Part CHAPTER 99 Cost Accounting Standards Board, … · CHAPTER 99—Cost Accounting Standards...

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48 CFR Ch. 29 (10–1–01 Edition)

PartCHAPTER 99—Cost Accounting Standards Board, Office of

Federal Procurement Policy, Office of Management andBudget ................................................................................ 9900

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CHAPTER 29—DEPARTMENT OF LABOR(Parts 2900 to 2999)

SUBCHAPTER A—GENERAL

Part Page2901 Department of Labor Acquisition Regulation Sys-

tem ....................................................................... 52902 Definitions of words and terms ............................... 162903 Improper business practices and personal conflicts

of interest ............................................................. 162904 Administrative matters .......................................... 18

SUBCHAPTER B—ACQUISITION PLANNING

2905 Publicizing contract actions ................................... 192906 Competition requirements ...................................... 202907 Acquisition planning ............................................... 202908 Required sources of supplies and services ............... 212909 Contractor qualifications ........................................ 212910 Specifications, standards, and other purchase de-

scriptions ............................................................. 23

SUBCHAPTER C—CONTRACTING METHODS AND CONTRACT TYPES

2913 Small purchase and other simplified purchase pro-cedures ................................................................. 25

2914 Sealed bidding ......................................................... 262915 Contracting by negotiation ..................................... 272916 Types of contracts ................................................... 292917 Special contracting methods ................................... 29

SUBCHAPTER D—SOCIOECONOMIC PROGRAMS

2919 Small business and small disadvantaged businessconcerns ............................................................... 31

2920 Labor surplus area concerns ................................... 352922 Application of labor laws to Government acquisi-

tions ..................................................................... 362923 Environment, conservation, and occupational safe-

ty .......................................................................... 372924 Protection of privacy and freedom of information 38


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48 CFR Ch. 29 (10–1–01 Edition)

2925 Foreign acquisition ................................................. 38

SUBCHAPTER E—GENERAL CONTRACTING REQUIREMENTS

2928 Bonds and insurance ................................................ 412929 Taxes ....................................................................... 412930 Cost accounting standards ...................................... 412931 Contract cost principles and procedures ................. 412932 Contract financing .................................................. 412933 Protests, disputes, and appeals ............................... 43

SUBCHAPTER F—SPECIAL CATEGORIES OF CONTRACTING

2935 Research and development contracting .................. 462936 Construction and architect-engineer contracts ...... 462937 Service contracting ................................................. 48

SUBCHAPTER G—CONTRACT MANAGEMENT

2942 Contract administration ......................................... 502943 Contract modifications ........................................... 502945 Government property .............................................. 512948 Value engineering ................................................... 522949 Termination of contracts ........................................ 522951 Use of Government sources by contractors ............. 52

SUBCHAPTER H—CLAUSE AND FORMS

2952 Solicitation provisions and contract clauses .......... 542953 Forms ...................................................................... 54


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SUBCHAPTER A—GENERAL

PART 2901—DEPARTMENT OFLABOR ACQUISITION REGULA-TION SYSTEM

Subpart 2901.1—Regulation System

Sec.2901.100 Scope of subpart.2901.101 Purpose.2901.102 Authority.2901.103 Applicability.2901.103–70 Exclusions.2901.104 Issuance.2901.104–1 Publication and code arrange-

ment.2901.104–2 Arrangement of regulations.2901.104–3 Copies.

Subpart 2901.2—Administration

2901.201 Maintenance of the FAR.2901.201–1 The Civilian Agency Acquisition

Council.

Subpart 2901.3—Agency AcquisitionRegulations

2901.301 Policy.2901.302 Limitations.2901.303 Codification and public participa-

tion.2901.304 Agency control and compliance pro-

cedures.

Subpart 2901.4—Deviations From the FARand DOLAR

2901.403 Individual deviations.2901.404 Class deviations.2901.405 Deviations pertaining to treaties

and executive agreements.

Subpart 2901.6—Contracting Authority andResponsibilities

2901.601 General.2901.602 Contracting officers.2901.602–1 Authority.2901.603 Selection, appointment, and termi-

nation of appointment.2901.603–1 General.2901.603–70 Modification of appointment.2901.603–71 Ratification of unauthorized

contract awards.2901.603–72 Responsibility of other Govern-

ment personnel.2901.603–73 Contracting officer’s representa-

tives.2901.603–74 Legal review and assistance.

AUTHORITY: 5 U.S.C. 301; 40 U.S.C. 486(c).

SOURCE: 50 FR 8914, Mar. 5, 1985, unless oth-erwise noted.

Subpart 2901.1—RegulationSystem

2901.100 Scope of subpart.

This subpart sets forth introductoryinformation pertaining to the Depart-ment of Labor Acquisition Regulation,referred to as the DOLAR. This subpartexplains the relationship of the DOLARto the Federal Acquisition Regulation(FAR) and explains the DOLAR’s pur-pose, authority, applicability, exclu-sions, and issuance.

2901.101 Purpose.

(a) This subpart establishes chapter29, the Department of Labor Acquisi-tion Regulation, within title 48, theFederal Acquisition Regulations Sys-tem, of the Code of Federal Regula-tions.

(b) The purpose of the DOLAR is toimplement the FAR, where further im-plementation is needed, and to supple-ment the FAR when coverage is neededfor subject matter not covered in theFAR. The DOLAR is not by itself acomplete document as it must be usedin conjunction with the FAR.

2901.102 Authority.

The DOLAR and amendments theretoare issued by the Procurement Execu-tive pursuant to a delegation from theSecretary in accordance with the au-thority of DOL Temporary RegulationNumber 44, dated February 18, 1983, inaccordance with section 1 of the Act ofMarch 4, 1913 (29 U.S.C. 551, 37 Stat.736), as amended; 5 U.S.C. 301, and theFederal Property and AdministrativeServices Act of 1949, as amended, andother applicable law.

2901.103 Applicability.

The FAR and DOLAR apply to allDOL acquisitions of supplies and serv-ices which obligate appropriated fundsunless otherwise specified in this regu-lation.

2901.103–70 Exclusions.

Certain DOL policies and procedureswhich might otherwise come within


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48 CFR Ch. 29 (10–1–01 Edition)2901.104

the scope of this regulation may be ex-cluded from the DOLAR where there isappropriate justification, such as:

(a) Subject matter that is proceduralin nature and internal to the operationof the Department. These matters arecontained in the Department of LaborManual Series (DLMS).

(b) Instructional or training materialthat more fully explains matters cov-ered in the FAR and DOLAR.

(c) Unless otherwise specifically stat-ed, subject matter which deals with as-sistance programs where the award in-struments are other than acquisitioncontracts. Administrative require-ments governing all grants and agree-ments by which Department of Laboragencies award funds to State and Fed-eral Governments, Indian and NativeAmerican entities, public and privateinstitutions of higher education andhospitals, and other quasi-public andprivate nonprofit organizations arecodified separately at part 29–70 of title41 of the Code of Federal Regulations.

2901.104 Issuance.

2901.104–1 Publication and code ar-rangement.

(a) The DOLAR and its subsequentchanges are published when issued indaily issues of the FEDERAL REGISTERand in cumulative form in the Code ofFederal Regulations.

(b) The DOLAR is issued as chapter29 of title 48 of the Code of FederalRegulations.

2901.104–2 Arrangement of regula-tions.

(a) General. The DOLAR is dividedinto the same parts, subparts, sections,subsections and paragraphs as is theFAR. However, when the FAR coverageis adequate by itself, there will be nocorresponding DOLAR part, subpart,etc.

(b) Numbering. Where DOLAR imple-ments the FAR, the implementingpart, subpart, section or subsection ofthe DOLAR will be numbered and cap-tioned, to the extent feasible, the sameas the FAR part, subpart, section orsubsection being implemented exceptthat the implementation will be pre-ceded with a 29 or a 290 such that therewill always be four numbers to the left

of the first decimal. For example, theDOLAR implementation of FAR 1.104–1is shown as 2901.104–1 and DOLAR im-plementation of FAR subpart 24.1 isshown as subpart 2924.1. Material whichsupplements the FAR will be assignedthe numbers 70 and up. For example,DOL regulations governing appoint-ment and termination of appointmentof contracting officers’ representativesis identified as 2901.603–70.

(c) References and citations. (1) Thisregulation may be referred to as theDepartment of Labor Acquisition Reg-ulation or the DOLAR.

(2) References to FAR materialswithin this regulation will includeFAR and the identifying number, forexample, FAR 1.104–2(c)(2). Referencesto DOLAR materials within the regula-tion will simply cite the identifyingnumber, for example, 2901.104–2(c)(2).

2901.104–3 Copies.

Copies of the DOLAR published inthe FEDERAL REGISTER or Code of Fed-eral Regulations may be purchasedfrom the Superintendent of Docu-ments, Government Printing Office,Washington, DC 20402. Requests shouldreference the DOLAR as chapter 29 oftitle 48. The Code of Federal Regula-tions is printed in paperback editionwith updates as needed, and revised asof October 1 of each year. Requests forthe CFR version of the DOLAR shouldreference chapter 29 of title 48.

Subpart 2901.2—Administration

2901.201 Maintenance of the FAR.

2901.201–1 The Civilian Agency Acqui-sition Council.

(a) The Department of Labor shall berepresented on the Civilian Agency Ac-quisition Council by a staff member ofthe Office of Procurement and GrantPolicy, Directorate of Procurementand Grant Management, Office of theAssistant Secretary for Administrationand Management, appointed for thatpurpose by the Director, Directorate ofProcurement and Grant Management.


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Department of Education 2901.304

(b) The Office of Procurement andGrant Policy will be responsible for co-ordination with all interested DOL ele-ments regarding proposed FAR revi-sions and advocating revisions soughtby DOL.

Subpart 2901.3—AgencyAcquisition Regulations

2901.301 Policy.(a) The Department of Labor Acquisi-

tion Regulation (DOLAR) System con-sists of policies, procedures and regula-tions which implement or supplementthe FAR at specific levels within theDepartment of Labor. The Federal Ac-quisition Regulation (FAR) and theDOLAR System govern the contractingprocess and control contracting rela-tionships between contractors and theDepartments’ agencies and offices.

(b) The DOLAR is issued pursuant tothe authority of the Secretary of Laborunder 5 U.S.C. 301, 29 U.S.C. 551, 40U.S.C. 486(c), and other authority spe-cifically stated, and is subject to theoverall authority of the Administratorof General Services. See FAR1.301(c)(3).

2901.302 Limitations.DOLAR System issuances are limited

to:(a) Published, codified, Department-

wide regulations which implement orsupplement FAR policies and proce-dures and which affect organizations orindividuals seeking to contract withthe Department;

(b) Published, codified, lower-levelregulations of agencies and officeswhich contain additional policies andprocedures that supplement the FARto satisfy the specific and unique needsof the agency or office.

2901.303 Codification and public par-ticipation.

(a) Published issuances under theDOLAR are codified under chapter 29 intitle 48, Code of Federal Regulationsand parallel the FAR in format, ar-rangement and numbering system.

(b) Regulations codified under chap-ter 29 are limited to those affecting pri-vate or public, profit or not for profitconcerns, organizations or individualsdesiring to enter into contracts with

the Department. Public participationprocedures used in the promulgation ofcodified regulations under the DOLARSystem will follow procedures of FARsubpart 1.5.

2901.304 Agency control and compli-ance procedures.

(a) The DOLAR System is under thedirect oversight and control of the Di-rector, Directorate of Procurement andGrant Management. Procedures for re-view and approval of issuances underthe DOLAR System comply with FARsubparts 1.3 and 1.4. These proceduresare contained in 2901.6.

(b) DOLAR System issuances shallcomply with the restrictions in FAR1.304(b) and the limitations in 2901.302.DOL Agencies and offices may imple-ment or supplement the FAR orDOLAR with internal instructions notapplicable DOL-wide. Additionally,they may request publication in theDOLAR of procurement instructionsand other procurement material con-sidered of interest to the general pub-lic. Such instructions shall not dupli-cate higher-level coverage and shall benumbered in accordance with FAR1.104–2 except that the numbers pre-scribed there and in 2901.104–2 shall besuffixed by the alphabetic abbreviationor other symbol of the respective Agen-cy issuing the instructions. Each DOLAgency and office shall establish, atthe headquarters level, review and ap-proval procedures for maintainingoversight and control of all DOLARSystem issuances for their respectiveAgency or office. These proceduresshall include methods to prevent un-necessary duplication of higher-levelcoverage; ensure consistency and uni-formity among issuances; control thenumber of directives issued; update di-rectives; and distribute copies.

(c) DOL Agencies and offices shallsubmit all proposed instructions andmaterials that implement or supple-ment the DOLAR to the Director, Di-rectorate of Procurement and GrantManagement, for review in conjunctionwith the Solicitor prior to their publi-cation. All issuances, whether or notpublished as a part of the DOLAR Sys-tem, shall be submitted for review. Inthe case of internal procurement in-structions, the purpose of the review is


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48 CFR Ch. 29 (10–1–01 Edition)2901.403

to ascertain that such instructions areconsistent with the FAR and theDOLAR and that they do not containinformation which should be issued asthe DOLAR.

Subpart 2901.4—Deviations Fromthe FAR and DOLAR

2901.403 Individual deviations.

(a) The Director, Directorate of Pro-curement and Grant Management, isauthorized to approve deviations fromFAR provisions (see FAR 1.403) orDOLAR provisions which affect onlyone contracting action.

(b) Requests for deviations underparagraph (a) of this section shall besubmitted by the head of the con-tracting activity and include justifica-tion as to why the deviation is re-quired.

(c) A copy of the approved deviationshall be included in the contract file.

2901.404 Class deviations.

(a) The Director, Directorate of Pro-curement and Grant Management, isauthorized to approve class deviationsof FAR or DOLAR provisions which af-fect more than one contracting action.

(b) Requests for deviations underparagraph (a) of this section, shall besubmitted by the head of the con-tracting activity and include justifica-tion as to why the deviation is requiredand the number of contracting actionswhich will be affected.

(c) A copy of each approved class de-viation shall be referenced in the con-tract file.

(d) Recommended revisions to theFAR and a copy of each approved classFAR deviation shall be transmitted tothe FAR Secretariat by the Director,Directorate of Procurement and GrantManagement, as required in FAR 1.404.

2901.405 Deviations pertaining to trea-ties and executive agreements.

(a) The Director, Directorate of Pro-curement and Grant Management, isresponsible for transmitting to theFAR Secretariat the information re-quired in FAR 1.405 (d) and (e).

Subpart 2901.6—ContractingAuthority and Responsibilities

2901.601 General.This subpart deals with contracting

authority and responsibilities of thehead of the agency as defined in 2901.1and 2902.1, FAR subpart 1.6 and thissubpart.

2901.602 Contracting officers.

2901.602–1 Authority.Information on the limits of con-

tracting officers’ authority shall bemaintained by the head of each con-tracting activity as required in FAR1.601–1. The Directorate of Procure-ment and Grant Management shall alsomaintain this information.

2901.603 Selection, appointment, andtermination of appointment.

2901.603–1 General.(a) First tier delegation. The Assistant

Secretary for Administration and Man-agement (ASAM), acting through theProcurement Executive, is the chief de-partmental official for all acquisitionand grant matters as outlined in Sec-retary’s Order 4–76, for:

(1) Prescribing policies, procedures,and standards regarding the solicita-tion, award, and administration of allDOL acquisitions and grants for finan-cial assistance (e.g., cooperative agree-ments, grants, and similar instru-ments) obligating Federal funds for thepurpose of:

(i) Obtaining property and servicesfor the DOL and/or third parties.

