Federal Register: April 27, 2004 (Volume 69, Number 81)

DOCID: FR Doc 04-8571

SUBJECT CATEGORY:

2910, 2911, 2912, 2913, 2914, 2915, 2916, 2917, 2918, 2919, 2920, 2921, 2922, 2923, 2924, 2925, 2926, 2927, 2928, 2929, 2930, 2931, 2932, 2933, 2934, 2935, 2936, 2937, 2938, 2939, 2940, 2941, 2942, 2943, 2944, 2945, 2946, 2947, 2948, 2949, 2950, 2951, 2952, and 2953

DATES: The effective date for this rule is May 27, 2004.

DOCUMENT SUMMARY:

This document sets forth a revised Department of Labor Acquisition Regulation (DOLAR). The final rule reflects changes made to the proposed rules in response to the comments received during the comment period. The Department of Labor Acquisition Regulation implements and supplements the Federal Acquisition Regulation (FAR). The DOLAR was last revised in 1986, and is significantly outofdate. The regulation has been substantially revised to: Update references to obsolete policies, procedures, and organizations; incorporate electronic links to references such as revised provisions of the FAR, U.S. Code, and the Code of Federal Regulations; incorporate Office of Federal Procurement Policy Letters and Executive Orders; and establish revised procedures that follow current established best practices. This final rule provides a definition for ``Agency Head'' which may not be consistent with the internal Department of Labor Manual Series (DLMS) Chapters 2800 and 2900 (establishing DOL procurement operating procedures and policies). The DLMS will be amended to comport with the definition in the DOLAR.

SUMMARY:

Labor Department,

DOCUMENT BODY 2:

RIN 1291AA34

Revision to the Department of Labor Acquisition Regulations

SUPPLEMENTAL INFORMATION

These comprehensive revisions to parts 2901 through 2954 incorporate changes to the language and structure of the regulations and also update provisions to correspond with the current Federal Acquisition Regulation and Department of Labor policies. Comments on the Proposed Rules

We received one set of comments with fifteen elements from one member of the public.

Comment: Five of these comments suggested that the language be updated to reflect changes made in the Federal Acquisition Regulation since publication of the Notice of Proposed Rulemaking (NPRM) on August 15, 2003.

Response: Agree. We have made changes necessary to comply with Federal Acquisition Circulars (FAC): 200115, 200116, 200117, and 200118.

Comment: Three comments suggested that references to Web site addresses for GSA's Excluded Party Listing System and the U.S. Department of Energy's Alternative Fuels Data Center be updated to reflect new Internet addresses.

Response: Agree. The references to the Internet have been changed to reflect the current addresses for each Web site.

Comment: Two comments suggested that the Department state a preference for the Standard Form SF30 in executing contract and purchase order modifications, and the SF1449 for executing commercial purchases.

Response: Agree. The preference is so stated.

Comment: One comment noted that 2916.6 misquotes FAR 16.505 to include a $25,000 threshold for a fair opportunity to compete task orders instead of the micropurchase threshold (currently $2,500).

Response: Agree. The reference has been corrected.

Comment: One comment noted that the reference to ``OFPP Policy Letter 931'' should note that the Policy Letter has been reissued.

Response: Agree. We have changed the reference to reflect the later date.

Comment: Two comments suggest that references in 2942.1502 and 2942.1503 reflect the Department of Labor's use of the National Institutes of Health's Past Performance Information Retrieval System (PPIRS) instead of the Contractor Performance System.

Response: Agree. The PPIRS is the egov system, which includes as a subsystem the NIH's Contractor Performance System. The reference has been corrected.

Comment: Finally, the commenter requested that additional clauses be incorporated into the DOLAR in order to reduce the proliferation of local clauses and to help DOL simplify its business processes.

Response: This comment was not accepted, as there has not been evidence of a ``proliferation of local clauses.'' This comment will be considered for future revisions to the DOLAR.

Congressional Review Act

Consistent with the Congressional Review Act, 5 U.S.C. 801, et seq., we will submit to Congress and the Comptroller General of the United States, a report regarding the issuance of this final rule prior to the effective date set forth at the beginning of this document. Regulatory Flexibility Act

The Regulatory Flexibility Act (5 U.S.C. 605(b)) requires that, for each rule with a ``significant economic impact on a substantial number of small entities'', an analysis shall be prepared describing the rule's impact on small entities and identifying any significant alternatives to the rule that would minimize the economic impact on small entities. This rule revises and updates existing contracting procedures and does not make any major changes to the DOLAR that would have a significant economic impact on a substantial number of small businesses.

Executive Order 12866

This rule is considered by the Department of Labor to be a significant regulatory action under Executive Order 12866, section 3(f), Regulatory Planning and Review. Accordingly, this regulation has been submitted to the Office of Management and Budget for review. Unfunded Reform Mandates Act of 1995

The Unfunded Reform Mandates Act of 1995 (Pub. L. 1044) requires agencies to prepare several analytic statements before proposing any rule that may result in annual expenditures of $100 million by State, local, Indian Tribal governments or the private sector. The changes to the DOLAR made by this rule do not result in expenditures of this magnitude.

Paperwork Reduction Act

The changes to the DOLAR will not impose additional reporting or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35). The DOL forms identified in 2953.1 are used for internal
[[Page 22991]]
review and are not public use documents.

Small Business Regulatory Enforcement Fairness Act of 1996

This rule is not a major rule as defined by section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 804). This rule will not: result in an annual effect on the economy of $100 million or more; result in an increase in cost or prices; or have significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United Statesbased companies to compete with foreignbased companies in domestic and export markets.

Executive Order 13132: Federalism

The changes to the DOLAR will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with section 6 of Executive Order 13132, this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement.
List of Subjects in 48 CFR Parts 2901 through 2953

Government procurement.
For the reasons stated in the preamble, the Department of Labor revises 48 CFR chapter 29, consisting of parts 2900 through 2953, to read as set forth below.

