202-70, insert the following provision:
DEPARTMENT OF THE TREASURY MENTOR-PROT[Eacute]G[Eacute] PROGRAM (JAN
2000)
(a) Large and small businesses are encouraged to participate in
the Department of the Treasury Mentor-Prot[eacute]g[eacute] Program.
Mentor firms provide small business prot[eacute]g[eacute]
[[Page 39860]]
with developmental assistance to enhance their capabilities and
ability to obtain federal contracts.
Mentor firms are large prime contractors or eligible small
businesses capable of providing developmental assistance.
Prot[eacute]g[eacute] firms are small businesses as defined in 13
CFR parts 121, 124, and 126.
Developmental assistance is technical, managerial, financial,
and other mutually beneficial assistance to aid
prot[eacute]g[eacute]s. Contractors interested in participating in
the Program are encouraged to contact the Department of the Treasury
OSBD or the Bureau of the OSBD for further information.
(End of provision)
1052.219-74 [Reserved]
1052.219-75 Mentor Requirements and Evaluation.
As prescribed in DTAR 1019.202-70, insert the following clause:
MENTOR REQUIREMENTS AND EVALUATION (JAN 2000)
(a) Mentor and prot[eacute]g[eacute] firms shall submit an
evaluation to the Department of the Treasury's OSBD at the
conclusion of the mutally agreed upon Program period, or the
voluntary withdrawal by either party from the Program, whichever
occurs first. At the conclusion of each year in the Mentor-
Prot[eacute]g[eacute] Program, the prime contractor and
prot[eacute]g[eacute] will formally brief the Department of the
Treasury Mentor-Prot[eacute]g[eacute] Program Manager regarding
program accomplishments under their mentor-prot[eacute]g[eacute]
agreements.
(b) A mentor or prot[eacute]g[eacute] must notify the OSBD and
the contracting officer, in writing, at least 30 calendar days in
advance of the effective date of the firm's withdrawal from the
Program. A mentor firm must notify the OSBD and the contracting
officer upon receipt of a prot[eacute]g[eacute]'s notice of
withdrawal from the Program.
(End of Clause)
[FR Doc. 03-16918 Filed 7-2-03; 8:45 am]
BILLING CODE 4811-15-M