(ii) Promoting DOL programs and ob-jectives through financial assistance.

(2) Acquiring property and servicesfor the United States Governmentunder Title I of the Federal Propertyand Administrative Services Act of 1949(63 Stat. 379).

(3) Establishing reporting require-ments necessary for effective depart-mental acquisitions and grant manage-ment and for complying with dataneeds promulgated by the Office ofManagement and Budget (OMB), theGeneral Services Administration(GSA), the General Accounting Office(GAO), and other agencies. This in-cludes the SF–1099 report, ‘‘Income


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Department of Education 2901.603–1

Other Than Wages,’’ and ‘‘Federal Pro-curement Data System’’ (FPDS) and‘‘Federal Assistance Award Data Sys-tem’’ (FAADS) input.

(b) In the Department of Labor, con-tracting officer and grant officer au-thority and responsibility have beendelegated from the Secretary of Laborthrough the Assistant Secretary forAdministration and Management(ASAM) to the following officials or of-ficers acting in their behalf:

(1) The Assistant Secretary for Em-ployment and Training.

(2) The Assistant Secretary for Occu-pational Safety and Health.

(3) The Deputy Under Secretary forEmployment Standards.

(4) The Assistant Secretary for MineSafety and Health.

(5) The Deputy Under Secretary forInternational Affairs.

(6) The Commissioner of Labor Sta-tistics.

(7) The Inspector General.(8) The Regional Administrators—

OASAM.(9) The Director, National Capital

Service Center, OASAM.(c) Delegations and limitations. Subject

to the limitations set forth in thisparagraph and paragraph (g), the offi-cials designated in paragraph (b) pos-sess full authority to obligate the U.S.Government through the use of con-tracts, agreements, orders, grants, and/or other similar instruments. This au-thority includes obligating Federalfunds for the purpose of obtaining prop-erty and services for the governmentand/or third parties, or for the purposeof promoting DOL programs or objec-tives through financial assistance.Each official designated in paragraph(b) (except the Inspector General), isdelegated authority and responsibilityfor issuing purchase orders for pur-chases under GSA Federal SupplySchedules, FEDSTRIP, and from open-market sources not to exceed the smallpurchases limitation. Acquisition oftypewriters, office copiers, adding ma-chines, and calculators must be writtenagainst blanket purchase orders main-tained for such equipment by the Na-tional Capital Service Center, OASAM.Acquisitions of copier equipment re-quire prior approval of the Directorateof Administrative Services and Safety

and Health Programs. Paragraph (g)(2)outlines limitations on the purchase,lease and renewal of lease(s) of ADPequipment, software and services. Ap-proval authority for competitive acqui-sition of consulting and related serv-ices costing less than $50,000 cannot beredelegated by the head of the con-tracting activity. Other delegations inthis section may be further redelegatedby the designated officials within theirareas of assigned responsibility, exceptthat small purchase authority dele-gated to the Assistant Secretary forEmployment and Training, the Assist-ant Secretary for Occupational Safetyand Health, the Deputy Under Sec-retary for Employment Standards, andthe Commissioner of Labor Statisticsis limited to the National Office onlyand may not be redelegated to the Re-gional Offices. Before issuing redelega-tions, contracting officers should con-sider the following factors to deter-mine the extent to which authorityshall be redelegated:

Volume of contracting programs;presence of, or capability of obtainingadequately trained personnel; consoli-dation of smaller contracting programsand offices on a geographical basis; andthe overall strengthening of the acqui-sition process by the selection of quali-fied personnel. Criteria for selection,appointment and termination of Con-tracting/Grant Officers are containedin the Department of Labor Manual Se-ries (DLMS–2) Chapter 800. Copies ofthe DLMS Chapter may be obtainedupon written request from the Office ofProcurement and Grant Policy, Direc-torate of Procurement and Grant Man-agement, Office of the Assistant Sec-retary for Administration and Manage-ment, U.S. Department of Labor, 200Constitution Avenue, NW., Wash-ington, DC 20210. An information copyof every further redelegation must befurnished to the OASAM, Directorateof Procurement and Grant Manage-ment.

(d) Responsibilities. The following re-delegations are made subject to the re-quirements and exceptions outlined inparagraph (g) regarding prior approvalrequirements and the limitations onauthority to issue purchase orders andcontracts for the purchase, lease andrenewal of lease(s) for ADP equipment,


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48 CFR Ch. 29 (10–1–01 Edition)2901.603–1

software and services; and acquisitionof consulting and related services.

(1) The Assistant Secretary for Em-ployment and Training, or an officeracting in that capacity, is delegatedauthority and responsibility for:

(i) Obtaining all program propertyand services required to fulfill the stat-utory and regulatory responsibilitiesimposed on the Assistant Secretary forEmployment and Training.

(ii) Approval of all grantee acquisi-tions of ADP equipment, software andservices using grants-in-aid to Stateand local governments.

(iii) Establishing and maintaining animprest fund.

(2) The Assistant Secretary for Occu-pational Safety and Health, or an offi-cer acting in that capacity, is dele-gated authority and responsibility for:

(i) Issuance of grant agreements withStates as required under the statutoryand regulatory requirements imposedon the Assistant Secretary for Occupa-tional Safety and Health.

(ii) Reimbursements to States, pursu-ant to section 7(c)(1) of the Occupa-tional Safety and Health Act of 1970(OSH Act of 1970) (29 U.S.C. 656(c)(1))for State services, facilities, and per-sonnel used to carry out the statutoryand regulatory responsibilities imposedon the Assistant Secretary for Occupa-tional Safety and Health.

(iii) Issuance of grants, pursuant tosection 21(b) of the OSH Act of 1970 (29U.S.C. 670(b)) for short term training ofpersonnel.

(iv) Issuance of grants to nonprofitorganizations for implementation ofthe expanded Employer-EmployeeTraining Program under section 21(c)of the OSH Act of 1970 (29 U.S.C. 670(c)).

(3) The Deputy Under Secretary forEmployment Standards, or an officeracting in that capacity, is delegatedauthority and responsibility for:

(i) Entering into agreements withStates to enhance Federal/State coop-erative efforts for the administrationof comparable employment standardsprograms.

(ii) Procuring medical services nec-essary for the adjudication of claimsfor injury and occupational diseasefiled by Federal employees in accord-ance with the Federal Employees Com-pensation Act (5 U.S.C. 8101, et seq.) and

the Federal Coal Mine Health and Safe-ty Act of 1969, as amended (Pub. L. 91–173, 83 Stat. 742).

(4) The Assistant Secretary for MineSafety and Health, or an officer actingin that capacity, is delegated authorityand responsibility for:

(i) Acquisition of all program prop-erty and services required to fulfill thestatutory and regulatory responsibil-ities imposed on the Assistant Sec-retary for Mine Safety and Health.

(ii) Issuing grants as required by theMine Safety and Health Act of 1977 (30U.S.C. 801 et seq.).

(iii) The purchase, lease, or renewalof lease(s) of ADP equipment, softwareand services costing $100,000 or lesswithout prior approval of the Direc-torate of Information Resources Man-agement (DIRM), OASAM. Require-ments shall not be fragmented in orderto circumvent this $100,000 threshold.ADP equipment, software or servicescosting more than $100,000 require priorapproval of DIRM. Prior approval ofDIRM for ADP equipment, software, orservices costing less than $100,000 isalso required when costs involved ex-ceed GSA blanket delegation thresh-olds granted under FIRMR 201–23.104.

(5) The Deputy Under Secretary forInternational Affairs, or an officer act-ing in that capacity, is delegated au-thority and responsibility for:

(i) Acquisition of supplies and serv-ices required in support of training andorientation of foreign nationals.

(ii) Acquisition of supplies and serv-ices required in support of overseas ex-hibitions required under statutory andregulatory responsibilities imposed onthe Deputy Under Secretary for Inter-national Affairs.

(iii) International responsibilitiesnot funded by an annual appropriation.

(6) The Commissioner of Labor Sta-tistics, or an officer acting in that ca-pacity, is delegated authority and re-sponsibility for:

(i) Acquisition of supporting statis-tical economic research services, re-quired under the statutory and regu-latory responsibilities imposed on theCommissioner of Labor Statistics.

(ii) Selling special statistics devel-oped by the Bureau of Labor Statisticsin accordance with the Act of April 13,1934 (29 U.S.C. 9 et seq.).


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(7) The Inspector General, or an offi-cer acting in that capacity, is dele-gated authority and responsibility forcontracting with State and local agen-cies for audit services in accordancewith section 4 of the Federal Grant andCooperative Agreement Act of 1977 (41U.S.C. 503).

(8) The Regional Administrators—OASAM, or officers acting in that ca-pacity, are delegated authority and re-sponsibility within their respective re-gions, for:

(i) The acquisition of property andservices required for the Regional Of-fices, including all imprest fund pur-chases, GSA Federal Supply Schedulepurchases, and open-market purchases.The acquisition of records equipmentwhen the cost does not exceed thesmall purchases limitation for a singlesystem. Purchases for typewriters, of-fice copiers, adding machines, and cal-culators must be written against blan-ket purchase orders maintained forsuch equipment by the National Cap-ital Service Center, OASAM. The pur-chase of copier equipment requiresprior approval of the Directorate of Ad-ministrative Services and Safety andHealth Programs.

(ii) Contracting for ADP operationalservices to support regional remote jobentry capabilities. This authority doesnot include the purchase, lease, or re-newal of lease(s) for ADP equipment orsoftware. Prior approval of ADP oper-ational services is required from DITwhenever a Delegation of ProcurementAuthority (DPA) or sharing clearanceis required from the General ServicesAdministration (GSA).

(9) The Director, National CapitalService Center, OASAM, or an officeracting in that capacity, is delegatedauthority and responsibility for acqui-sition of all property and services onbehalf of DOL activities except forthose contracting and grant respon-sibilities designated above. This in-cludes (except for the Mine Safety andHealth Administration (MSHA)) acqui-sition authority for the purchase,lease, and renewal of lease(s) of allADP equipment, software and all ADPservices where Agencies have obtainedprior approval from the Directorate ofInformation Resources Management(DIRM), OASAM, as appropriate.

(e) Compliance responsibilities. Each of-ficial designated in paragraph (b) is re-sponsible for:

(1) Complying with the policies, pro-cedures and reporting requirements es-tablished by the ASAM.

(2) Complying with the policies, pro-cedures and other requirements pre-scribed by OMB, GSA, and other cen-tral agencies, and such implementinginstructions as the Department mayissue. This specifically includes com-petition for services and products with-in the small purchases limitation andrestrictions on the use of consultantcontracts, audiovisual productions, etc.

(3) Within the limitations specified inthis subpart, obtaining all propertyand services required to fulfill the stat-utory and regulatory responsibilities ofthe Agency or Office.

(f) Policy responsibilities. The fol-lowing officials have acquisition policyresponsibilities within the DOL:

(1) The Director, Directorate of Pro-curement and Grant Management,OASAM, or an officer acting in that ca-pacity, is responsible for:

(i) Developing and publishing guide-lines, policies, and regulations for DOLacquisition and grant operations.

(ii) Reviewing and evaluating admin-istrative procedures for DOL acquisi-tion and grant operations.

(iii) Providing technical advice andassistance to those DOL officials andofficers with acquisition and grant re-sponsibilities. This includes inter-preting the Federal Acquisition Regu-lations and the Department of LaborAcquisition Regulations and obtaininglegal advice and assistance from theSolicitor of Labor as required.

(iv) Providing continuous coordina-tion with appropriate DOL and FederalAgencies to ensure compliance withprocurement and grant regulations.

(v) Providing technical advice andsupport to the ASAM in complyingwith the reporting requirements out-lined in paragraph (a)(3).

(2) The Director, Directorate of Infor-mation Resources Management(DIRM), OASAM, or an officer acting inthat capacity, is responsible for:

(i) Reviewing and providing prior ap-proval for the purchase, lease or re-newal of lease(s) of ADP equipment,software and services costing $100,000


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48 CFR Ch. 29 (10–1–01 Edition)2901.603–1

or more (the purchase price is to beused to determine inclusion in thisparagraph regardless of whether theitem is to be purchased or leased) andfor all ADP services. Requirementsshall not be fragmented in order to cir-cumvent this $100,000 threshold. Re-views involving lower amounts will bemade when costs involved exceed GSAblanket delegation thresholds grantedunder FIRMR 201–23.104.

(ii) Providing oversight, includingperiodic system reviews, to promote ef-ficient and effective management of in-formation technology resources.

(iii) Reviewing ADP procurement re-quests for compliance with procure-ment policies, standards, and regula-tions.

(iv) Representing DOL and agenciesin DOL in liaison with GSA and OMBon ADP matters.

(v) Developing and publishing poli-cies and guidelines for managing infor-mation technology resources.

(3) The Director, Office of Small andDisadvantaged Business Utilization(OSDBU), is responsible for:

(i) Assuring participation of the De-partment in the Federal Small and Dis-advantaged Business Program as speci-fied in section 8(a) (small disadvan-taged business set-asides) and section15 (procurement in labor surplus areas)of the Small Business Act, as amended(15 U.S.C. 637(a) and 644), and ExecutiveOrders 11625 (Minority Business Enter-prises) and 12138 (Women-Owned Busi-ness Enterprises).

(ii) Assuring participation and inputof each Program Agency in estab-lishing DOL goals for increased oppor-tunities for small and disadvantagedbusiness concerns to participate in theDepartment’s procurement and grantactivities.

(iii) Providing technical advice andassistance to Program Agencies in es-tablishing Agency goals for utilizingsmall and disadvantaged businesses.

(iv) Developing systematic proce-dures, guidelines and regulations forassuring the effective implementationof the provisions of the Small BusinessAct, as amended, and Executive Orders11625 and 12138.

(v) Maintaining liaison with theSmall Business Administration (SBA)on matters regarding sections 8 and 15

of the Small Business Act, as amended(15 U.S.C. 637(a) and 644), and ExecutiveOrder 12138, and the Department ofCommerce on matters relating to Exec-utive Order 11625.

(4) The Director, Office of Informa-tion and Public Affairs (OIPA), is re-sponsible for:

(i) Reviewing all purchase orders,requisitions and contracts for audio-visual productions including thosewhich contain an audiovisual compo-nent along with other activities beforethe request is processed and approvedby OASAM or another Agency to as-sure compliance with DOL and OMB re-quirements. All types of audiovisualproductions are covered, includingprojects for training, education, inter-nal communications, and/or public in-formation purchases. Training and edu-cation products will not be reviewedfor content but rather for the profes-sional quality, effectiveness and cost ofthe communications material beingproduced. (See Guidelines for Manage-ment of Departmental Audiovisual Ac-tivities, issued pursuant to OMB Cir-cular A–114 and Secretary’s Order 5–79.)

(ii) Reviewing all purchase orders,requisitions, and contracts for therental or purchase of major audiovisualequipment to be used in productionwork before the request is processedand approved by OASAM or anotherDOL Agency to assure compliance withDOL and OMB requirements. Produc-tion equipment includes motion pic-ture and videotape cameras, editingequipment and duplication equipmentfor videotape and film. Review is notnecessary for such equipment as stillcameras, projectors and tape players,cassette tape players, etc.