Signed at Washington, DC, this 9th day of April, 2004. Elaine L. Chao,
Secretary of Labor.
CHAPTER 29DEPARTMENT OF LABOR
General Structure and Subparts
(Parts 2900 to 2999)
Subchapter AGeneral
PART 2901DEPARTMENT OF LABOR ACQUISITION REGULATION SYSTEM
PART 2902DEFINITIONS OF WORDS AND TERMS
PART 2903IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST
Subchapter BAcquisition Planning
PART 2904ADMINISTRATIVE MATTERS
PART 2905PUBLICIZING CONTRACT ACTIONS
PART 2906COMPETITION REQUIREMENTS
PART 2907ACQUISITION PLANNING
PART 2908REQUIRED SOURCES OF SUPPLIES AND SERVICES
PART 2909CONTRACTOR QUALIFICATIONS
PART 2910SPECIFICATIONS, STANDARDS, AND OTHER PURCHASE
DESCRIPTIONS
PART 2911DESCRIBING AGENCY NEEDS
PART 2912ACQUISITION OF COMMERCIAL ITEMS
PART 2913SIMPLIFIED ACQUISITION PROCEDURES
Subchapter CContracting Methods and Contract Types
PART 2914SEALED BIDDING
PART 2915CONTRACTING BY NEGOTIATION
PART 2916TYPES OF CONTRACTS
PART 2917SPECIAL CONTRACTING METHODS
Subchapter DSocioeconomic Programs
PART 2918 [RESERVED]
PART 2919SMALL BUSINESS PROGRAMS
PART 29202921 [RESERVED]
PART 2922APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS PART 2923ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUGFREE WORKPLACE
PART 29242927 [RESERVED]
Subchapter EGeneral Contracting Requirements
PART 2928BONDS AND INSURANCE
PART 2929TAXES
PART 2930COST ACCOUNTING STANDARDS
PART 2931CONTRACT COST PRINCIPLES AND PROCEDURES
PART 2932CONTRACT FINANCING
PART 2933PROTESTS, DISPUTES, AND APPEALS
PART 29342935 [RESERVED]
PART 2936CONSTRUCTION AND ARCHITECTENGINEER CONTRACTS
PART 2937SERVICE CONTRACTING
PARTS 29382941 [RESERVED]
Subchapter GContract Management
PART 2942CONTRACT ADMINISTRATION AND AUDIT SERVICES
PART 2943CONTRACT MODIFICATIONS
PART 2944SUBCONTRACTING POLICIES AND PROCEDURES
PART 2945GOVERNMENT PROPERTY
PARTS 29462951 [RESERVED]
Subchapter HClauses And Forms
PART 2952SOLICITATION PROVISIONS AND CONTRACT CLAUSES
PART 2953FORMS
SUBCHAPTER AGeneral
PART 2901DEPARTMENT OF LABOR ACQUISITION REGULATION SYSTEM
Subpart 2901.0Scope of Subpart
Sec.
2901.001 Scope of subpart.
Subpart 2901.1Purpose, Authority, Issuance
2901.101 Purpose.
2901.103 Authority.
2901.1052 Arrangement of regulations.
2901.1053 Copies.
Subpart 2901.2Administration
2901.2011 Maintenance of the FAR.
Subpart 2901.3Agency Acquisition Regulations
2901.302 Limitations.
2901.304 Agency control and compliance procedures.
[[Page 22992]]
Subpart 2901.4Deviations From the FAR and DOLAR
2901.403 Individual deviations from the FAR.
2901.404 Class deviations.
2901.405 Deviations pertaining to treaties and executive agreements. Subpart 2901.6Career Development, Contracting Authority, and Responsibilities
2901.601 General.
2901.602 Contracting officers.
2901.6021 Authority.
2901.6023 Ratification of unauthorized commitments.
2901.603 Selection, appointment, and termination of Appointment. 2901.6031 General.
2901.6033 Appointment.
2901.6034 Terminations.
2901.60370 Responsibility of other government personnel.
2901.60371 Contracting officer's technical representatives (COTR). 2901.60372 Administrative procurement management reviews.
Subpart 2901.7Determinations and Findings
2901.707 Signatory authority.

Authority: 5 U.S.C. 301, 40 U.S.C. 486(c).
PART 2901DEPARTMENT OF LABOR ACQUISITION REGULATION SYSTEM. Subpart 2901.0Scope of Subpart

2901.001 Scope of part.

This chapter may be referred to as the Department of Labor Acquisition Regulation or the DOLAR. This subpart sets forth introductory information about the Department of Labor Acquisition Regulation. 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.
Subpart 2901.1Purpose, Authority, Issuance
2901.101 Purpose.
(a) Chapter 29, Department of Labor Acquisition Regulation, is established within Title 48 of the Federal Acquisition Regulation System of the Code of Federal Regulations.
(b) The purpose of the DOLAR is to implement the FAR, 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.

2901.103 Authority.

The DOLAR is issued pursuant to the authority of the Secretary of Labor under 5 U.S.C. 301 and 40 U.S.C. 486(c). This authority has been delegated to the Assistant Secretary for Administration and Management under Secretary's Order 476 in accordance with FAR 1.301(d)(3). 2901.1052 Arrangement of regulations.
(a) Numbering. Where DOLAR implements the FAR, the implementing part, subpart, section or subsection of the DOLAR is numbered and captioned, to the extent feasible, the same as the FAR part, subpart, section or subsection being implemented, except that the section or subsection being implemented is 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 l.105l is shown as 290l.1051 and the DOLAR implementation of FAR subpart 24.1 is shown as DOLAR subpart 2924.1. Material which supplements the FAR is assigned the subsection numbers 70 and up. For example, the DOL regulation governing appointment and termination of contracting officers' technical representatives is identified as 2901.60371.
(b) References to FAR materials within the DOLAR will include the acronym FAR and the identifying number, for example, FAR l.1042(c)(2). References to DOLAR materials within the DOLAR simply cite the identifying number, for example, 2901.1042(c)(2).

2901.1053 Copies.

Copies of the DOLAR published in the Federal Register, CDROM, or Code of Federal Regulations may be purchased from the Superintendent of Documents, Government Printing Office, Washington, DC 20402, or from the Government Printing Office Web Page, http://www.gpo.gov/. 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. Additional information on DOL may be obtained on the Internet at http://www.dol.gov. Other DOL procurement policy documents referenced within the DOLAR may be available when appropriate by mail from the Division of Acquisition Management Services.
Subpart 2901.2Administration

2901.2011 Maintenance of the FAR.

A member of the Division of Acquisition Management Services (DAMS), an organization within the Office of Acquisition and Management Support Services, the Business Operations Center, Office of the Assistant Secretary for Administration and Management (OASAM), represents the Department of Labor on the Civilian Agency Acquisition Council (CAAC). DAMS will be responsible for coordination with all interested DOL elements regarding proposed FAR revisions and advocating revisions sought by DOL.
Subpart 2901.3Agency Acquisition Regulations