(5) The Procurement Review Board isresponsible for:

(i) Reviewing all requests to awardcontracts, grants, agreements, or modi-fications thereto (as described in thisparagraph (f)(5)) and recommending ap-proval or disapproval to the ASAM:

(A) Requests for noncompetitive pro-curements, discretionary grants andagreements exceeding the small pur-chases limitation;

(B) Noncompetitive consulting andrelated services requests, includingpurchase orders, and personnel ap-pointments of consultants and experts;


13


(C) Competitive procurements forconsulting and related services costing$50,000 or more and modificationsthereto as described in paragraph (g) ofthis section;

(D) Major procurements and thosewith high waste vulnerability; and

(E) Requests for noncompetitive re-search, evaluation and demonstrationprojects after prior review by the As-sistant Secretary for Policy.

(ii) Assuring compliance with thescope of the Board’s authority, withOMB and DOL guidelines for use ofconsulting and related services andother special acquisitions.

(iii) Approval by the ASAM of re-quests identified in this paragraph(f)(5) do not constitute award of a con-tract. The contracting officer has finalapproval authority.

(g) Exceptions to delegations of author-ity. The assignment of procurement re-sponsibilities described in paragraph(b) are subject to the exclusions listedbelow:

(1) Procurement of consulting and re-lated services. (i) The ASAM retains au-thority and responsibility for approvalof requests for consulting and relatedservices for individuals and organiza-tions under the following cir-cumstances:

(A) When acquisitions by either con-tract or purchase order are to beawarded without competition, regard-less of amount, or for those competi-tive actions costing $50,000 or more;and

(B) When modifications involvingchanges in dollar amounts, deliverablesunder contracts or (under rare cir-cumstances) extensions to existingconsulting and related services con-tracts are required.

(ii) The heads of the contracting ac-tivities retain approval authority forthe acquisition of consulting and re-lated services costing less than $50,000which are obtained through competi-tive procedures.

(2) Automated data processing (ADP).The following requirements and limita-tions exist for the purchase or lease ofADP equipment, software and services:

(i) Authority to issue purchase ordersand contracts is limited only to thoseofficials in paragraph (b) with procure-

ment responsibility explicitly includ-ing this authority.

(ii) Acquisition of ADP equipment,software and services costing $100,000or more requires prior approval ofDIRM, OASAM.

(iii) Acquisition of ADP equipment,software and services costing less than$100,000 do not require prior approval ofDIRM, OASAM, unless costs involvedexceed GSA blanket delegation thresh-olds granted under FIRMR 201–23.104.However, agencies are responsible forcomplying with FIRMR documentationrequirements.

(3) Records equipment. The purchase ofrecords equipment; defined as file cabi-nets, shelf files, visible files, mecha-nized files, files guides, folders, jack-ets, wallets, and similar items used inthe creation and maintenance ofrecords and in mail handling requiresspecial authority. Federal PropertyManagement Regulation 101–11.306 asimplemented by the Department ofLabor Manual Series (DLMS–1) re-quires that: Form DL 1–194 be com-pleted by the Agency Records Officerand forwarded to the DepartmentalRecords Officer, DIRM, OASAM, for ap-proval prior to acquisition. RegionalAdministrators—OASAM are delegatedthis approval authority for their re-spective regions. In keeping with GSABulletins FPMR B–120 and B–122 whichdiscourage the use of legal-size files, nonew legal size records equipment is tobe purchased.

(4) The OSDBU will periodically mon-itor DOL Agency acquisition and grantfunctions which relate to the pref-erential programs to determine theireffectiveness and adherence to Federaland DOL requirements.

(5) The Assistant Inspector Generalfor Audit will periodically audit Agen-cy acquisition and grant functions todetermine compliance with governingregulations, policies and procedures.

(h) Rescission of authority. The ASAMacting through the Director, Direc-torate of Procurement and Grant Man-agement, reserves the right to rescindthe acquisition and grant authoritydelegated herein if it is determinedthat such action is in the best interestof the Government.

[50 FR 8914, Mar. 5, 1985, as amended at 51 FR40372, Nov. 6, 1986]


14

48 CFR Ch. 29 (10–1–01 Edition)2901.603–70

2901.603–70 Modification of appoint-ment.

To modify a contracting officer’s au-thority, the present appointment shallbe revoked and a new certificateissued.

2901.603–71 Ratification of unauthor-ized contract awards.

(a) The Government is not generallybound by agreements or contractualcommitments made to contractors orprospective contractors by persons towhom acquisition authority has notbeen delegated. Such unauthorized actsmay be in violation of the FederalProperty and Administrative ServicesAct of 1949, other Federal laws, theFAR, the DOLAR, and good acquisitionpractice; e.g., certain requirements oflaw and regulation necessary for theproper establishment of a contractualobligation may not be met, such as cer-tification of the availability of funds,determinations and findings, competi-tion of sources, determination of con-tractor responsibility, price/cost anal-ysis, administrative approvals, nego-tiations of appropriate contractclauses, etc.

(b) Unauthorized commitments shallnot be ratified unless it would havebeen otherwise proper to enter into acontract prior to the commitment. Asused herein, the phrase ‘‘otherwiseproper’’ means that a ratification of anunauthorized commitment can be madeonly if there occurred no violation ofany substantive legal requirements;e.g., there can be no ratification unlessa sole source can be justified; a deter-mination made that the contractor isnot debarred or otherwise ineligible foraward; the Organizational Conflict ofInterest reviews and determinations, ifrequired, are completed; and where allother substantive legal requirementshave been met. Whenever it is discov-ered that any person is performingwork as a result of an unauthorizedcommitment, that person shall be ad-vised that such work is being per-formed at their own risk pending estab-lishment of valid contractual coverage.The Head of the Contracting Activity(HCA) shall then be notified of the cir-cumstances. If the HCA agrees that thework appears to be without valid au-thorization, the Director, Directorate

of Procurement and Grant Manage-ment, shall be notified by the HCA inaccordance with the procedures out-lined in paragraph (c) of this section.

(c) Requests received by contractingofficers for ratification of commit-ments made by personnel lacking con-tracting authority shall be processedas follows:

(1) The individual who made the un-authorized contractual commitmentshall furnish the contracting officer allrecords and documents concerning thecommitment and a complete, writtenstatement of facts, including, but notlimited to, a statement as to why theacquisition office was not used, whythe proposed contractor was selectedand a list of other sources considered,description of work to be performed orproducts to be furnished, estimated oragreed contract price, citation of ap-propriation available, and a statementas to whether the contractor has com-menced performance. Under excep-tional circumstances, such as when theperson who made the unauthorizedcommitment is no longer available toattest to the circumstances of the un-authorized commitment, the Director,Directorate of Procurement and GrantManagement, may waive the require-ment that the responsible employeeinitiate and document the request; Pro-vided the Head of the Contracting Ac-tivity determines in writing that thecommitment was in fact made by anemployee who shall be identified in thedetermination.

(2) The request for ratification, anapproved justification for noncompeti-tive acquisition, and the informationrequired by paragraph (c)(1) of this sec-tion, must be forwarded to the HCA forconcurrence, together with rec-ommended corrective actions to pre-clude recurrence.

(3) If the HCA concurs with the re-quest for ratification, the request andconcurrence shall be forwarded to theDirector, Directorate of Procurementand Grant Management, for review bythe Procurement Review Board (PRB).The PRB will review the request, the


15


Justification for Non-Competitive Ac-quisition, any comments or informa-tion submitted by the contracting offi-cer which should be considered in eval-uation of the request, and the informa-tion submitted in accordance withparagraph (c)(2) of this section. Basedupon this review and advice from theOffice of the Solicitor, the PRB willproceed as follows:

(i) If the request submitted does notappear to be justified, it will be re-turned to the concurring HCA withoutapproval with an explanation of the de-cision not to ratify.

(ii) If the request and the rec-ommended corrective actions appearjustified and adequate, the PRB mayratify the action, with the concurrenceof the Assistant Secretary for Adminis-tration and Management, return thefile to the contracting officer for ac-tion, and monitor the implementationof the corrective action plan. The con-tracting officer shall direct the disposi-tion of all products and deliverables re-ceived by the Government as a resultof an unauthorized commitment.

(iii) A detailed record of the reviewshall be maintained for audit purposes.

2901.603–72 Responsibility of otherGovernment personnel.

(a) Responsibility for the decision ofwhat to buy and when to buy rests withprogram and certain staff offices andthe head of the agency or designee. Re-sponsibility for determining how tobuy, the conduct of the buying process,and execution of the contract restswith the contracting officer.

(b) Personnel responsible for makingdecisions to buy should maintain aclose and continuous relationship withtheir acquisition activity to ensurethat acquisition personnel are madeaware of contemplated acquisition ac-tions. This will be mutually beneficialin terms of better planning for acquisi-tion action and more timely, efficientand economical acquisition.

(c) Personnel not delegated con-tracting authority may not committhe Government, formally or infor-mally, to any type of contractual obli-gation. However, program personnelwho must use the contracting processto accomplish their programs, must

support the contracting officer in en-suring that:

(1) Requirements are clearly definedand specified;

(2) Competitive sources are solicited,evaluated, and selected;

(3) Quality standards are prescribed,and met;

(4) Performance or delivery is timely;(5) Files are documented to substan-

tiate the judgments, decisions, and ac-tions taken.

2901.603–73 Contracting officer’s rep-resentatives.

(a) A contracting officer may des-ignate other Government personnel toact as authorized representatives forsuch functions as technical moni-toring, inspection, approval of shopdrawings, testing, approval of samples,and other functions of a technical na-ture not involving a change in thescope, price, terms or conditions of thecontract or order. Such designationshall be in writing and shall containspecific instructions as to the extent towhich the representative may take ac-tion for the contracting officer, butwill not contain authority to sign con-tract documents. The responsibilitiesand limitations of the contracting offi-cer’s representatives may be set forthin the contract or in a separate letter,a copy of which shall be furnished tothe contractor.

(b) A person assigned to a con-tracting office and performing primaryduties in a position within a con-tracting office, and under the super-vision of a contracting officer, does notrequire written designation as a rep-resentative of the contracting officernor designation in a contractual docu-ment to perform assigned duties. Sucha person is considered to be an em-ployee of the contracting officer, act-ing in the latter’s behalf and, as such,has the authority and responsibility toperform, under the terms and condi-tions of employment, and to act as as-signed by the contracting officer. Thecontracting officer, however, shall notauthorize such an employee, acting asa representative for the contracting of-ficer, to sign any contractual docu-ments or letter in those instanceswhere the signature of a contractingofficer is required.


16

48 CFR Ch. 29 (10–1–01 Edition)2901.603–74

2901.603–74 Legal review and assist-ance.

Proposed acquisitions may be subjectto legal review by the Office of the So-licitor of Labor. Internal DOL proce-dures are contained in the Departmentof Labor Manual Series (DLMS–2,Chapter 900, Section 910). Copies of theDLMS Chapter may be obtained uponwritten request from the Office of Pro-curement and Grant Policy, Direc-torate of Procurement and Grant Man-agement, Office of the Assistant Sec-retary for Administration and Manage-ment, U.S. Department of Labor, 200Constitution Avenue, NW., Wash-ington, DC 20210.

[51 FR 40373, Nov. 6, 1986]

PART 2902—DEFINITIONS OFWORDS AND TERMS


Subpart 2902.1—Definitions

2902.101 Definitions.As used throughout this regulation,

the following words and terms are usedas defined in this subpart unless (a) thecontext in which they are used clearlyrequires a different meaning, or (b) adifferent definition is prescribed for aparticular part or portion of a part:

Contracting activity means an agencyor office within the Department withdelegated procurement authority tomanage contracting functions associ-ated with its mission. Within the Officeof the Assistant Secretary for Adminis-tration and Management, the NationalCapital Service Center is the con-tracting activity.

Head of procuring activity means theAssistant Secretary for Administrationand Management; the Assistant Sec-retary for Employment and Training;the Assistant Secretary for Mine Safe-ty and Health, and the Director, Na-tional Capital Service Center.

Head of the agency (also called agencyhead) means the Assistant Secretaryfor Administration and Management.

Head of the contracting activity (HCA)means the Assistant Secretary for Ad-ministration and Management; the Di-rector, National Capital Service Cen-

ter, and the head of each DOL Agencyand Office listed in 2901.603–1(b) whohas overall responsibility for managingthe contracting activity.

Procurement Executive means the Di-rector, Directorate of Procurement andGrant Management, and is synonymouswith the term Senior Procurement Exec-utive defined at FAR subpart 2.1. Re-sponsibilities of the Procurement Exec-utive include appointing the DOL advo-cate for competition.

Procuring activity means the Office ofthe Assistant Secretary for Adminis-tration and Management; the Employ-ment and Training Administration; theMine Safety and Health Administra-tion; and the National Capital ServiceCenter.

[50 FR 8921, Mar. 5, 1985, as amended at 51 FR40373, Nov. 6, 1986; 53 FR 3839, Feb. 9, 1988]

PART 2903—IMPROPER BUSINESSPRACTICES AND PERSONALCONFLICTS OF INTEREST

Subpart 2903.1—Safeguards

Sec.2903.101 Standards of conduct.2903.101–3 Agency regulations.

Subpart 2903.2—Contractor Gratuities toGovernment Personnel

2903.203 Reporting suspected violations ofthe gratuities clause.

2903.204 Treatment of violations.

Subpart 2903.3—Reports of Identical Bidsand Suspected Antitrust Violations

2903.302 Reporting identical bids.2903.302–2 Reporting requirements.

Subpart 2903.4—Contingent Fees

2903.409 Misrepresentation or violation ofthe Covenant Against Contingent Fees.

Subpart 2903.5—Other Improper BusinessPractices

2903.502 Subcontractor kickbacks.

Subpart 2903.6—Contracts With Govern-ment Employees or OrganizationsOwned or Controlled by Them

2903.602 Exceptions.2903.603 Responsibilities of the contracting

officer.



17



Subpart 2903.1—Safeguards

2903.101 Standards of conduct.

2903.101–3 Agency regulations.All DOL personnel engaged in acqui-

sition related activities shall conductsuch activities in a manner above re-proach in every respect. See part 0 oftitle 29, CFR. Transactions relating toexpenditure of public funds require thehighest degree of public trust to pro-tect the interests of the Government.See 2903.6 for requirements concerningcontracting with current or formerDOL employees.

Subpart 2903.2—Contractor Gratu-ities to Government Personnel

2903.203 Reporting suspected viola-tions of the gratuities clause.

(a) Action official. The Director, Di-rectorate of Procurement and GrantManagement, is the DOL official au-thorized to take action pursuant toFAR 3.204(c) against a contractor if itis determined that a violation of theclause at FAR 52.203–3, Gratuities, hasoccurred. This authority may not beredelegated.

(b) Referral. Whenever a suspectedviolation of the clause at FAR 52.203–3,Gratuities, becomes known to a DOLemployee, the matter shall be reportedto the cognizant contracting officer.The report shall be in writing and shallclearly state the circumstances sur-rounding the incident or incidenceswhere it is alleged that the contractoroffered or gave a gratuity to a DOL em-ployee and intended by the gratuity toobtain a contract or favorable treat-ment under a contract. The date(s), lo-cation(s), and name(s) of all parties in-volved in the incident shall be includedin the report. The report shall also in-clude a recommended course of actionin accordance with FAR 3.204(c) andshall be submitted through the head ofthe contracting activity to the Direc-tor, Directorate of Procurement andGrant Management for disposition.

2903.204 Treatment of violations.

(a) Notice of contractor. After reviewof the report and consultation with theOffice of the Solicitor and Office of theInspector General, as appropriate, theDirector, Directorate of Procurementand Grant Management shall deter-mine further action to be taken. If re-quested, the contractor shall be pro-vided with a formal notice which sum-marizes the events involving the sus-pected violations and affords the con-tractor the opportunity to take the ac-tion(s) listed under FAR 3.204(b). Thenotice shall contain a reasonable timelimit for reply and shall be sent by cer-tified mail, return receipt requested.

(b) Action. Based on the contractor’sresponse to the notice; the results ofany further discussions with the con-tractor, the counsel, or witnesses; thereview of additional documentary evi-dence; and other pertinent informa-tion, the Director, Directorate of Pro-curement and Grant Management,shall make a final and binding decisionon the action to be taken in accordancewith FAR 3.204(c) and shall provide thecontractor with a formal notice of suchaction.


Subpart 2903.3—Reports of Iden-tical Bids and Suspected Anti-trust Violations

2903.302 Reporting identical bids.

2903.302–2 Reporting requirements.

Potential anti-competitive practices,such as described in FAR 3.301, andantitrust law violations as described inFAR 3.303, evidenced in bids or pro-posals shall be reported to the Office ofthe Solicitor through the Head of theContracting Activity with a copy tothe Director, Directorate of Procure-ment and Grant Management. The Of-fice of the Solicitor will provide re-ports to the Attorney General as ap-propriate.


18

48 CFR Ch. 29 (10–1–01 Edition)2903.409

Subpart 2903.4—Contingent Fees

2903.409 Misrepresentation or viola-tion of the Convenant Against Con-tingent Fees.

(a) Suspected misrepresentation orviolations of the Convenant AgainstContingent Fees shall be documentedand reported promptly to the con-tracting officer for review and actionunder FAR 3.409.

(b) Suspected fraudulent or criminalviolations shall be documented in a re-port and submitted by the contractingofficer to the Office of the Solicitorprior to initiation of any actions out-lined in FAR 3.409(b). A copy of the re-port shall be submitted to the Director,Directorate of Procurement and GrantManagement.

Subpart 2903.5—Other ImproperBusiness Practices

2903.502 Subcontractor kickbacks.

(a) Reports on suspected violations ofthe Antikickback Act as required byFAR 3.502(b) shall be prepared by the

contracting officer and submitted bythe head of the contracting activity tothe Office of the Solicitor for furtheraction. A copy of the report shall besubmitted to the Director, Directorateof Procurement and Grant Manage-ment.

(b) The head of the contracting activ-ity may initiate debarment or suspen-sion action in accordance with FAR9.406–2 or 9.407–2 and 2909.4 of this chap-ter.

Subpart 2903.6—Contracts WithGovernment Employees orOrganizations Owned or Con-trolled by Them

2903.602 Exceptions.

(a) The Assistant Secretary for Ad-ministration and Management is au-thorized to except a contract from thepolicy in FAR 3.601.

(b) Negotiated contracts or grants oramendments to existing contracts orgrants which constitute new acquisi-tion (including those for the rental ofreal or personal property) may be en-tered into with former employees ofDOL or with firms in which former em-ployees are known to have a substan-tial interest, within a period of 1 yearsubsequent to the termination of theindividual’s employment by DOL, onlywith the prior written approval of theAssistant Secretary for Administrationand Management.

2903.603 Responsibilities of the con-tracting officer.

Approval of a decision to grant an ex-ception as provided in 2903.602 shall bedocumented by a written determina-tion and findings prepared by the con-tracting officer for signature by theAssistant Secretary for Administrationand Management. The determinationand findings shall document compli-ance with FAR 3.603 and 2909.5; specifythe compelling reason(s) for award; andbe placed in the contract file.

PART 2904—ADMINISTRATIVEMATTERS



Subpart 2904.6—ContractReporting

2904.601 Federal Procurement DataSystem.

(a) DOL’s data collection point is theOffice of Procurement and Grant Pol-icy, Directorate of Procurement andGrant Management, U.S. Departmentof Labor, 200 Constitution Avenue,NW., Washington, DC 20210.

(b) The SF 279, Individual ContractAction Report (over $10,000), and SF281, Summary of Contract Actions of$10,000 or less, are due monthly on thetenth day of the month.


19

SUBCHAPTER B—ACQUISITION PLANNING

PART 2905—PUBLICIZINGCONTRACT ACTIONS

Subpart 2905.2—Synopsis of ProposedContract Actions

Sec.2905.202 Exceptions.

Subpart 2905.4—Release of Information

2905.403 Requests from Members of Con-gress.

2905.404 Release of long-range acquisitionestimates.

2905.404–1 Release procedures.

Subpart 2905.5—Paid Advertisements

2905.502 Authority.



Subpart 2905.2—Synopsis ofProposed Contract Actions

2905.202 Exceptions.The Procurement Executive is au-

thorized to make the determinationprescribed in FAR 5.202(b). A writtendetermination documenting the rea-sons why advance notice is not appro-priate or reasonable shall be submittedby the HCA to the Director, Direc-torate of Procurement and Grant Man-agement, for appropriate action includ-ing communication with the officialslisted in FAR 5.202(b).

[51 FR 40374, Nov. 6, 1986]

Subpart 2905.4—Release ofInformation

2905.403 Requests from Members ofCongress.

In addition to having access to theinformation available to the generalpublic, Members of Congress shall,upon their request, be given full anddetailed information regarding anyparticular DOL procurement. The in-formation provided shall be fully re-sponsive to the member’s request un-less such a response would discloseclassified matter, information not to

be released pursuant to law, businessconfidential information or informa-tion which would be prejudicial to thecompetitive process. The contractingofficer shall promptly consult with theOffice of the Solicitor and the Office ofLegislative and Intergovernmental Af-fairs to determine whether cir-cumstances exist which will allow therelease of additional information. Insuch instances, the Congressional re-questor shall be furnished an interimreply providing the information whichis readily releasable. The interim replyshall describe the problem which pre-cludes release of any requested mate-rials and describe generally what steps,if any, are being taken to make suchinformation available.

2905.404 Release of long-range acquisi-tion estimates.

2905.404–1 Release procedures.

(a) Heads of contracting activitiesare authorized to release long-rangeacquistion estimates under the condi-tions in FAR 5.404–1.

(b) Offices contemplating the releaseof long-range acquisition planning esti-mates shall coordinate with the Officeof Information and Public Affairs inadvance of the release of such planningestimates.

Subpart 2905.5—PaidAdvertisements

2905.502 Authority.

When it is deemed necessary to usepaid advertisements in newspapers andtrade journals, written authority forsuch publication shall be obtained fromthe Head of the Contracting Activityor designee.

PART 2906—COMPETITIONREQUIREMENTS

Subpart 2906.2—Full and OpenCompetition After Exclusion of Sources

Sec.2906.202 Establishing or maintaining alter-

native sources.


20

48 CFR Ch. 29 (10–1–01 Edition)2906.202

Subpart 2906.3—Other Than Full and OpenCompetition

2906.303 Justifications.2906.303–1 Requirements.

Subpart 2906.5—Competition Advocates

2906.501 Requirement.


SOURCE: 51 FR 40374, Nov. 6, 1986, unlessotherwise noted.

Subpart 2906.2—Full and OpenCompetition After Exclusion ofSources

2906.202 Establishing or maintainingalternative sources.

The Procurement Executive is au-thorized to make the determinationprescribed in FAR 6.202(b). A writtendetermination shall be submitted bythe HCA to the Director, Directorate ofProcurement and Grant Management.

Subpart 2906.3—Other Than Fulland Open Competition

2906.303 Justifications.

2906.303–1 Requirements.(a) As prescribed in the Department

of Labor Manual Series (DLMS) 2,Chapter 830, any proposed noncompeti-tive aquisitions in excess of the smallpurchases limitation must be fully jus-tified, submitted to the DOL Procure-ment Review Board and approved bythe Assistant Secretary for Adminis-tration and Management and, in thecase of research contracts, by the As-sistant Secretary for Policy.

(b) The contracting officer is respon-sible for assuring that proposed acqui-sitions below the dollar level specifiedin paragraph (a) of this section are incompliance with FAR and DOLAR re-quirements regarding competition.

Subpart 2906.5—CompetitionAdvocates

2906.501 Requirement.(a) The Competition Advocate for the

Department of Labor is the Director,Office of Procurement and Grant Pol-icy, Directorate of Procurement andGrant Management, OASAM.

(b) The head of the agency has dele-gated the authority to the Procure-ment Executive to appoint the Agencyand Procuring Activity CompetitionAdvocates. The Procurement Executivehas delegated authority to the Head ofthe Procuring Activity to appoint Pro-curing Activity Competition Advo-cates.

PART 2907—ACQUISITIONPLANNING

Subpart 2907.1—Acquisition Plans

Sec.2907.102 Policy.

Subpart 2907.3—Contractor VersusGovernment Performance

2907.307 Appeals.


Subpart 2907.1—Acquisition Plans

2907.102 Policy.

DOL Agencies and Offices shall de-velop acquisition plans for major sys-tem acquisitions and major projects inaccordance with FAR subpart 7.1 whenthe potential benefit justifies their de-velopment. The Directorate of Procure-ment and Grant Management and theProcurement Review Board will revieweach DOL Agency/Office Annual Ad-vance Procurement Plan to ensurecompliance with this subpart.

[50 FR 8922, Mar. 5, 1985]

Subpart 2907.3—Contractor VersusGovernment Performance

2907.307 Appeals.

An appeal of a decision to convert tocontract or to continue in-house per-formance may be made by an affectedparty. Appeals shall be made in writ-ing, be based only on specific allegedmaterial deviation (or deviations),from OMB Circular A–76, and be sup-ported by appropriate documentation.Appeals must be delivered within 15working days of the announced deci-sion, through the contracting officer


21


and the Director, Directorate of Pro-curement and Grant Management, tothe Under Secretary.

[50 FR 8922, Mar. 5, 1985]

PART 2908—REQUIRED SOURCESOF SUPPLIES AND SERVICES


Subpart 2908.8—Acquisition ofPrinting and Related Supplies

2908.802 Policy.(a) The Office of Printing, Direc-

torate of Administrative Services andSafety and Health Programs, has beendesignated as the DOL liaison with theJoint Committee on Printing (JCP)and the Public Printer, GovernmentPrinting Office (GPO), on all mattersrelated to printing.

(b) Except as provided in paragraphs35–2 through 35–4 of the ‘‘GovernmentPrinting and Binding Regulations’’ ofthe Congressional Joint Committee onPrinting, inclusion of printing as de-fined in FAR 8.801 in contracts for sup-plies and services is prohibited unlessspecifically approved in writing by theDirectorate of Administrative Servicesand Safety and Health Programs.

[50 FR 8923, Mar. 5, 1985]

PART 2909—CONTRACTORQUALIFICATIONS

Subpart 2909.1—Responsible ProspectiveContractors

Sec.2909.105 Procedures.2909.105–1 Obtaining information.

Subpart 2909.4—Debarment, Suspension,and Ineligibility

2909.400 Scope of subpart.2909.404 Consolidated List of Debarred, Sus-

pended, and Ineligible Contractors.2909.405 Effect of listing.2909.405–1 Continuation of current con-

tracts.2909.406 Debarment.2909.406–1 General.2909.406–3 Procedures.2909.407 Suspension.2909.407–1 General.2909.407–3 Procedures.

Subpart 2909.5—Organizational Conflicts ofInterest

2909.503 Waiver.2909.507 Procedures.



Subpart 2909.1—ResponsibleProspective Contractors

2909.105 Procedures.

2909.105–1 Obtaining information.(a) In addition to the sources of infor-

mation listed in FAR 9.105–1(c) to sup-port determinations of responsibilityor nonresponsibility, the contractingofficer shall use, if available, perform-ance evaluation reports on section 8(a)contractors (section 8(a) of the SmallBusiness Act as amended (15 U.S.C.637(a)) and construction and architect-engineer contractors (see 2936.201 and2936.604).

(b) Contracting officers may obtaincredit reports prior to the issuance ofany loan, loan guarantee, contract orgrant through the credit bureau serv-ice. The National Capital Service Cen-ter will award a contract for the creditbureau service for use by all DOL con-tracting activities until such servicesbecome available through an estab-lished GSA Federal Supply Schedule.


Subpart 2909.4—Debarment,Suspension, and Ineligibility

2909.400 Scope of subpart.This subpart prescribes DOL policies

and procedures governing the debar-ment and suspension of contractors,the listing of debarred and suspendedcontractors, contractors declared ineli-gible (see FAR 9.403) and distributionof the list.

2909.404 Consolidated List ofDebarred, Suspended, and Ineli-gible Contractors.

(a) The Directorate of Procurementand Grant Management, is responsiblefor accomplishing the actions requiredin FAR 9.404(c).


22

48 CFR Ch. 29 (10–1–01 Edition)2909.405

(b) The Directorate of Procurementand Grant Management, upon receiptof monthly issues of the consolidatedlist from GSA, shall distribute theissues to the heads of contracting ac-tivities.

(c) Weekly supplements to monthlylists shall be furnished to the heads ofcontracting activities by the Direc-torate of Procurement and Grant Man-agement.

2909.405 Effect of listing.The Director, Directorate of Procure-

ment and Grant Management, is au-thorized to make the determinationslisted in FAR 9.405(a). Requests forsuch determinations shall be submittedby the head of the contracting activityto the Director, Directorate of Pro-curement and Grant Management.

2909.405–1 Continuation of currentcontracts.

The Director, Directorate of Procure-ment and Grant Management, is au-thorized to take the actions listed inFAR 9.405–1.

2909.406 Debarment.

2909.406–1 General.(a) The Director, Directorate of Pro-

curement and Grant Management, isthe debarring official for DOL and isauthorized to debar a contractor forany of the causes in FAR 9.406–2, usingthe procedures in 2909.406–3.

(b) Exceptions to debarment made byanother Executive Agency shall bemade by the Director, Directorate ofProcurement and Grant Management,in accordance with the conditions inFAR 9.406–1(c).

2909.406–3 Procedures.(a) Investigation and referral. When-

ever a cause for debarment, as listed inFAR 9.406–2, becomes known to a DOLemployee, the head of the contractingactivity affected shall be notified. Thehead of the contracting activity shallconsult with the Office of the Solicitorand the Office of the Inspector General,as appropriate, and submit a formalrecommendation which documents thecause for debarment to the Director,Directorate of Procurement and GrantManagement.

(b) Notice of proposal to debar. Basedupon review of the recommendation todebar and consultation with the Officeof the Solicitor and Office of the In-spector General, as appropriate, the Di-rector, Directorate of Procurement andGrant Management, shall initiate pro-posed debarment by taking the actionslisted in FAR 9.406–3(c) and advisingthe contractor of DOL’s rules under2909.4.

(c) Factfinding proceedings. For ac-tions listed under FAR 9.406–3(b)(2), theDirector, Directorate of Procurementand Grant Management, shall affordthe contractor the opportunity to ap-pear at an informal factfinding as re-quired by FAR 9.406–3(b)(2)(i). Thehearing shall be conducted by the Of-fice of Administrative Law Judges andshall be held at a date and locationconvenient to the parties concerned.Subject to the provisions of 29 CFRpart 18, the contractor and any specifi-cally named affiliates, may be rep-resented by counsel or any duly au-thorized representative. Witnesses maybe called by either party. The pro-ceedings shall be conducted expedi-tiously and in such a manner that eachparty will have a full opportunity topresent all information considered per-tinent to the proposed debarment. Atranscript of the proceedings shall bemade available to the contractor underthe conditions in FAR 9.406–3(b)(2)(ii).