2901.302 Limitations.

DOLAR System issuances are limited to published, codified, Departmentwide regulations, which implement or supplement FAR policies and procedures and which affect organizations or individuals seeking to contract with the Department.
2901.304 Agency control and compliance procedures.
(a) The DOLAR is under the direct oversight and control of the Department's Senior Procurement Executive. 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 subpart 2901.6. (b) DOLAR issuances shall comply with the restrictions in FAR 1.304(b).
(c) Heads of Contracting Activity (HCAs) must submit all proposed instructions and materials that implement or supplement the DOLAR to the Director, DAMS. In conjunction with the Office of the Solicitor, DAMS will review all issuances whether or not they will be published in the Federal Register as a part of the DOLAR System. In the case of internal procurement policy instructions, the purpose of the review is to ascertain that such instructions are consistent with the FAR and the DOLAR and that they do not contain information which should be issued under the DOLAR.
Subpart 2901.4Deviations From the FAR and DOLAR
2901.403 Individual deviations from the FAR.
(a) The Senior Procurement Executive is authorized to approve deviations from FAR provisions (see FAR 1.403) or DOLAR provisions, which affect only one contracting action, unless FAR 1.405(e) is applicable. Requests for deviations shall be submitted through the Director, DAMS.
(b) Requests for deviations under paragraph (a) of this section must be submitted by the HCA and include justification as to why the deviation is required.
(c) A copy of the approved deviation must be included in the contract file.
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2901.404 Class deviations.
(a) The Senior Procurement Executive is authorized to approve class deviations from FAR or DOLAR provisions which affect more than one contracting action, unless FAR 1.405(e) is applicable. The request for deviation is submitted through the Director, DAMS.
(b) Requests for deviations under paragraph (a) of this section must be submitted by the HCA and include justification as to why the deviation is required and the number of contracting actions which will be affected.
(c) For a FAR class deviation the Director, DAMS will consult with the Chair of the CAAC, as required in FAR 1.404(a)(1), before authorizing the deviation.
(d) A copy of the approved class deviation must be included in each contract file.
(e) Recommended revisions to the FAR and a copy of each approved class FAR deviation will be transmitted to the FAR Secretariat by the Director, DAMS as required in FAR 1.404.
2901.405 Deviations pertaining to treaties and executive agreements. (a) The Director, DAMS is responsible for transmitting to the FAR Secretariat the information required in FAR 1.405(d).
(b) For deviations not authorized by FAR 1.405(b) or (c), the Director, DAMS, will process the request for deviation through the FAR Secretariat.
Subpart 2901.6Career Development, Contracting Authority, and Responsibilities
2901.601 General.
(a) This section deals with contracting authority and
responsibilities of the head of the agency as described in 2902.1, FAR subpart 1.6 and this subpart.
(1) The authority and responsibility vested in the Secretary to contract for authorized supplies and services is delegated to the Assistant Secretary for Administration and Management.
(2) The Assistant Secretary for Administration and Management may delegate contracting authority to a bureau or agency within the Department of Labor as he/she delineates in writing.
(b) The Assistant Secretary for Administration and Management, acting through the Senior Procurement Executive, may delegate additional procurement authority subject to the issuance of warrants by the Senior Procurement Executive, and reserves the right to rescind any acquisition authority, if it is determined that such action is in the best interest of the Government.
2901.602 Contracting officers.

2901.6021 Authority.

Contracting warrants, at all levels above the micropurchase threshold, must be requested by the HCA in writing and signed by the Senior Procurement Executive. Warrants may be accompanied by letters of appointment that may provide requirements for maintaining the warrant (e.g., maintaining current documentation for the FAR, DOLAR, and other guidance, and recurrent training). Copies of the appointment shall be maintained in the Division of Acquisition Management Services. Contracting officers must display the original warrant (and its limitations) in their workspace. A listing of current contracting officers may be available for review on the Internet at http://www. dol. gov/ oasam/ grants/ prgms. htm. To modify a contracting officer's authority, the present appointment must be revoked and a new certificate issued.
2901.6023 Ratification of unauthorized commitments.
(a) If the HCA agrees that the commitment appears to be without valid authorization, the Division of Acquisition Management Services must be notified by the HCA in accordance with the procedures outlined in this section.
(b) RatificationsThresholds. The Department of Labor may only ratify acquisitions that were intended to fulfill a bona fide need and otherwise could have been authorized when made. If the action to be ratified is not approved, then the employee who authorized the work may be liable for the entire cost of the action. Requests received by contracting officers for ratification of commitments made by personnel lacking contracting authority must be processed as follows: Must be approved by (Ratifying Dollar threshold official) Steps to be followed Below the micropurchase threshold...... Head of the Contracting Office.. 1 through 5 & 7. Between the micropurchase threshold and Head of Contracting Activity.... 1 through 5 & 7. the Simplified Acquisition Threshold.
Above the Simplified Acquisition Assistant Secretary for 1 through 7. Threshold. Administration and Management, after review by the Procurement Review Board.
Note: DOL procurement policies require review by the Procurement Review Board of advisory and assistance services acquisitions above $50,000 for competitive acquisitions and at any dollar amount for noncompetitive acquisitions, and waivers for contracts with employees and recently separated employees. Therefore, review by the PRB is required for unauthorized obligations at these lower thresholds. StepInstruction
(1) The individual is placed on notice by the contracting officer, in writing, that the purchase may be inappropriate because he did not have a purchasing request, funding, or authority to obligate the Government to make an expenditure of funds.
(i) 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 the facts, including, but not limited to a statement as to why the acquisition office was not used, a description of work to be performed or products to be furnished, an estimated or agreedupon contract price, citation of appropriation available, and a statement as to whether the contractor has commenced performance.
(ii) In the absence of such an individual, the head of the applicable office will be responsible for providing such information, including an explanation of why the individual who made the unauthorized commitment is unavailable to provide this information. (2) The individual who made the unauthorized commitment or the head of the applicable office, as appropriate, shall provide a determination and finding (See FAR 1.704) to the contracting officer indicating that: (i) Supplies or services have been provided to and accepted by the Government, or the Government otherwise has obtained or will obtain a benefit resulting from performance of the unauthorized commitment; (ii) A procurement request and/or accompanying documentation including a statement signed by the individual that explains why normal acquisition procedures were not followed, explains why the source was selected, lists other sources considered, describes the work, [[Page 22994]]
and estimates or states the agreed upon price. (If the DOL employee who made the unauthorized commitment is no longer available, appropriate program personnel must provide the information described in this paragraph); and
(iii) Funds are available and were available at the time of the unauthorized commitment.
(3) The contracting officer reviewing the unauthorized commitment shall determine whether the price is fair and reasonable and if payment is recommended to the ratifying official. (The contracting officer may rely upon written documentation submitted by managing staff above the individual who made the unauthorized commitment, in making his/her determination.)
(4) Legal review is required before ratification by the ratifying official.
(5) The ratifying official shall make an affirmative determination and finding that:
(i) The resulting purchase order or contract would otherwise have been proper if made by an appropriate contracting officer.
(ii) The contracting officer reviewing the unauthorized commitment has determined that the price is fair and reasonable and payment is recommended.
(6) For cases over the simplified acquisition threshold, all documentation for steps (1) through (5) must be forwarded to the Director, Division of Acquisition Management Services, for submission to the Procurement Review Board. However, the ratifying official is responsible for directing the receipt and acceptance for all products and deliverables received by the Government as a result of an unauthorized commitment.
(7) The supervisor of the individual who made the unauthorized commitment shall prepare a corrective action plan to preclude further unauthorized commitments (e.g., ethics, purchase card, or
administrative procedures training, or other appropriate action). The ratifying official may approve the corrective action plan. The individual shall report to the ratifying official in writing when the corrective action has been initiated and again after it has been fully implemented.
2901.603 Selection, appointment, and termination of appointment. 2901.6031 General.
(a) The Senior Procurement Executive will develop and manage an acquisition career management program for contracting personnel. Training requirements must conform to Office of Federal Procurement Policy Letters 923, 9701, and the Federal Acquisition Institute's curriculum. These references are available at:
http://www. arnet. gov/ Library/ OFPP/ PolicyLetters/ Letters/ PL9701. html,
http://www. arnet. gov/ Library/ OFPP/ PolicyLetters/ Letters/ PL923. html, and through the Federal Acquisition Institute (FAI) at: http://www. faionline. com/ fai/ campus/ index4. htm. (b) The program must cover all contracting personnel in the following categories:
(1) General Schedule (GS1102) Contracting Series (See also FAR 1.603);
(2) Contracting officers, regardless of General Schedule Series, with contracting authority above the simplified acquisition threshold; (3) Purchasing Series (GS1105), other individuals performing purchasing duties and individuals with contracting authority between the micropurchase and simplified acquisition thresholds.
(4) All Contracting Officer Technical Representatives as identified in 2901.60371.