(d) Decision and notice. The Director,Directorate of Procurement and GrantManagement, shall make a decision onimposing debarment in accordancewith the procedures in FAR 9.406–3(d),findings of fact of the AdministrativeLaw Judge, and the conditions in FAR9.406–4 and 9.406–5. Notice of the deci-sion shall be provided to the contractorand any affiliates involved in accord-ance with the procedures in FAR 9.406–3(e).

2909.407 Suspension.

2909.407–1 General.

(a) The Director, Directorate of Pro-curement and Grant Management, isthe suspending official for DOL and isauthorized to suspend a contractor forany of the causes in FAR 9.407–2, usingthe procedures in 2909.407–3.


23

Department of Education Pt. 2910

(b) The Director, Directorate of Pro-curement and Grant Management, isauthorized to make the statement re-garding suspension by another agencysuspending official under the condi-tions in FAR 9.407–1(d).

2909.407–3 Procedures.(a) Investigation and referral. When-

ever a cause for suspension, as listed inFAR 9.406–2, becomes known to a DOLemployee, the head of the contractingactivity affected shall be notified. Thehead of the contracting activity shallconsult with the Office of the Solicitorand the Office of the Inspector General,as appropriate, and submit a formalrecommendation, which documents thecause for suspension, to the Director,Directorate of Procurement and GrantManagement.

(b) Notice of suspension. Based uponreview of the recommendation to sus-pend and consultation with the Officeof the Solicitor and the Office of theInspector General, as required, the Di-rector, Directorate of Procurement andGrant Management, shall initiate sus-pension by taking the actions listed inFAR 9.407–3(c) and advising the con-tractor of DOL’s rules under 2909.4.

(c) Factfinding proceedings. For ac-tions listed under FAR 9.407–3(b)(2), theDirector, Directorate of Procurementand Grant Management, shall affordthe contractor the opportunity to ap-pear at an informal hearing as requiredby FAR 9.407–3(b)(2)(i). The hearingshall be conducted under the condi-tions in 2909.407–3(c).

(d) Suspension decisions. The Director,Directorate of Procurement and GrantManagement, shall make a final deci-sion on suspension as prescribed inFAR 9.407–3(d). Notice of the decisionshall be provided to the contractor andany affiliates involved in accordancewith the provisions in FAR 9.407–3(d)(4).

Subpart 2909.5—OrganizationalConflicts of Interest

2909.503 Waiver.(a) The Director, Directorate of Pro-

curement and Grant Management, isauthorized to waive any general rule orprocedure in FAR 9.5 when its applica-tion in a particular situation would not

be in the Government’s interest. Pur-suant to FAR 9.503, this authority maynot be redelegated.

(b) Requests for waivers shall bemade by the head of the contractingactivity to the Director, Directorate ofProcurement and Grant Management.Each request shall include:

(1) An analysis of the facts involvingthe potential or actual conflict includ-ing benefits and detriments to the Gov-ernment and prospective contractors;

(2) A discussion of the factors whichpreclude avoiding, neutralizing, ormitigating the conflict; and

(3) Identification of the provision(s)in FAR subpart 9.5 to be waived.

(c) In making determinations under2909.503(a), the Director, Directorate ofProcurement and Grant Management,shall request the opinion of the Officeof the Solicitor.


(a) If a prospective contractor dis-agrees with the decision of a con-tracting officer regarding an organiza-tional conflict of interest provision andrequests higher level review in accord-ance with FAR 9.507(c)(4) the mattershall be referred to the Director, Direc-torate of Procurement and Grant Man-agement for review and final decision.

(b) Referrals shall be made by thehead of the contracting agency con-cerned and include the contracting of-ficer’s decision and the position of theprospective contractor.

(c) In making determinations under2909.507(a), the Director, Directorate ofProcurement and Grant Management,shall request the opinion of the Officeof the Solicitor.

PART 2910—SPECIFICATIONS,STANDARDS, AND OTHER PUR-CHASE DESCRIPTIONS

Sec.2910.004 Selecting specifications or descrip-

tions for use.2910.004–70 Brand name products or equal.2910.007 Deviations.




24

48 CFR Ch. 29 (10–1–01 Edition)2910.004

2910.004 Selecting specifications or de-scriptions for use.

(a) In accordance with FAR10.1004(b)(2), purchase descriptionsshall not specify a product, or specificfeature of a product, peculiar to a man-ufacturer unless it is determined inwriting by the Office initiating thepurchase request that the product, orspecific product feature, is essential tothe Government’s requirements andother similar products will not meetthese requirements. This determina-tion shall be in writing and shall ac-company the purchase requisition.

(b) A ‘‘brand name or equal’’ pur-chase description shall be used onlyunder the conditions listed in FAR10.004(b)(3) and in accordance with thepolicies and procedures in 2910.004–70.

2910.004–70 Brand name products orequal.

(a) Limitations on use. The identifica-tion of a requirement in a purchase de-scription by use of one or more brandname products followed by the words‘‘or equal’’ shall be used only under theconditions listed in FAR 10.004(b)(3). A‘‘brand name product’’ means a currentcommercial product of a manufacturerdescribed by its brand name, make,model number, catalog designation, orother description by which it is regu-larly offered for sale to the public inthe commercial market place.

(b) Invitation requirements. (1) ‘‘Brandname or equal’’ purchase descriptionsin invitations shall identify salientcharacteristics of the product (see2910.004–70(b)(2)) and contain the fol-lowing information to describe the spe-cific item:

(i) Identification of the item by ge-neric descriptions;

(ii) Make, model number, catalogdesignation (or other description), andidentification of commercial catalogwhere it is listed; and

(iii) Name of manufacturer, producer,or distributor of the item and completeaddress.

(2) In accordance with the policy inFAR 10.002, whenever a ‘‘brand name orequal’’ purchase description is used,offerors shall be given the opportunity

to offer products equal to the brandname if those products (includingmodifications thereto) satisfy the min-imum needs of the Government. There-fore, all salient characteristics of the‘‘brand name or equal’’ product whichare determined by the office initiatingthe purchase request to be essential tothe Government’s minimum needsshall be identified separately under theheading of ‘‘Salient Characteristics’’and included in the purchase descrip-tion contained in the solicitation sothe offeror understands the informa-tion to be submitted with its bid whenoffering an ‘‘equal’’ product for evalua-tion. In addition, the following certifi-cation shall be included at the end ofeach ‘‘brand name or equal’’ descrip-tion in a solicitation for an offeror toidentify its ‘‘equal’’ product:

Offerors proposing to furnish an ‘‘equal’’product, in accordance with the ‘‘BrandName or Equal’’ provision of this solicita-tion, shall insert the following descriptionfor the product.

Bidding on: lllllllllllllllll

Manufacturer’s Name: lllllllllll

Address: lllllllllllllllllll

Product Name (if any): lllllllllll

Product make, model, or catalog descrip-tion: llllllllllllllllllll

llllllllllllllllllllllll

Offerors shall also be responsible for sub-mitting all additional information on theabove product necessary for the Governmentto determine whether the product offeredmeets the salient characteristics of the‘‘brand name’’ as listed in the solicitation.

2910.007 Deviations.(a) Heads of contracting activities

are authorized to approve deviationsand exceptions to specifications orstandards listed in the Index of FederalSpecifications and Standards when theexceptions listed under FAR 10.006 donot apply. The Director, Directorate ofProcurement and Grant Management,shall be notified formally and provideda copy of each deviation or exceptionapproved.

(b) Heads of contracting activitiesare responsible for accomplishing theactions required under FAR 10.007.


25

SUBCHAPTER C—CONTRACTING METHODS AND CONTRACTTYPES

PART 2913—SMALL PURCHASE ANDOTHER SIMPLIFIED PURCHASEPROCEDURES

Subpart 2913.1—General

Sec.2913.106 Competition and price reasonable-

ness.2913.107 Solicitation and evaluation of

quotations.

Subpart 2913.3—Fast Payment Procedure

2913.301 General.

Subpart 2913.4—Imprest Fund

2913.403 Agency responsibilities.

Subpart 2913.5—Purchase Orders

2913.503 Obtaining contractor acceptanceand modifying purchase orders.

2913.503–70 Duplicate purchase orders.2913.505 Purchase order and related forms.2913.505–2 Agency order forms in lieu of op-

tional forms 347 and 348.




2913.106 Competition and price rea-sonableness.

When other than the lowest respon-sive quotation from a responsible sup-plier is used as the basis for the pur-chase, the Contracting Officer shall in-clude in the purchase file documenta-tion of the reason(s) for rejecting anylower quotation and the name of theindividual responsible for making thedetermination to reject suchquotation.

2913.107 Solicitation and evaluation ofquotations.

Standard Form 18, Request forQuotations, shall be used as prescribedin FAR 13.107(a) unless an agencyequivalent form has been authorizedfor use by the Director, Directorate ofProcurement and Grant Management.

Subpart 2913.3—Fast PaymentProcedure

2913.301 General.

The fast payment procedure delin-eated in FAR subpart 13.3 shall not beutilized by DOL.

Subpart 2913.4—Imprest Fund

2913.403 Agency responsibilities.

The DOL ‘‘Imprest Fund Handbook’’incorporated in the Department ofLabor Manual Series (DLMS 6, Chapter1900, Handbook DLMS 6–5) contains in-ternal DOL procedures for establish-ment, maintenance and use of imprestfunds. Copies of the handbook may beobtained upon written request from theDirectorate of Procurement and GrantManagement, Office of the AssistantSecretary for Administration and Man-agement, U.S. Department of Labor,200 Constitution Avenue, NW., Wash-ington, DC 20210.


Subpart 2913.5—Purchase Orders

2913.503 Obtaining contractor accept-ance and modifying purchase or-ders.

2913.503–70 Duplicate purchase or-ders.

If the vendor reports non-receipt, lossor other inability to locate an originalpurchase order and requests anothercopy, the purchasing officer may issueto the vendor a duplicate copy as thevendor’s basis of performance. This sec-ond issue should be conspicuouslymarked ‘‘Duplicate Copy.’’ To avoidthe possibility of a duplicate shipment,a letter of transmittal or a notation onthe purchase order should read as fol-lows:

This is a duplicate copy of the lost originalpurchase order, furnished in accordance with


26

48 CFR Ch. 29 (10–1–01 Edition)2913.505

your request of ————— (Date). The Gov-ernment will not be responsible for duplicateshipment.


2913.505 Purchase order and relatedforms.

2913.505–2 Agency order forms in lieuof optional forms 347 and 348.

Department of Labor Form 1–90 (DLForm 1–90), entitled ‘‘Purchase Order’’may be used by DOL in lieu of OptionalForms 347 and 348 prescribed in FAR13.505.

PART 2914—SEALED BIDDING

Subpart 2914.2—Solicitation of Bids

Sec.2914.203 Methods of soliciting bids.2914.203–2 Dissemination of information

concerning invitation for bids.2914.205 Solicitation mailing lists.2914.205–1 Establishment of lists.

Subpart 2914.4—Opening of Bids andAward of Contract

2914.404 Rejection of bids.2914.404–1 Cancellation of invitations after

opening.2914.406 Mistakes in bids.2914.406–3 Other mistakes disclosed before

award.2914.406–4 Disclosure of mistakes after

award.2914.407 Award.2914.407–8 Protests against award.2914.407–70 Award when only one bid is re-

ceived.



Subpart 2914.2—Solicitation ofBids

2914.203 Methods of soliciting bids.

2914.203–2 Dissemination of informa-tion concerning invitation for bids.

Procedures for obtaining approval forpaid advertisements in newspapers arecontained in 2905.502.

2914.205 Solicitation mailing lists.

2914.205–1 Establishment of lists.In accordance with FAR 14.205–1(b),

prospective bidders which submit solic-itation mailing list applications shallbe notified by the Contracting Activitywhen added to a mailing list unless thebidder is expected to be issued a solici-tation within thirty days after Govern-ment receipt of the application.

Subpart 2914.4—Opening of Bidsand Award of Contract

2914.404 Rejection of bids.

2914.404–1 Cancellation of invitationsafter opening.

The head of the contracting activity(HCA) is authorized to make the writ-ten determination required by FAR14.404–1(c).

[51 FR 40374, Nov. 6, 1986]

2914.406 Mistakes in bids.

2914.406–3 Other mistakes disclosedbefore award.

(a) The Director, Directorate of Pro-curement and Grant Management, isauthorized to make the administrativedeterminations under FAR 14.406–3.This authority may not be redelegatedexcept as set forth in paragraph (b) of2914.406–3.

(b) If (1) a bidder requests permissionto withdraw a bid rather than correctit, and (2) the evidence is determinedconvincing as to the mistake or (3) theevidence reasonably supports the exist-ence of a mistake but is not clear andconvincing, the head of the contractingoffice is authorized to make a writtendetermination permitting the bidder towithdraw the bid after review, in ac-cordance with established procedures,and concurrence by the appropriate Of-fice of the Solicitor. Copies of all deter-minations made pursuant to this au-thority shall be promptly transmittedto the Director, Directorate of Pro-curement and Grant Management. Ifevidence of the intended bid is clearand convincing, even though the bidderhas not requested permission to correctthe bid, the case shall be processed inaccordance with paragraph (c) of2914.406–3.


27


(c) Suspected or alleged mistakes inbids shall be processed in accordancewith the requirements of FAR 14.406–3(g). The contracting officer shall sub-mit a report together with the sup-porting data described in FAR 14.406–3(g)(3) through the head of the con-tracting activity to the Director, Di-rectorate of Procurement and GrantManagement.

(d) The Director, Directorate of Pro-curement and Grant Management, isresponsible for maintaining records ofadministrative determinations as re-quired in FAR 14.406–3(h).

2914.406–4 Disclosure of mistakes afteraward.

(a) The head of the contracting activ-ity is authorized to make the adminis-trative determinations in FAR 14.406–4after concurrence is received from theOffice of the Solicitor as required byFAR 14.406–4(d). This authority maynot be redelegated.

(b) The contracting officer shall proc-ess a mistake and prepare a case file inaccordance with the requirements ofFAR 14.604–4(e). The file shall be sub-mitted to the head of the contractingactivity for determination.

2914.407 Award.

2914.407–8 Protests against award.

See DOLAR subpart 2933.1, ‘‘Pro-tests’’.

[51 FR 40374, Nov. 6, 1986]

2914.407–70 Award when only one bidis received.

When only one bid is received in re-sponse to an invitation for bids, suchbid may be considered and accepted ifthe contracting officer makes a writtendetermination that (a) the specifica-tions used in the invitation were notunduly restrictive, (b) adequate com-petition was solicited and it could havebeen reasonably assumed that morethan one bid would have been sub-mitted, (c) the price is reasonable, and(d) the bid is otherwise in accordancewith the invitation for bids. Such a de-termination shall be placed in the con-tract file.

PART 2915—CONTRACTING BYNEGOTIATION

Subpart 2915.4—Solicitation and Receipt ofProposals and Quotations

2915.404 Presolicitation notices and con-ferences.

2915.405 Solicitations for information orplanning purposes.

2915.405–1 General.2915.413 Disclosure and use of information

before award.2915.413–1 Alternate I.