2901.6033 Appointment.

General. In accordance with FAR 1.6033, appointments will be made in writing on an SF 1402 for all warrants above the micropurchase threshold. In addition, appointments may be made for specific functions unrelated to dollar threshold, such as indirect cost negotiation, debt management, and closeout functions.
(a) Purchase Cards (micropurchase threshold). Purchase cardholders will be appointed in accordance with the DOL Guidelines for Purchase Card Use and the Agency/Office procedures approved by the HCA. Agency/ Organization Purchase Card Coordinators requesting issuance of a purchase card must be responsible for ensuring that the purchase cardholder has taken an orientation course before issuance and/or use of the purchase card. A list of purchase cardholders is available at: http://www. dol. gov/ oasam/ foia/ hotfoia/ citibank list. htm. (b) Simplified Acquisition Threshold (currently $100,000). The HCA may request a delegation of procurement authority not to exceed the simplified acquisition threshold based on education, training, and experience in the acquisition field. Effective July 26, 2004, all new appointments must comply with training requirements listed in ``OFPP Policy Letter No. 923, Procurement Professionalism Program Policy Training for Contracting Personnel'', dated June 24, 1992.
(c) $500,000. The HCA may request a delegation of procurement authority not to exceed $500,000 based on the individual's education, training and experience in contracting. Although primarily reserved for those in the GS1102 series, the HCA may consider business acumen, education, training, and experience. Effective May 27, 2004, all new appointments must comply with training requirements listed in ``OFPP Policy Letter No. 923, Procurement Professionalism Program Policy Training for Contracting Personnel'', dated June 24, 1992.
(d) Unlimited. The HCA may request a delegation of procurement authority on an unlimited basis for individuals whose education, training, and experience in contracting warrant such authority. Although primarily reserved for those in the GS1102 series, the HCA may consider length of service, training, and experience. Effective May 27, 2004, all new appointments must comply with training requirements listed in ``OFPP Policy Letter No. 923, Procurement Professionalism Program PolicyTraining for Contracting Personnel'', dated June 24, 1992.

2901.6034 Terminations.

Termination of a contracting officer's appointment will be made in writing unless the warrant contains the basis for the termination (i.e., retirement, reassignment). Terminations may be immediate, but must not operate retroactively.
2901.60370 Responsibility of other government personnel.
(a) Only DOL personnel with contracting authority shall obligate DOL to any type of contractual obligation and only to the extent of their delegated authority. 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 determining agency needs should maintain a close and continuous relationship with their contracting officer 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 or insufficient contracting authority may not commit the Government, formally or informally, to any type of contractual obligation. However, DOL personnel who must use the contracting process to accomplish [[Page 22995]]
their programs must support the contracting officer to ensure that: (1) Requirements are clearly defined and specified without being overly restrictive in accordance with FAR 11.002;
(2) Competitive sources are solicited, evaluated, and selected as appropriate;
(3) The FAR and the Competition in Contracting Act requirements for full and open competition are satisfied to the maximum extent practicable. Sole source purchases may only be permitted in accordance with FAR Subpart 6.3 or other applicable provisions of the FAR (e.g. FAR Part 8) or federal law;
(4) Quality standards are prescribed, and met;
(5) Performance or delivery is timely;
(6) Files are documented to substantiate the judgments, decisions, and actions taken, including compliance with paragraphs (c)(2) and (3) of this section;
(7) Requirements are written so as to encourage competition and to comply with regulations and federal policy for meeting acquisition goals such as performancebased contracting, HUBZone contractors, etc. The contracting officer will identify these programs to the program office.
2901.60371 Contracting Officer's Technical Representatives (COTR). (a) At the time a COTR is to become responsible for a contract, task order, or delivery order, the contracting officer must issue a written letter of delegation informing the individual by name of his or her authority, including a delineation of applicable limitations and responsibilities. This applies to contracts awarded by the Department of Labor and those awarded by other agencies, such as Federal Supply Schedule Contracts or Economy Act transactions. Only the contracting officer cognizant of the contract action may make a COTR delegation. However, a contracting officer at any level above the cognizant contracting officer may sign the delegation letter, following his or her determination of its accuracy, completeness, and sufficiency. (b) The functions of a COTR typically may include such actions as inspecting, testing, and accepting contract line items, monitoring the contractor's performance, controlling Governmentfurnished property, reviewing and approving and/or recommending to the contracting officer approval/disapproval of vouchers/invoices, etc. An individual COTR may have only the duties specifically identified in a written delegation to him or her by name (i.e., COTR duties may not be delegated to a position) and has no authority to exceed them.
(c) Contracting officers may not delegate to the COTR the following authorities:
(1) The authority to issue task or delivery orders against a contract or any of the agreements defined under FAR 16.7;
(2) The authority to change any of the terms and conditions of a contract or any of the agreements defined under FAR 16.7;
(3) The authority to sign contracts or contract modifications; (4) The authority to write letters to the contractor that will affect the cost or schedule of the contract. The authority to otherwise write letters to a contractor must require the COTR to send a copy of the letters to the contracting officer for the contract file; (5) The authority to approve contractors' final invoices under costreimbursement contracts. However, the COTR must make a final payment recommendation to the contracting officer; or
(6) The authority to commit the Government to any adjustments to the price or cost of the contract or order (e.g., the contracting officer must sign all prenegotiation and price negotiation memoranda including those which may be combined into one document for those adjustments valued at $100,000 or less).
(d) The contracting officer's delegation must include the admonition that the COTR may be personally liable for unauthorized commitments. Contracting officer authority to sign or authorize contractual instruments must not be delegated through a COTR designation or by any means other than a contracting officer warrant. (e) The contractor must be notified of the COTR designation in writing and a copy of the COTR letter of appointment also must be provided to the contractor. The contracting officer must provide the COTR with a copy of the COTR designation notification that was sent to the contractor.
(f) The letter delegating COTR authority must include the contract number, and must include the following information, at a minimum: (1) Contracting officer's and contract specialist's/administrator's name and telephone number;
(2) COTR's specific authority and responsibilities;
(3) COTR's specific limitations, including the admonition that the COTR may be personally liable for unauthorized commitments; (4) Detailed description of the types of files and the content of the files to be maintained by the COTR;
(5) Reference to meeting applicable requirements for ethics, procurement integrity, no conflict of interest, and proper standards of conduct, including a copy of FAR Part 3, and other regulations, statutes, or directives governing these topics (e.g., 5 CFR Part 2635 Standards of Conduct);
(6) A requirement that the COTR acknowledge receipt and acceptance of the letter and return it to the contracting officer;
(7) A description of the training required and information on obtaining such training.
(g) Applicability. The eligibility requirements of this subpart must apply to all individuals who are designated by the contracting officer as COTRs.
(h) Eligibility standards. To be determined eligible for an appointment as a DOL COTR, the following standards must be met: (1) The candidate must attend and successfully complete a minimum of a 16hour basic COTR course; and
(2) The candidate must attend a minimum of 1 hour of training specifically in procurement ethics, either through courses offered periodically by the Department of Labor, another federal agency's program, or a commercial vendor.
(i) Limitations. Effective May 27, 2004, each COTR appointment made by the contracting officer must clearly state that the representative is not an authorized contracting officer and does not have the authority under any circumstances to:
(1) Award, agree to award, or execute any contract, contract modification, notice of intent, or other form of binding agreement; (2) Obligate, in any manner, the payment of money by the Government;
(3) Make a final decision on any contract matter which is subject to the clause at FAR 52.2331, Disputes; or
(4) Terminate, suspend, or otherwise interfere with the contractor's right to proceed, or direct any changes in the contractor's performance that are inconsistent with or materially change the contract specifications.
(j) Termination. (1) Termination of the COTR's appointment must be made in writing by a contracting officer and must give the effective date of the termination. The contracting officer must promptly modify the contract once a COTR termination notice has been issued. A termination notice is not required when the COTR's appointment terminates upon expiration of the contract.
[[Page 22996]]
(2) COTRs may be terminated for reasons (not an exhaustive listing) such as exceeding their authorities and limitations, conflicts of interest, unethical conduct, failure to perform, reassignment/ resignation/retirement, and upon completion of the contract to which assigned.
(k) Waivers. No individual may serve as a COTR on any contract without the requisite training and signed COTR certificate for the file. In the rare event that there is an urgent requirement for a specific individual to serve as a COTR and the individual has not successfully completed the required training, the HCA may waive the training requirements and authorize the individual to perform the COTR duties.
2901.60372 Administrative procurement management reviews.
(a) The Senior Procurement Executive is responsible for performing administrative procurement reviews for each procurement office in the Department of Labor, except the Office of the Inspector General (OIG). The purpose of these reviews is to audit internal controls to ensure compliance with established procurement law, regulations, policies, procedures and applicable directives. The reviews are to emphasize the development and improvement of managerial controls and best practices. (b) The administrative procurement review system is a threepronged approach that includes selfassessment, statistical data for validation, and flexible quality reviews and assessment techniques. This system is required to:
(1) Evaluate the effectiveness and efficiency of office acquisition systems;
(2) Assess the adequacy of policies, procedures and regulations governing the acquisition process; and
(3) Identify and implement changes necessary to improve the systems.
(c) The Senior Procurement Executive shall establish procurement review procedures, which will focus on:
(1) Conformance with policies of the FAR, DOLAR and the Department of Labor Manual Series 2800 and 2900.
(2) Conformance with federal reporting requirements for the Department of Labor.
(3) Understanding of new departmentwide or governmentwide initiatives (e.g., EProcurement).
(4) Governmentwide procedures established by the Office of Management and Budget.
(d) HCAs are responsible for ensuring contracting activity compliance with law and regulations through the review and oversight process.
Subpart 2901.7Determinations and Findings

2901.707 Signatory authority.

A class justification for other than full and open competition must be approved in writing by the same approval authority as for individual justifications in accordance with FAR 6.304(a). The approval level must be determined by the estimated total value of the class.
PART 2902DEFINITIONS OF WORDS AND TERMS

Authority: 5 U.S.C. 301, 40 U.S.C. 486(c).
Subpart 2.1Definitions
2902.101 Definitions.
(a) Commonly used words and terms are defined in FAR subpart 2.1. This part 2902 gives DOLspecific meanings for some of these words and terms and defines other words and terms commonly used in the DOL acquisition process.
(b) The following words and terms are used as defined in this subpart unless the context in which they are used clearly requires a different meaning, or a different definition is prescribed for a particular part or portion of a part:

Competition Advocate The Competition Advocate for the Department of Labor is appointed by the Assistant Secretary for Administration and Management and is defined in FAR 6.5 and 2906.5. If the appointee is recused from a procurement action, the Assistant Secretary for Administration and Management may designate another official to act in that capacity.