Subpart 2915.5—Unsolicited Proposals

2915.505 Content of unsolicited proposals.2915.505–1 Unsolicited research proposals.2915.506 Agency procedures.

Subpart 2915.6—Source Selection

2915.607 Disclosure of mistakes beforeaward.

2915.608 Proposal evaluation.2915.612 Formal source selection.

Subpart 2915.8—Price Negotiation

2915.803 General.2915.804 Cost or pricing data.2915.804–3 Exemptions from or waiver of

submission of certified cost or pricingdata.

2915.805 Proposal analysis.2915.805–5 Field pricing support.



Subpart 2915.4—Solicitation andReceipt of Proposals andQuotations

2915.404 Presolicitation notices andconferences.

A presolicitation conference (seeFAR 15.404) shall not be used unless ap-proved by the Head of the ContractingActivity or designee in accordancewith Agency or Office procedures.

2915.405 Solicitations for informationor planning purposes.

2915.405–1 General.The written determination justifying

use of a solicitation for information orplanning purposes under FAR 15.405–1shall be approved by the Head of theContracting Activity before issuance ofthe solicitation.


28

48 CFR Ch. 29 (10–1–01 Edition)2915.413

2915.413 Disclosure and use of infor-mation before award.

2915.413–1 Alternate I.The Department of Labor shall em-

ploy the procedures in FAR Alternate Iregarding disclosure and use of infor-mation.

Subpart 2915.5—UnsolicitedProposals

2915.505 Content of unsolicited pro-posals.

2915.505–1 Unsolicited research pro-posals.

In addition to the contents requiredby FAR 15.505, unsolicited proposals forresearch should contain a commitmentto provide cost-sharing.

2915.506 Agency procedures.(a) The contact points for submission

of unsolicited proposals are those offi-cials (Heads of Contracting Activities)with program responsibility listed insubpart 2901.6.

(b) Heads of Contracting Activitiesshall assure that unsolicited proposalsare controlled, evaluated, safeguardedand disposed of in accordance withFAR subpart 15.5.

Subpart 2915.6—Source Selection

2915.607 Disclosure of mistakes beforeaward.

The Head of the Contracting Activityis authorized to make the determina-tion permitting proposal correction inaccordance with the conditions in FAR15.607(c)(3) and consultation with theOffice of the Solicitor.

2915.608 Proposal evaluation.The head of contracting activity

(HCA) is authorized to make the deter-mination required by FAR 15.608(b).

[51 FR 40374, Nov. 6, 1986]

2915.612 Formal source selection.(a) The Head of the Contracting Ac-

tivity shall determine when a formalsource selection process shall be usedand shall establish procedures for im-plementing the requirements in FAR15.612.

(b) The procedures established underparagraph (a) of this section shall beforwarded for the review and approvalof the Director, Directorate of Procure-ment and Grant Management.

Subpart 2915.8—Price Negotiation

2915.803 General.

(a) Where the contractor insists on aprice or demands a profit or fee thatthe contracting officer considers un-reasonable, and the contracting officerhas taken all authorized actions to re-solve the matter (see FAR 15.803), thecontract action shall be referred to theHead of the Contracting Activity forfinal resolution.

(b) Resolution under paragraph (a) ofthis section, shall be documented andsigned by the Head of the ContractingActivity, and included in the contractfile.

2915.804 Cost or pricing data.

2915.804–3 Exemptions from or waiverof submission of certified cost orpricing data.

(a) The Head of the Contracting Ac-tivity is authorized to approve the con-tracting officer’s finding supportingthe unreasonableness of the lowestprice (see FAR 15.804–3(b)(2)(iii).

(b) The Director, Directorate of Pro-curement and Grant Management, isauthorized to waive the requirementfor submission of certified cost or pric-ing data.

(c) Requests for waiver under para-graph (b) of this section, shall be sub-mitted in writing by the Head of theContracting Activity and shall containa statement as to the reasons the waiv-er is necessary and the efforts made toobtain the data from the contractor orprospective contractor.

2915.805 Proposal analysis.

2915.805–5 Field pricing support.

(a) As prescribed in FAR 15.805–5(c),the contracting officer shall initiate acost or pricing review by sending awritten request to the Director, Direc-torate of Procurement and Grant Man-agement, OASAM. The contracting of-ficer shall allow at least 30 calendar


29


days when assigning a deadline for re-ceipt of the cost and price analysis re-port.

(b) Upon receipt of the cost or pricingreview report, the contracting officerand the price analyst (if assigned) shalldiscuss any questions regarding thecontents of the report with the re-viewer. If a question cannot be re-solved, or agreement cannot be reachedon a recommendation in the report, thecontracting officer shall prepare awritten statement for the contract filewhich discusses the issue(s) in questionand supports a final decision on thematter. An information copy of thestatement shall be promptly forwardedto the Director, Directorate of Pro-curement and Grant Management.

PART 2916—TYPES OF CONTRACTS

Subpart 2916.2—Fixed Price Contracts

Sec.2916.203 Fixed-price contracts with eco-

nomic price adjustment.2916.203–4 Contract clauses.

Subpart 2916.3—Cost-ReimbursementContracts

2916.306 Cost-plus-fixed-fee contracts.

Subpart 2916.6—Time-and-Materials,Labor-Hour, and Letter Contracts

2916.603 Letter contracts.2916.603–2 Application.

Subpart 2916.7—Agreements

2916.702 Basic agreements.



Subpart 2916.2—Fixed PriceContracts

2916.203 Fixed-price contracts witheconomic price adjustment.

2916.203–4 Contract clauses.An economic price adjustment clause

based on cost indexes of labor or mate-rial may be used under the conditionslisted in FAR 16.203–4(d) after approvalby the Director, Directorate of Pro-curement and Grant Management, isobtained.

Subpart 2916.3—Cost-Reimbursement Contracts

2916.306 Cost-plus-fixed-fee contracts.The Contracting Officer is authorized

to approve the determination estab-lishing the basis for application of thestatutory price or fee limitation pre-scribed in FAR 16.306(c)(2).

[51 FR 40374, Nov. 6, 1986]

Subpart 2916.6—Time-and-Mate-rials, Labor-Hour, and LetterContracts

2916.603 Letter contracts.

2916.603–2 Application.The Head of the Contracting Activity

is authorized to extend the period fordefinitization of a letter contract re-quired by FAR 16.603–2(c) in extremecases where it is determined in writingthat such action is in the best interestof the Government.

Subpart 2916.7—Agreements2916.702 Basic agreements.

Copies of basic agreements nego-tiated with contractors in accordancewith FAR 16.702 shall be furnished bythe Head of the Contracting Activityto the Director, Directorate of Pro-curement and Grant Management,promptly after execution by the Gov-ernment.

PART 2917—SPECIALCONTRACTING METHODS

Subpart 2917.2—Options

Sec.2917.203 Solicitations.2917.206 Evaluation.

Subpart 2917.4—Leader CompanyContracting

2917.402 Limitations.

Subpart 2917.5—Interagency AcquisitionsUnder the Economy Act

2917.502 General.




30

48 CFR Ch. 29 (10–1–01 Edition)2917.203

Subpart 2917.2—Options

2917.203 Solicitations.

Option quantities in excess of the 50percent limit prescribed in FAR17.203(g)(2) may, in unusual cir-cumstances, be approved by the Headof the Contracting Activity. The docu-mentation required by FAR 17.205(a)shall include a written justification tofully support the need for such action.

2917.206 Evaluation.

The Head of the Contracting Activityshall make the written determinationrequired by FAR 17.206(a). This deter-mination is required before use of thesolicitation provision at FAR 52.217–5,Evaluation of Options, is authorized.See FAR 17.208(c).

Subpart 2917.4—Leader CompanyContracting

2917.402 Limitations.Use of leader company contracting

for a product, subject to the limita-tions in FAR 17.402, shall require theadvance authorization of the Director,Directorate of Procurement and GrantManagement. Authorization requestsshall document the circumstances re-quiring such action and shall be sub-mitted by the Head of the ContractingActivity.

Subpart 2917.5—Interagency Ac-quisitions Under the EconomyAct

2917.502 General.The head of the contracting activity

is authorized to make the determina-tion prescribed in FAR 17.502 in accord-ance with the requirements containedin FAR 17.503.

[51 FR 40374, Nov. 6, 1986]


31

SUBCHAPTER D—SOCIOECONOMIC PROGRAMS

PART 2919—SMALL BUSINESS ANDSMALL DISADVANTAGED BUSI-NESS CONCERNS

Subpart 2919.2—Policies

Sec.2919.201 General policy.2919.202 Specific policies.2919.202–2 Locating small business sources.2919.202–5 Data collection and reporting re-

quirements.2919.202–70 Annual plans and program goals.

Subpart 2919.5—Set-Asides for SmallBusiness

2919.501 General.2919.503 Setting aside a class of acquisi-

tions.2919.503–70 Class set-aside for construction

acquisitions.2919.505 Rejection of set-aside recommenda-

tions.2919.506 Withdrawal or modification of set-

asides.

Subpart 2919.6—Certificates of Com-petency and Determinations of Eligi-bility

2919.602 Procedures.2919.602–1 Referrals.

Subpart 2919.7—Subcontracting With SmallBusiness and Small DisadvantagedBusiness Concerns

2919.705 Responsibilities of the contractingofficer under the subcontracting assist-ance program.

2919.705–3 Solicitations.2919.705–4 Reviewing the subcontracting

plan.2919.705–5 Awards involving subcontracting

plans.2919.705–6 Postaward responsibilities of the

contracting officer.2919.708 Solicitation provisions and con-

tract clauses.

Subpart 2919.8—Contracting With theSmall Business Administration

2919.802 Selecting firms for DOL acquisi-tions.

2919.803 Selecting acquisitions for the 8(a)program.

2919.810 Contract administration.



Subpart 2919.2—Policies

2919.201 General policy.

(a) The Director, Office of Small andDisadvantaged Business Utilization(OSDBU), is responsible for performingall functions and duties prescribed inFAR 19–201(c) and for:

(1) Developing and monitoring poli-cies, procedures and regulations for ef-fective administration of the Depart-ment’s small business and small dis-advantaged business program;

(2) Coordinating issues with thesmall and disadvantaged business spe-cialist (SDBS) in each contracting of-fice regarding the Department’s smalland small disadvantaged business pro-gram;

(3) Conducting surveys and reviews ofDOL contracting offices related to thesmall business and small disadvantagedbusiness program, recommendingchanges and corrective action, as ap-propriate; and

(4) Representing the Department be-fore other Government agencies onmatters primarily affecting small busi-ness, small disadvantaged business,women-owned business, historicallyblack colleges and universities (HBCU),and advising the Under Secretary andother officials on matters relating tothe program.

(b) The Head of the Contracting Ac-tivity, or designee, in addition to therequirements of FAR 19.201(b), shall beresponsible for:

(1) Establishing annual goals for thesmall disadvantaged business pro-grams; and

(2) Appointing, as prescribed in FAR19.201(d), a small and disadvantagedbusiness specialist (SDBS) for eachcontract office.

(c) The small and disadvantaged busi-ness specialist (SDBS) shall serve asadvisor to the Head of the ContractingActivity, and shall be the contractingactivity’s central point of contact forinquiries and advice pertaining to thesmall business and small disadvantagedbusiness program. The SDBS shall beresponsible for:


32

48 CFR Ch. 29 (10–1–01 Edition)2919.202

(1) Maintaining a program to locatecapable small business, small disadvan-taged business, and women-owned busi-ness sources to fulfill the Department’sacquisition requirements;

(2) Coordinating inquiries and re-quests for advice from small business,small disadvantaged business, women-owned business concerns and HBCU onDOL contracting and subcontractingopportunities and other acquisitionmatters;

(3) Ensuring that contracting officesare kept abreast of new or revisedsmall business, small disadvantagedbusiness, women-owned business andHBCU regulations, policies, proceduresand other related information;

(4) Assisting in the Agency’s advanceacquisition planning process;

(5) Reviewing all requirements to as-sure that small business, small dis-advantaged business, women-ownedbusiness, businesses located in laborsurplus areas (LSA) and HBCU will beafforded an equitable opportunity tocompete, and as appropriate, initiatingrecommendations for small businessset-asides;

(6) Reviewing proposed requirementsfor possible breakout of items or serv-ices suitable for acquisition from par-ticipants of the small and disadvan-taged business programs;

(7) Attending, as appropriate,debriefings to unsuccessful small busi-ness and small disadvantaged businessconcerns to assist those firms in under-standing requirements for responsive-ness and responsibility so that the firmmay be able to better qualify for futureawards;

(8) Participating in the evaluation ofsmall business and small disadvantagedbusiness subcontracting plans forprime contractors and other evaluationactivities, as appropriate;

(9) Maintaining a list of products andservices which have been placed as re-petitive small business set-asides;

(10) Developing and maintainingrecords necessary to demonstrate max-imum support for DOL’s preferentialprograms, ensuring compilation of cur-rent, accurate, and complete data; andpreparing all reports pertaining to pro-gram activities;

(11) Participating in the develop-ment, implementation, and review of

automated source systems to assurethat the interest of small business,small disadvantaged business, women-owned business, and HBCU are fullyconsidered;

(12) Participating, as required, ingovernmental-industry conferences toassist small business, disadvantagedbusiness, women-owned business, andHBCU, including Congressionally-spon-sored Federal acquisition conferences,minority business enterprises acquisi-tion seminars, and business oppor-tunity committee meetings;

(13) Initiating action, in writing,with appropriate personnel to assurethe availability of adequate specifica-tions and drawings, when necessary, toobtain small business, small disadvan-taged business, women-owned businessand HBCU participation in current andfuture acquisitions.

2919.202 Specific policies.

2919.202–2 Locating small businesssources.

(a) It is the policy of the DOL to uti-lize the services of the SBA Procure-ment Automatic Source System(PASS) to identify small and small dis-advantaged business sources. Obtainingsources from PASS or from local mail-ing lists does not negate the require-ment that the contracting officer ad-vertise the acquisition in accordancewith FAR 5.

(b) Historically black colleges anduniversities shall be considered assources for fulfilling requirements ex-cept for small business set-asides.

2919.202–5 Data collection and report-ing requirements.

In addition to the requirements ofFAR 19.202–5, DOL Agencies/Officesshall accurately measure the extent ofparticipation by historically black col-leges and universities in their acquisi-tions in terms of the total value of con-tracts placed with such organizationsduring each fiscal year, and report datato the OSDBU at the end of the secondand fourth quarters of each fiscal year.The OSDBU shall forward the Depart-ment’s consolidated data to the De-partment of Education.


33


2919.202–70 Annual plans and programgoals.

(a) Heads of Contracting Activitiesshall develop annual goals for each cat-egory of the small business and smalldisadvantaged business utilization pro-grams, which shall include projectedacquisition awards to small businesses,minority businesses, 8(a) concerns,women-owned businesses, and HBCU.

(1) To the greatest extent possible,the goals shall be based on advanceprocurement plans, budget justifica-tions, and past performance.

(2) Goals must comply with the cri-teria established by OSDBU.

(b) Goals are to be submitted to theOSDBU upon request of the Director.OSDBU shall analyze and evaluate pro-posed goals, consolidate departmentalgoals and forward such to the SmallBusiness Administration (SBA), theGeneral Services Administration(GSA), and the Minority Business De-velopment Agency (MBDA), Depart-ment of Commerce.

(c) OSDBU may be required to nego-tiate final departmental goals, depend-ing on SBA, GSA, and/or MBDA con-currence or nonconcurrence.

Subpart 2919.5—Set-Asides forSmall Business

2919.501 General.(a) The SDBS shall review individual

requirements prior to issuance of so-licitations to determine the suitabilityof the acquisition for award to the SBAunder the section 8(a) Program (seeFAR 19.803).

(b) When the requirement cannot beawarded under section 8(a) procedures,the SDBS shall review individual re-quirements to determine the feasibilityof small business set-asides in theorder of precedence set forth in FAR19.504. The SDBS recommendationshall be entered on Form DL1–2004,‘‘Small Business Determination,’’ withthe reasons for the ‘‘pro’’ or ‘‘con’’ set-aside recommendation. The form shallbe placed in the contract file.

(c) Upon receipt of the SDBS rec-ommendation, the contracting officershall promptly approve or disapprovethe SDBS recommendation, stating inwriting the reasons for any dis-

approval. If the contracting officer dis-approves the SDBS recommendation,the proposed acquisition shall bepromptly referred to the SBA PCRwhere available, for review; or whereno SBA PCR is available, to the Headof the Contracting Activity. All nega-tive recommendations shall be for-warded concurrently to the OSDBU.

(d) All requirements expected to ex-ceed $10,000 which have not been set-aside for small business shall be fur-ther reviewed by the SBA PCR, whoshall indicate approval or disapprovalof the SDBS/contracting officer’s nega-tive recommendation on Form DL 1–2004. If the SBA disapproves the SDBS/contracting officer’s recommendation,the proposed action shall be appealedas provided in FAR 19.402(c)(3).

(e) All future requirements for prod-ucts or services previously acquired ona small business set-aside basis andwhich are not subject to simplifiedsmall purchase procedures, shall be ac-quired on the basis of a repetitive set-aside.

2919.503 Setting aside a class of acqui-sitions.

2919.503–70 Class set-aside for con-struction acquisitions.

(a) Each requirement for construc-tion, alterations, maintenance, and re-pair (including architect-engineer serv-ices), estimated to cost up to $2 millionshall be set aside for exclusive smallbusiness participation. Such set-asidesshall be considered to be unilateralsmall business set-asides, and shall bewithdrawn only in accordance with theprocedures of FAR 19.506 and 2919.506 iffound not to serve the best interest ofthe Government.

(b) Small business set-aside pref-erences for construction acquisitions inexcess of $2 million shall be consideredon a case-by-case basis under condi-tions prescribed in FAR 19.502–2.

2919.505 Rejection of set-aside rec-ommendations.

The Under Secretary of Labor shallmake final decisions on any appeals ofthe Administrator of SBA concerning aDOL contracting officer’s adverse set-aside recommendation. The con-tracting officer’s written justificationin support of the decision to reject the


34

48 CFR Ch. 29 (10–1–01 Edition)2919.506

set-aside recommendation shall be ap-proved by the Head of the ContractingActivity. The justification shall thenbe forwarded for review through the Di-rector, Directorate of Procurement andGrant Management, and the Director,OSDBU, to the Under Secretary ofLabor.

2919.506 Withdrawal or modificationof set-asides.

Disagreements between the con-tracting officer and the SDBS con-cerning withdrawals or modificationsof individual or class set-asides shall beresolved by the SBA PCR in the Na-tional Office, or by the Head of theContracting Activity where no SBAPCR is available. The SDBS shall con-currently notify the OSDBU of suchdisagreements.

Subpart 2919.6—Certificates ofCompetency and Determina-tions of Eligibility


2919.602–1 Referrals.

Referrals by the contracting officerin accordance with FAR 19.602–1 shallbe approved by the head of the con-tracting activity prior to submission tothe appropriate SBA office. The con-tracting officer shall forward copies ofeach referral to the Director, OSDBU.

Subpart 2919.7—SubcontractingWith Small Business and SmallDisadvantaged Business Con-cerns

2919.705 Responsibilities of the con-tracting officer under the subcon-tracting assistance program.

2919.705–3 Solicitations.

The contracting officer shall forwardto the OSDBU any solicitation ex-pected to result in a contract exceeding$500,000 ($1 million for construction of apublic facility) prior to release to thepublic to ensure that appropriate sub-contracting provisions are included inthe Request for Proposals or Invita-tions for Bids. The OSDBU shall be al-lowed up to five working days for re-view of the solicitation, depending on

the circumstances and complexity ofthe individual procurement.

2919.705–4 Reviewing the subcon-tracting plan.

The OSDBU shall be afforded the op-portunity to review subcontractingplans submitted by apparent successfulofferors to determine if small andsmall disadvantaged businesses are af-forded the maximum practicable oppor-tunity to participate as subcontrac-tors. OSDBU shall recommend to thecontracting officer needed changes tosubcontracting plans determined to beunacceptable.

2919.705–5 Awards involving subcon-tracting plans.

The contracting officer shall forwardfor review, upon request of the Direc-tor, OSDBU, any acquisition packageprior to execution of any negotiatedcontractual document requiring sub-contracting plans.

2919.705–6 Postaward responsibilitiesof the contracting officer.

(a) The contracting officer shall for-ward to the Director, OSDBU, a copy ofany subcontracting plan that was in-corporated into a contract or contractmodification.

(b) The contracting officer shallmaintain a list of active prime con-tracts containing a subcontractingplan.

(c) Contracting officers shall collectquarterly and semi-annually subcon-tracting data from contractors re-quired to establish subcontractingplans in support of small and small dis-advantaged business concerns. Copiesof the semi-annual report, StandardForm 294 (Subcontracting Report forIndividual Contracts), and the quar-terly report, Standard Form 295 (Sum-mary Subcontracting Report), shall beforwarded to the Director, OSDBU, notlater than the 30th day of the monthfollowing the close of the reporting pe-riod.

2919.708 Solicitation provisions andcontract clauses.

Advance approval is required prior toincluding any small and small dis-advantaged business concerns incentive


35


subcontracting provisions in any con-tract. Requests for approval shall besubmitted by the Head of the Con-tracting Activity through the Director,Directorate of Procurement and GrantManagement, to the Director, OSDBU.

Subpart 2919.8—Contracting Withthe Small Business Administration

2919.802 Selecting firms for DOL ac-quisitions.

Contracting opportunities marketedby individual 8(a) firms may be re-served for the firm or group of firmswhich identified the opportunity; how-ever, each 8(a) firm or group of firmsnominated by DOL for a specific re-quirement must be approved by SBAfor that particular requirement priorto any DOL technical discussions withthe firm(s).

2919.803 Selecting acquisitions for the8(a) program.

(a) Each DOL Agency shall identifyin tentative Annual Advance Procure-ment Plans acquisitions to be fulfilledby 8(a) firms. Such tentative plansshall provide detailed descriptions ofthe nature of the services or work, orany other information pertinent to therequirement.

(b) Project officers shall also be re-sponsible for cooperating with theOSDBU to actively locate and identifyqualified 8(a) sources and to structureand tailor acquisitions to permit theirparticipation.

2919.810 Contract administration.

(a) Contracting officers, or designees,shall conduct periodic evaluations rel-ative to the performance of an 8(a) con-tract at various stages of the contractperiod of performance. Any problemsencountered during the performanceevaluation which cannot be resolvedshall be referred to OSDBU for subse-quent review and discussion with theappropriate SBA official.

(b) The OSDBU and SBA are to be no-tified at least 45 days prior to initi-ating final action to terminate a sec-tion 8(a) contract.

PART 2920—LABOR SURPLUS AREACONCERNS


Sec.2920.102 General policy.

Subpart 2920.2—Set-Asides

2920.201 Set-asides for labor surplus areaconcerns.

2920.201–1 Total set-asides.2920.201–70 Set-asides for construction ac-

quisitions.




2920.102 General policy.

It is the policy of the Department ofLabor (DOL) to award acquisitionswith eligible labor-surplus area (LSA)concerns in accordance with FAR part20. Responsibility for implementing theDOL LSA program is assigned to theOffice of Small and DisadvantagedBusiness Utilization.

Subpart 2920.2—Set-Asides

2920.201 Set-asides for labor surplusarea concerns.

2920.201–1 Total set-asides.

Acquisitions shall be reviewed for po-tential combined small business/LSAset-aside consideration in accordancewith FAR 19.501 and 2919.501.

2920.201–70 Set-asides for constructionacquisitions.

(a) As prescribed in 2919.503–70, all ac-quisitions for construction, alter-ations, maintenance and repair (includ-ing architect-engineer services) esti-mated to cost up to $2 million shall beset-aside on a class basis for combinedsmall business/LSA concern when theconstruction site is located in a LSA.

(b) Small business/LSA set-asidepreference for construction acquisi-tions in excess of $2 million shall beconsidered on a case-by-case basisunder conditions prescribed in FAR20.201–1.


36

48 CFR Ch. 29 (10–1–01 Edition)Pt. 2922

PART 2922—APPLICATION OFLABOR LAWS TO GOVERNMENTACQUISITIONS

Subpart 2922.1—Basic Labor Policies

Sec.2922.101 Labor relations.2922.101–3 Reporting labor disputes.2922.101–4 Removal of items from contractor

facilities affected by work stoppage.2922.103 Overtime.2922.103–4 Approvals.

Subpart 2922.6—Walsh-Healy PublicContracts Act

2922.604 Exemptions.2922.604–2 Regulatory exemptions.2922.608 Procedures.2922.608–4 Award pending final determina-

tion.

Subpart 2922.8—Equal EmploymentOpportunity

2922.803 Responsibilities.2922.804 Affirmative action programs.2922.804–2 Construction.2922.805 Procedures.2922.807 Exemptions.

Subpart 2922.13—Special Disabled andVietnam Era Veterans

2922.1303 Waivers.2922.1306 Complaint procedures.

Subpart 2922.14—Employment of theHandicapped

2922.1403 Waivers.2922.1406 Complaint procedures.



Subpart 2922.1—Basic LaborPolicies

2922.101 Labor relations.

2922.101–3 Reporting labor disputes.

Potential or actual labor disputesthat may interfere with contract per-formance shall be reported by the con-tracting activity to the Office of theSolicitor for legal advice or assistance.

2922.101–4 Removal of items from con-tractor facilities affected by workstoppage.

Prior to initiating any action underFAR 22.101–4 for removal of items fromcontractors’ facilities, the contractingofficer shall obtain legal advice fromthe Office of the Solicitor.

2922.103 Overtime.

2922.103–4 Approvals.

The Head of the Contracting Activityis authorized to approve the use ofovertime in accordance with the limi-tations in FAR 22.103–4(a).

Subpart 2922.6—Walsh-HealyPublic Contracts Act

2922.604 Exemptions.

2922.604–2 Regulatory exemptions.

The Secretary of Labor may exemptcontracts from the Walsh Healy PublicContracts Act under FAR 22.604(c). Awritten finding justifying the exemp-tion (see FAR 22.604–2(c)) shall be sub-mitted by the Head of the ContractingActivity to the Director, Directorate ofProcurement and Grant Management,for further action.


2922.608–4 Award pending final deter-mination.

The contracting officer’s certifi-cation for award under FAR 22.608–4(a)shall be approved by the Head of theContracting Activity.

Subpart 2922.8—EqualEmployment Opportunity

2922.803 Responsibilities.

Matters involving the applicabilityof Executive Order 11246 and imple-menting regulations of the Secretaryof Labor to an acquisition or a class ofacquisitions shall be reduced to writingby the contracting officer and for-warded through the Head of the Con-tracting Activity to the Director, Di-rectorate of Procurement and GrantManagement, for resolution.


37


2922.804 Affirmative action programs.

2922.804–2 Construction.Heads of Contracting Activities are

responsible for maintaining lists ofgeographical areas subject to affirma-tive action requirements under FAR22.804–2. Lists of areas for whichOFCCP has designated specific affirma-tive action requirements are availablethrough OFCCP. The list, including up-dates or revisions, shall be distributedto all contract offices which acquireconstruction.

2922.805 Procedures.The contract office shall maintain

ample supplies of the poster (OFCCP–1420) entitled, ‘‘Equal Opportunity isthe Law’’ for use as required in FAR22–805(b). The poster (stock number7690–00–926–8988) may be ordered fromthe nearest regional GSA SupplyDepot.

2922.807 Exemptions.(a) The Assistant Secretary for Ad-

ministration and Management shallmake the determinations in FAR22.807(a)(1).

(b) Requests for exemptions underFAR 22.807 (a)(1), (a)(2), and (b)(5) shallbe submitted in writing in accordancewith FAR 22.807(c) by the contractingofficer, through the Head of the Con-tracting Activity, to the Director, Di-rectorate of Procurement and GrantManagement, for further action.

Subpart 2922.13—Special Dis-abled and Vietnam Era Vet-erans

2922.1303 Waivers.(a) The Assistant Secretary for Ad-

ministration and Management is au-thorized to (1) waive any or all terms ofthe clause at FAR 52.222–35, Affirma-tive Action for Special Disabled andVietnam Era Veterans, under the con-ditions prescribed in FAR 22.1303(a) and(2) waive any requirement in FAR sub-part 22.13 as prescribed in FAR22.1303(b).

(b) Requests for waivers under para-graph (a) of this section shall be madein writing by the contracting officerand submitted through the Head of the

Contracting Activity to the Director,Directorate of Procurement and GrantManagement, for further action.

2922.1306 Complaint procedures.

The contracting office shall forwardcomplaints received about the Admin-istration of the Vietnam Era VeteransReadjustment Assistance Act of 1972directly to the Assistant Secretary forVeteran’s Employment Service, DOL,as prescribed in FAR 22.1306.

Subpart 2922.14—Employment ofthe Handicapped

2922.1403 Waivers.

(a) The Assistant Secretary for Ad-ministration and Management is au-thorized to (1) waive any or all of theterms of the clause at FAR 52.222–36,Affirmative Action for HandicappedWorkers, under the conditions pre-scribed in FAR 22.1403(a) and (2) waiveany requirement in FAR subpart 22.14as prescribed in FAR 22.1403(b).

(b) Requests for waivers under para-graph (a) of this section, shall be madein writing by the contracting officerand submitted through the Head of theContracting Activity to the Director,Directorate of Procurement and GrantManagement.

2922.1406 Complaint procedures.

The contracting office shall forwardcomplaints received about administra-tion of section 503 of the RehabilitationAct of 1973, as amended, directly to theOFCCP as prescribed in FAR 22.1406.

PART 2923—ENVIRONMENT, CON-SERVATION, AND OCCUPA-TIONAL SAFETY

Subpart 2923.1—Pollution Control andClean Air and Water

Sec.2923.104 Exemptions.2923.107 Compliance responsibilities.




38

48 CFR Ch. 29 (10–1–01 Edition)2923.104

Subpart 2923.1—Pollution Controland Clean Air and Water

2923.104 Exemptions.

(a) The Assistant Secretary for Ad-ministration and Management is au-thorized to exempt controls from therequirements of FAR subpart 23.1 underthe conditions in FAR 23.104(c).

(b) Requests for exemption shall bemade in writing by the contracting of-ficer and forwarded through the Headof the Contracting Activity to the Di-rector, Directorate of Procurement andGrant Management, for further action.

2923.107 Compliance responsibilities.

Conditions involving noncompliancewith clean air or water standards in fa-cilities used in performing nonexemptcontracts shall be reported in writingby the contracting officer to the Headof the Contracting Activity for trans-mittal directly to the EPA Adminis-trator in accordance with FAR 23.107. Acopy of the report shall be promptlysent to the Director, Directorate ofProcurement and Grant Management.