Contracting Activity means an agency or component office within the Department of Labor with specific responsibility for managing contract functions pursuant to one or more warrants signed by the Senior Procurement Executive (or the Office of the Inspector General for its contracting activity).

Contracting Officer's Technical Representative means the individual appointed by the contracting officer to represent the Department of Labor's programmatic interests on a Department of Labor contract, task order, or delivery order. This individual is responsible to the contracting officer for overseeing receipt and acceptance of goods/ services by the Government, reporting on the contractor's performance, and approving/disapproving payment to the contractor. Authority is otherwise limited to giving technical direction to the contractor within the framework of the contract (see 2901.60371). This position may go by other titles, such as: a technical point of contact (TPOC) or Contacting Officer's Representative (COR).

Head of Agency (also called agency head), for the FAR and DOLAR only, means the Assistant Secretary for Administration and Management; except that the Secretary of Labor is the Head of Agency for acquisition actions, which by the terms of a statute or delegation must be performed specifically by the Secretary of Labor; the Inspector General is the Head of Agency in all cases for the Office of the Inspector General. Authority to act as the Head of Agency has been delegated to the Assistant Secretary for Employment and Training and the Assistant Secretary for Mine Safety and Health for their respective agencies. For purposes of the Economy Act (determinations and interagency agreements under FAR 17.5) only, the Employee Benefits Security Administration, Employment Standards Administration, Women's Bureau, Office of the Solicitor, Bureau of Labor Statistics, Office of Disability Employment Policy, and the Occupational Safety and Health Administration are delegated contracting authority.

Head of Contracting Activity (HCA) means the official who has overall responsibility for managing the contracting activity, when the contracting activity has more than one person with a warrant issued by the Senior Procurement Executive. In the Department of Labor the following officials are the HCA for their respective organization: (i) For the Mine Safety and Health Administration, the Director, Administration and Management, MSHA.
(ii) For the Employment and Training Administration, the Director, Office of Grants and Contract Management, ETA.
(iii) For the Office of the Inspector General, the Director, Division of Finance and Administration, OIG.
(iv) For the Bureau of Labor Statistics, the Director, Division of Administrative Services, BLS.
(v) For the Office of the Assistant Secretary for Administration and Management and all other agencies not listed in this definition, the Director, Business Operations Center, OASAM.

Senior Procurement Executive means the Deputy Assistant Secretary for Administration and Management as defined at FAR 2.101.
[[Page 22997]]
PART 2903IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST
Subpart 2903.1Safeguards
Sec.
2903.101 Standards of conduct.
2903.1011 General.
2903.104 Procurement integrity.
2903.1043 Definitions.
2903.1045 Disclosure, protection, and marking of contractor bid or proposal information and source selection information.
2903.1047 Violations or possible violations of standards of conduct.
Subpart 2903.2Contractor Gratuities to Government Personnel 2903.203 Reporting suspected violations of the Gratuities clause. 2903.204 Treatment of violations.
Subpart 2903.6Contracts With Government Employees or Organizations Owned or Controlled by Them
2903.601 Policy.
2903.602 Exceptions.

Authority: 5 U.S.C. 301, 40 U.S.C. 486(c).
Subpart 2903.1Safeguards
2903.101 Standards of conduct.

2903.1011 General.

The statutory prohibitions and their application to DOL personnel are discussed in the Standards of Ethical Conduct for Employees of the Executive Branch, 5 CFR part 2635 and the supplemental DOL standards of conduct, 5 CFR part 5201. All DOL personnel involved in acquisitions must become familiar with these statutory prohibitions. Any questions concerning them must be referred to an Agency Ethics Official in the Office of the Solicitor. In addition to criminal penalties, the statutes provide that transactions entered into in violation of these prohibitions are voidable (18 U.S.C. 218). Any suspected violations must be reported promptly to the Office of the Inspector General. 2903.104 Procurement integrity.

2903.1043 Definitions.

Agency ethics official means the Solicitor or the Associate Solicitor for Legislation and Legal Counsel.
2903.1045 Disclosure, protection, and marking of contractor bid or proposal information and source selection information.
(a) Government employees serving in the following positions are authorized access to proprietary or source selection information, but only to the extent necessary to perform their official duties: (1) Personnel participating in technical evaluation panels (i.e., source selection board) or personnel evaluating an offeror's or bidder's technical or cost proposal under other competitive procedures, and personnel evaluating protests.
(2) Personnel assigned to the contracting office.
(3) The initiator of the procurement request (to include the official having principal technical cognizance over the requirement). (4) Small business specialists.
(5) Personnel assigned to the Office of the Solicitor.
(6) Personnel assigned to the Department of Labor's Division of Cost Determination and the Defense Contract Audit Agency.
(7) Personnel assigned to the Division of Acquisition Management Services.
(8) Members of the Procurement Review Board.
(9) The Office of the Inspector General.
(10) Other Government employees authorized by the contracting officer.
(11) Supervisors, at any level, of the personnel listed in this paragraph (a).
(b) The originator of information that may be source selection information must consult with the contracting officer or the procurement officer, who must determine whether the information is source selection information. DOL personnel responsible for preparing source selection information as defined in FAR 2.101 must assure that the material is marked with the legend in FAR 3.1044 at the time the material is prepared.
(c) Unless marked with the legend ``SOURCE SELECTION INFORMATION SEE FAR 3.1044,'' draft specifications, purchase descriptions, and statements of work could erroneously be released during a market survey in order to determine the capabilities of potential competitive sources (see FAR 7.1 and FAR 10).
2903.1047 Violations or possible violations of standards of conduct. (a) The Senior Procurement Executive is the individual designated to receive the contracting officer's report of violations.
(b) The HCA or designee must refer all information describing an actual or possible violation to the Associate Solicitor for Legislation and Legal Counsel, the Senior Procurement Executive, and Inspector General staff.
Subpart 2903.2Contractor Gratuities to Government Personnel 2903.203 Reporting suspected violations of the Gratuities clause.

Contractor gratuities offered to Government personnel are subject to the restriction under the Standards of Ethical Conduct for Employees of the Executive Branch, 5 CFR part 2635.

2903.204 Treatment of violations.

Any suspected violations of FAR subpart 3.2 and the clause at FAR 52.2033, Gratuities, must be reported to the Office of the Inspector General. The authority to determine whether a violation of the Gratuities clause by the contractor, its agent, or another representative, has occurred and the appropriate remedies are delegated to the HCA.
Subpart 2903.6Contracts With Government Employees or
Organizations Owned or Controlled by Them

2903.601 Policy.

In addition to restrictions placed on current Federal government employees, 18 U.S.C. 207 places some restrictions on contracting with former officers, employees, and elected officials of the executive and legislative branches. Under these prohibitions, contracts with former employees are prohibited for a period of one year from the date of severance of duties, unless an exception is granted as set forth in 2903.602.
2903.602 Exceptions.
(a) In accordance with FAR 3.602, only when there is a most compelling reason to do so, is the Assistant Secretary for Administration and Management authorized to except a contract from the policy in FAR 3.601, after the Procurement Review Board and the agency ethics official have reviewed and recommended approval of the exception. However, when time does not permit, the Assistant Secretary for Administration and Management may unilaterally approve an exception. The exception and information supporting the exception must be provided to the contracting officer for their official records. (b) When an exception under this subpart is requested, it is submitted through the director of the cognizant program office to the HCA. In the procurement request, the director must describe the basis for the exception from the restrictions of FAR 3.601.
(c) Except as allowed in paragraph (a) of this section, the Department of Labor may enter into a negotiated contract or an amendment to an existing contract
[[Page 22998]]
with former employees of DOL within one year of separation (or with firms in which former employees are known to have a substantial interest) only after review and recommendation for approval by the agency ethics official, the Procurement Review Board, and written approval by the Assistant Secretary for Administration and Management. (d) Approval of a decision to grant an exception as provided in this section must be documented by a written findings and determination prepared by the requesting official for signature by the Assistant Secretary for Administration and Management. The determination and findings must document compliance with FAR 3.603, FAR 9.5 and DOLAR 2909.5; specify the compelling reason(s) for award; and be placed in the contract files and the files of the Policy Review Board. PART 2904ADMINISTRATIVE MATTERS
Subpart 2904.8Government Contract Files
Sec.
2904.80070 Contents of contract files.
Appendix A to Part 2904.

Authority: 5 U.S.C. 301, 40 U.S.C. 486(c).
Subpart 2904.8Government Contract Files
2904.80070 Contents of contract files.
(a) The reports listed in appendix A to this part are applicable to the Department of Labor.
(b) HCAs must be responsible for establishing standard contract files for their contracting activities. The HCA must provide one or more representative contract files to the Director, Division of Acquisition Management Services, as requested for comment.
Appendix A to Part 2904 Title of report Reference Date due Submitted to Report of Proposed Federal 29 CFR 1.4............. Annually; 20Aug....... ESA Davis Bacon. Construction*.
Contractor Report of Government FAR Chapter 45;........ Annually; 31Oct....... Business Operations Property*. Center. Major Preference Program Goals and DLMS 2 1000............ By the 20th of each Office of Small Achievements Report*. month. Business Programs. A76 & FAIR Act Inventory............ FAIR ACT & OMB MEMO.... June 30th of each year. Office of Competitive Sourcing. SF 294, Subcontracting Report for FAR Subpart 19.7;...... Semiannually;......... Contracting Officer. Individual Contracts.
SF 294................. April 30; 30Oct....... Office of Small Business Programs. SF 295, Summary Subcontract Report... FAR Subpart 19.7;...... Semiannually March 30; Contracting Officer. September 30. Value Engineering Report*............ OMB Circular A131..... Annually; 7Dec........ Office of Acquisition and Management Support Services. Report on Federal Support to Section 3(a)(7) of the Annually; O/A 15May... Upon request From Universities, Colleges, and National Science National Science Nonprofit Institutions. Foundation (NSF) Act. Foundation. Procurement Forecast Initial and Pub. L. 100656;....... Sept 15 (Init.) and Apr Division of Acquisition Update. 15 (Update). Management Services. For those reports with an (*), if there was no activity for the period being reported, a negative response for the period must be submitted to the requisitioning office. SUBCHAPTER BACQUISITION PLANNING
PART 2905PUBLICIZING CONTRACT ACTIONS
Subpart 2905.1Dissemination of Information
Sec.
2905.101 Methods of disseminating information.
Subpart 2905.2Synopsis of Proposed Contract Actions
2905.202 Exceptions.
Subpart 2905.4Release of Information
2905.402 General public.
2905.403 Requests from Members of Congress.
2905.404 Release procedures.
Subpart 2905.5Paid Advertisements
2905.501 Scope.
2905.502 Authority.
2905.503 Procedures.

Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Subpart 2905.1Dissemination of Information

2905.101 Methods of disseminating information.

Contracting officers may only use the Government Point of Entry (GPE) for synopsis and dissemination of information concerning procurement actions. The Division of Acquisition Management Services manages the DOL account.
Subpart 2905.2Synopsis of Proposed Contract Actions

2905.202 Exceptions.

The Assistant Secretary for Administration and Management 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 must be submitted by the HCA for appropriate action including communication with the officials listed in FAR 5.202(b).
Subpart 2905.4Release Of Information
2905.402 General public.
(a) Unless the HCA determines that disclosure would be prejudicial to the interests of DOL, if a list of interested parties is collected in reference to a solicitation, it may be released upon request. (b) Any request for release of information is subject to the Freedom of Information Act and FAR 24.2.

2905.403 Requests from Members of Congress.

All proposed responses to Congressional inquiries must be prepared and forwarded for coordination with the Office of the Solicitor and the Office of Congressional and Intergovernmental Affairs to determine whether circumstances exist that will allow the release of additional information. In such instances, the Congressional requestor must be furnished an interim reply providing the
[[Page 22999]]
information that is releasable. The interim reply must describe the problem that precludes release of any requested materials and describe generally what steps, if any, are being taken to make such information available.

2905.404 Release procedures.

HCAs are authorized to release longrange acquisition estimates under the conditions in FAR 5.4041.
Subpart 2905.5Paid Advertisements

2905.501 Scope.

This subpart provides policies and procedures for the procurement of paid advertising as covered by 5 U.S.C. 302, and 44 U.S.C. 3701, 3702, and 3703.

2905.502 Authority.

When it is deemed necessary to use paid advertisements in newspapers and trade journals, written authority for such publication may be obtained from the HCA or designee.
2905.503 Procedures.
(a) Prior to obtaining HCA approval, an agency should seek legal review to determine whether it has appropriate legal authority for advertising. The HCA exercising the authority delegated by 2905.502 must do so in accordance with the procedures set forth in FAR 5.503 and those in this section.
(b) Requests for procurement of advertising must be accompanied by written authority to advertise or publish which sets forth justification and includes the names of newspapers or journals concerned, frequency and dates of proposed advertisements, estimated cost, and other pertinent information.
PART 2906COMPETITION REQUIREMENTS
Subpart 2906.3Other Than Full and Open Competition
Sec.
2906.301 Policy.
2906.303 Justifications.
Subpart 2906.5Competition Advocates
2906.501 Requirement.

Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Subpart 2906.3Other Than Full and Open Competition
2906.301 Policy.
(a) Department of Labor acquisitions must comply with the Department of Labor Manual Series (DLMS) 2, Chapter 830 (available by mail from the Director, Division of Acquisition Management Services, 200 Constitution Ave., NW., Washington, DC 202100001), or
electronically from http://www. dol. gov/ oasam/ programs/ boc/ prb. htm. Any proposed noncompetitive acquisition in excess of the simplified acquisition threshold must be fully justified and, if required by the DLMS, submitted to the DOL Procurement Review Board and approved by the Assistant Secretary for Administration and Management and, in the case of research and development contracts, also by the Assistant Secretary for Policy.
(b) With the exception of contracts for advisory and assistance services or for research and development, the contracting officer has the authority below the simplified acquisition threshold to approve sole source contracts. The contracting officer is responsible for assuring that proposed acquisitions below the simplified acquisition threshold are in compliance with FAR and DOLAR requirements regarding competition.

2906.303 Justifications.

The authority of the agency head to determine that only specified make and models of technical equipment will satisfy the agency's need under FAR 6.3021 is delegated to the HCA.
Subpart 2906.5Competition Advocate

2906.501 Requirement.

The Assistant Secretary for Administration and Management must appoint a Competition Advocate for the Department of Labor. The appointment will be predicated on an understanding of the competition requirements in the FAR, and particularly small business programs. PART 2907ACQUISITION PLANNING
Subpart 2907.1Acquisition Plans
Sec.
2907.105 Contents of written acquisition plans.
2907.107 Additional requirements for acquisitions involving bundling.
Subpart 2907.3Contractor Versus Government Performance
02907.300 Availability of inventory.

Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Subpart 2907.1Acquisition Plans

2907.105 Contents of written acquisition plans.

The Department of Labor has implemented its acquisition planning system in compliance with FAR 7.1 and internal procedures provided in DLMS 2 section 834. The annual forecast is available for review from: http://www. apps. dol. gov/ contract grant/ index. htm. 2907.107 Additional requirements for acquisitions involving bundling.

The FAR requirements for justification, review, and approval of bundling of contract requirements also apply to an order from a Federal Supply Schedule contract, Governmentwide acquisition contracts, or other indefinitedelivery contracts if the requirements consolidated under the order meet the definition of ``bundling'' at FAR 2.101. Subpart 2907.3Contractor Versus Government Performance

2907.300 Availability of inventory.

The Department of Labor's FAIR Act inventory of commercial activities performed by federal employees and inherently governmental functions may be accessed on the Internet at: http://www.dol.gov under ``Doing Business with DOL''.
PART 2908REQUIRED SOURCES OF SUPPLIES AND SERVICES
Subpart 2908.4Federal Supply Schedules
Sec.
2908.404 Using schedules.

Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Subpart 2908.4Federal Supply Schedules

2908.404 Using schedules.

Small business considerations, procedures regarding both prime and subcontracting, and clearances specified in DOLAR 2919 apply to GSA Federal Supply Schedule Orders above the simplified acquisition threshold. Procedures to be followed may be modified by the Office of Small Business Program as appropriate in order to comply with GSA Federal Supply Schedule procedures (e.g., first tier contracts may be required to report their commercial subcontracting goals to the DOL Office of Small Business Programs).
PART 2909CONTRACTOR QUALIFICATIONS
Subpart 2909.1Responsible Prospective Contractors
Sec.
2909.105 Procedures.
Subpart 2909.4Debarment, Suspension, And Ineligibility
2909.402 Policy.
2909.405 Effect of listing.
2909.4051 Continuation of current contracts.
2909.406 Debarment.
2909.4061 General.
2909.4063 Procedures.
2906.407 Suspension.
[[Page 23000]]
2909.4071 General.
Subpart 2909.5Organizational and Consultant Conflicts of Interest 2909.503 Waiver.
2909.506 Procedures.

Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Subpart 2909.1Responsible Prospective Contractors

2909.105 Procedures.

Before awarding a contract, the contracting officer must make a written determination of the otherwise successful bidder's/offeror's responsibility in accordance with FAR 9.105. In addition to past performance information, the contracting officer must insure that the proposed contractor, and any subcontractor representing more than $25,000 in goods or services, does not appear in the ``List of Parties Excluded from Federal Procurement'' (available on the Internet at http://www.epls.gov). In addition, contracting officers should base their determination of contractor responsibility on a review of the company's ``Summary or Financial Report'' from Dun & Bradstreet (available on the Internet for a fee at http://www. dnb. com/). Subpart 2909.4Debarment, Suspension, and Ineligibility
2909.402 Policy.
(a) 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. This subpart does not apply to Department of Labor debarments or suspensions issued for DavisBacon Act and DavisBacon Related Act violations, Service Contract Act violations, Affirmative Action/Equal Employment Opportunity violations, or violations under other statutes administered by the Department of Labor.
(b) Contracting activity officials shall have the following responsibilities. (1) Heads of contracting activity (HCA) shall: (i) Provide an effective system to ensure that contracting staffs consult the ``List of Parties Excluded from Federal Procurement and Nonprocurement Programs'' at http://epls. arnet. gov/ before soliciting offers, awarding or extending contracts, or consenting to subcontract. (ii) Consider debarment or suspension of a contractor when cause, as defined under FAR 9.4062 for debarment and FAR 9.4072 for suspension, is shown. Contracting officers should consult with their appropriate legal counsel before making a decision to initiate debarment or suspension proceedings. If a determination is made that available facts do not justify beginning debarment or suspension proceedings, the file should be documented accordingly. This determination is subject to reconsideration if warranted by new information.
(iii) When the decision is made to initiate debarment and/or suspension of a contractor, the Senior Procurement Executive must prepare a notice in accordance with FAR 9.4063(c) or FAR 9.4073(c). The draft notice, along with the administrative file containing all relevant facts and analysis, must be forwarded to the Senior Procurement Executive, as the debarring and suspending official, following review by the activity's legal counsel.
(2) The Senior Procurement Executive shall:
(i) Review the notice an

FOR FURTHER INFORMATION CONTACT

Lawrence Murphy, Procurement Analyst, Division of Acquisition Management Services, telephone (202) 6937285 or by email (OASAM Regcomments@dol. gov).

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