PART 2924—PROTECTION OF PRI-VACY AND FREEDOM OF INFOR-MATION

Subpart 2924.1—Protection of IndividualPrivacy

Sec.2924.103 Procedures.

Subpart 2924.2—Freedom of InformationAct

2924.202 Policy.


Subpart 2924.1—Protection ofIndividual Privacy


See 29 CFR part 70a.—Protection ofIndividual Privacy on Records, for theDOL Regulations relating to the main-tenance or disclosure of informationfrom systems of records on individuals.

[50 FR 8934, Mar. 5, 1985]

Subpart 2924.2—Freedom ofInformation Act

2924.202 Policy.See 29 CFR part 70—Examination and

Copying of Department of LaborRecords, for the DOL regulations im-plementing the Freedom of Informa-tion Act.

[50 FR 8934, Mar. 5, 1985]

PART 2925—FOREIGNACQUISITION

Subpart 2925.1—Buy American Act—Supplies

Sec.2925.102 Policy.2925.105 Evaluating offers.2925.108 Excepted articles, materials, and

supplies.

Subpart 2925.2—Buy American Act—Construction Materials

2925.202 Policy.2925.203 Evaluating offers.2925.204 Violations.

Subpart 2925.3—Balance of PaymentsProgram

2925.302 Policy.2925.304 Excess and non-excess foreign cur-

rencies.

Subpart 2925.7—Restrictions on CertainForeign Purchases

2925.703 Exceptions.

Subpart 2925.9—Omission of theExamination of Records Clause

2925.903 Conditions for omission.



Subpart 2925.1—Buy AmericanAct—Supplies

2925.102 Policy.(a) The Assistant Secretary for Ad-

ministration and Management shallmake the determinations prescribed inFAR 25.102 (a)(2) and (a)(3).

(b) The Director, Directorate of Pro-curement and Grant Management,


39


shall make the determination pre-scribed in FAR 25.102(a)(4) in accord-ance with the procedures in 2925.108.

(c) Determinations under paragraph(a) of this section shall be prepared bythe contracting officer and submittedby the Head of the Contracting Activ-ity to the Director, Directorate of Pro-curement and Grant Management, forfurther action.

2925.105 Evaluating offers.(a) In unusual circumstances, the As-

sistant Secretary for Administrationand Management may determine to useevaluation differentials other thanthose prescribed in FAR 25.105 for aparticular acquisition.

(b) Requests for use of other evalua-tion differentials shall be directed bythe Head of the Contracting Activityto the Director, Directorate of Pro-curement and Grant Management forfurther action.

2925.108 Excepted articles, materials,and supplies.

(a) Determinations for additional ar-ticles, materials, and supplies not in-cluded in the list under FAR 25.108(d)shall be made by the Director, Direc-torate of Procurement and Grant Man-agement.

(b) Determinations shall be preparedby the contracting officer and sub-mitted by the Head of the ContractingActivity for approval.

(c) Contracting activities which haveinformation justifying the removal ofan item from the list under FAR25.108(d) shall submit such informationto the Director, Directorate of Pro-curement and Grant Management, forfurther disposition as prescribed inFAR 25.108(c).

Subpart 2925.2—Buy AmericanAct—Construction Materials

2925.202 Policy.(a) The Assistant Secretary for Ad-

ministration and Management shallmake the determinations prescribed inFAR 25.202(a)(2) and 2925.203.

(b) The Director, Directorate of Pro-curement and Grant Management,shall make the determination pre-scribed in FAR 25.202(a)(3) in accord-ance with the procedures in 2925.108.

(c) Determinations under paragraph(a) of this section shall be prepared bythe contracting officer and submittedby the Head of the Contracting Activ-ity to the Director, Directorate of Pro-curement and Grant Management, forfurther action.

2925.203 Evaluating offers.

Unless the Assistant Secretary forAdministration and Management de-termines otherwise, when the cost of acomparable domestic construction ma-terial exceeds by more than 6 percentfor large business or 12 percent forsmall business or labor surplus areaset-aside the cost of a foreign construc-tion material proposed in an offer, useof the domestic construction materialwould unreasonably increase the costof the contract and use of the foreignconstruction material is authorizedand acceptable. This evaluation shallbe made for each foreign constructionmaterial proposed in an offer and notspecifically excepted by the solicita-tion. The cost of construction materialshall be computed to include all deliv-ery costs to the construction site, andthe cost of foreign construction mate-rial shall also include any applicableduty (whether or not a duty-free entrycertificate may be issued). The accept-able offer that remains low after add-ing (for evaluation purposes only) 6percent or 12 percent, as applicable, ofthe cost of all foreign construction ma-terials shall be considered the success-ful offer. The contract awarded underthese circumstances shall contain alist of the authorized foreign construc-tion materials as required by FAR25.202(c) and the clause at FAR 52.225–5,Buy American Act—Construction Ma-terials.

2925.204 Violations.

Failure of the contractor to complywith the clause at FAR 52.225–5, BuyAmerican Act—Construction Mate-rials, shall be documented in a reportby the contracting officer and sub-mitted to the Head of the ContractingActivity for initiation of debarmentaction in accordance with subpart2909.4.


40

48 CFR Ch. 29 (10–1–01 Edition)2925.302

Subpart 2925.3—Balance ofPayments Program

2925.302 Policy.(a) The Director, Directorate of Pro-

curement and Grant Management,shall make the determination pre-scribed in FAR 25.302(b)(3) and 25.304(c).Differentials greater than 50 percentmay be authorized as prescribed inFAR 25.302(c).

(b) Determinations under paragraph(a) of this section shall be prepared bythe contracting officer and submittedby the Head of the Contracting Activ-ity to the Director, Directorate of Pro-curement and Grant Management, forfurther action.

2925.304 Excess and non-excess for-eign currencies.

The Director, Directorate of Procure-ment and Grant Management, shallconsult with the Office of Managementand Budget as required in FAR 25.304(c)prior to making the determination in2925.302(a).

Subpart 2925.7—Restrictions onCertain Foreign Purchases

2925.703 Exceptions.(a) The Assistant Secretary for Ad-

ministration and Management is au-

thorized to approve exceptions, as pre-scribed in FAR 25.703, for all contractsother than small purchases.

(b) Determinations under paragraph(a) of this section shall be prepared bythe contracting officer and submittedby the Head of the Contracting Activ-ity to the Director, Directorate of Pro-curement and Grant Management, forfurther action.

Subpart 2925.9—Omission of theExamination of Records Clause

2925.903 Conditions for omission.

(a) The Assistant Secretary for Ad-ministration and Management shallmake the determination prescribed inFAR 25.903 (a)(1) and (a)(2).

(b) Determinations under paragraph(a) of this section shall be prepared bythe contracting officer in accordancewith the requirements of FAR 25.904and submitted by the Head of the Con-tracting Activity to the Director, Di-rectorate of Procurement and GrantManagement, for further action.

(c) The report required by FAR25.903(b) shall be prepared and for-warded by the Directorate of Procure-ment and Grant Management.


41

SUBCHAPTER E—GENERAL CONTRACTING REQUIREMENTS

PART 2928—BONDS ANDINSURANCE


Subpart 2928.2—Sureties

2928.203 Options in lieu of sureties.Upon receipt of any of the types of

securities listed in FAR 28.203–1 (exceptbonds or notes received in the Districtof Columbia) or FAR 28.203–2, the con-tracting officer shall turn the securi-ties over to the finance office.

[50 FR 8935, Mar. 5, 1985]

PART 2929—TAXES


Sec.2929.101 Resolving tax problems.

Subpart 2929.3—State and Local Taxes

2929.303 Applications of State and localtaxes to Government contractors andsubcontractors.



2929.101 Resolving tax problems.Contract tax problems or questions

shall be referred by the contracting of-ficer to the Office of the Solicitor forresolution.

[50 FR 8935, Mar. 5, 1985]

Subpart 2929.3—State and LocalTaxes

2929.303 Applications of State andlocal taxes to Government contrac-tors and subcontractors.

(a) Contractors to be treated asagents of the Government for the pur-poses set forth in FAR 29.303(a) shallrequire the written review and ap-proval of the Assistant Secretary forAdministration and Management.

(b) Requests for approval under para-graph (a) of this section shall be sub-mitted by the Head of the Contracting

Activity, through the Office of the So-licitor, to the Director, Directorate ofProcurement and Grant Management,for further action.

[50 FR 8935, Mar. 5, 1985]

PART 2930—COST ACCOUNTINGSTANDARDS


Subpart 2930.3—CAS ContractRequirements

2930.304 Waiver.(a) The Director, Directorate of Pro-

curement and Grant Management, isauthorized to waive CASB require-ments as provided in FAR 30.304(c).

(b) Requests for waivers under para-graph (a) of this section shall be pre-pared by the contracting officer as pre-scribed in FAR 30.304(a) and submittedby the Head of the Contracting Activ-ity.

[50 FR 8935, Mar. 5, 1985]

PART 2931—CONTRACT COSTPRINCIPLES AND PROCEDURES


Subpart 2931.1—Applicabililty

2931.101 Objectives.Individual and class deviations con-

cerning cost principles in FAR part 31shall be processed as prescribed in sub-part 2901.4.

[50 FR 8935, Mar. 5, 1985]

PART 2932—CONTRACTFINANCING


Sec.2932.102 Description of contract financing

methods.

Subpart 2932.4—Advance Payments

2932.402 General.


42

48 CFR Ch. 29 (10–1–01 Edition)2932.102

Subpart 2932.5—Progress Payments Basedon Costs

2932.502 Preaward matters.2932.502–2 Contract finance office clearance.

Subpart 2932.6—Contract Debts

2932.605 Responsibilities and cooperationamong Government officials.




2932.102 Description of contract fi-nancing methods.

(a) Progress payments based on a per-centage or stage of completion accom-plished are authorized for use in con-tracts for construction, alteration, orrepair.

(b) The Head of the Contracting Ac-tivity, or designee, is authorized to ap-prove the use of progress paymentsbased on percentage or stage of com-pletion accomplished for contractsother than those listed in paragraph (a)of this section.

(c) Requests for approval under para-graph (b) of this section, shall be in theform of a written determination by thecontracting officer that:

(1) Use of progress payments based oncosts (see FAR subpart 32.5) is imprac-ticable; and

(2) Adequate measures exist for de-termining percentage or stage of com-pletion as a basis for determining pay-ment.

Subpart 2932.4—AdvancePayments

2932.402 General.(a) The Director, Directorate of Pro-

curement and Grant Management, isauthorized to approve findings and de-terminations and contract terms foradvance payments as prescribed inFAR subpart 32.4.

(b) The contracting officer shall re-view and analyze the contractor’s ap-plication for advance payments to de-termine if it meets the information re-quirements of FAR 32.408. Applicationswhich do not contain the required in-formation shall not be processed until

such information is obtained from thecontractor.

(c) The contracting officer shall sub-mit a recommendation for approval ordisapproval of the contractor’s requestthrough the Head of the Servicing Fi-nance Office (see FAR 32.402(e)(2)) tothe Head of the Contracting Activityfor transmittal to the Director, Direc-torate of Procurement and Grant Man-agement, under paragraph (a) of thissection. Recommendations which donot contain the information requiredby FAR 32.409–1 or FAR 32.409–2 willnot be processed by the Directorate ofProcurement and Grant Management.

Subpart 2932.5—ProgressPayments Based on Costs

2932.502 Preaward matters.

2932.502–2 Contract finance officeclearance.

(a) The contracting officer shall ob-tain the approval of the Head of theContracting Activity before providinga progress payment rate higher thanthe customary rates prescribed in FAR32.501–1.

(b) For deviations to progress pay-ment terms prescribed under FAR part32, the contracting officer shall obtainapproval as prescribed in 2901.403.

(c) The contracting officer shall ob-tain the approval of the servicing fi-nance office for the contract beforetaking the action in FAR 32.502–2.

Subpart 2932.6—Contract Debts

2932.605 Responsibilities and coopera-tion among Government officials.

(a) The DOL contracting officer hasprimary responsibility for determiningthe amount of contract debt and noti-fying the cognizant finance office ofsuch debt due the Government. Theservicing DOL finance office makingpayments under the contract has pri-mary responsibility for debt collection.

(b) Each DOL Agency/Office is re-sponsible for developing an internaldebt collection system and prescribinginternal procedures for collection ofdebts, including contract debts coveredunder FAR subpart 32.6. Agency/Officeprocedures should be in conformance


43


with policies and procedures issued byDOL.

PART 2933—PROTESTS, DISPUTES,AND APPEALS

Subpart 2933.1—Protests

Sec.2933.102 General.2933.103 Protests to the DOL Agency.2933.104 Protests to the GAO.2933.105 Protests to the General Services

Administration Board of Contract Ap-peals.

Subpart 2933.2—Disputes and Appeals

2933.203 Applicability.2933.203–70 Department of Labor Board of

Contract Appeals.2933.209 Suspected fraudulent claims.2933.211 Contracting officer’s decision.2933.212 Contracting officer’s duties upon

appeal.


Subpart 2933.1—Protests

SOURCE: 51 FR 40375, Nov. 6, 1986, unlessotherwise noted.

2933.102 General.The Director, Office of Procurement

and Grant Policy, Directorate of Pro-curement and Grant Management,shall be responsible for coordinatingbid protests filed with the General Ac-counting Office (GAO). All communica-tions relative to protests filed withGAO or GSBCA shall be coordinatedwith the Director, Office of Procure-ment and Grant Policy. Bid protestsconcerning automatic data processing(ADP) acquisitions filed with the Gen-eral Services Administration Board ofContract Appeals (GSBCA) shall be co-ordinated by the contracting officer.

2933.103 Protests to the DOL Agency.When protests are filed with a DOL

Agency and received before award, thecontracting office shall obtain the ad-vice of the Director, Office of Procure-ment and Grant Policy, before makingthe determination under FAR 33.103(a).

2933.104 Protests to the GAO.(a) Notice of protest. Upon being ad-

vised telephonically by GAO or the re-

ceipt of a protest before or after award,the Office of Procurement and GrantPolicy shall inform the appropriatecontracting officer and request prepa-ration of the protest report required byFAR 33.104(a)(2). For GAO protests con-cerning ADP acquisitions, the Office ofProcurement and Grant Policy shallalso inform the Director, Directorateof Information Resources Management,who, in turn, shall notify the appro-priate DOL Agency Information Re-sources Management (IRM) contact. Asrequired by FAR 33.104(a)(3) and 4 CFR21.3, the contracting officer shallpromptly notify all interested parties,including offerors (or the contractor, ifthe protest is after award) involved inor affected by the protest, that a pro-test has been filed with GAO and thebasis for the protest. A written recordof such notification shall be placed inthe contract file. After receiving acopy of the protest from GAO and itsrequest for an administrative report,the Office of Procurement and GrantPolicy will promptly furnish the sameto the contracting officer. The con-tracting officer shall promptly trans-mit by letter a copy of the protest toall interested parties previously noti-fied and include a statement requiringfurnishing of views and information di-rectly to GAO. Copies of cover lettersshall be sent to the Director, Office ofProcurement and Grant Policy. Coverletters shall set forth a specified periodof time for submission of comments(see FAR 33.104(a)(3)) and include in-structions that any comments sub-mitted to GAO should also be sub-mitted simulaneously to the con-tracting officer and the Director, Officeof Procurement and Grant Policy. Ma-terials submitted by the protester maybe withheld from interested parties inaccordance with 4 CFR 21.3(b).

(b) Submission of report. (1) All per-sonnel shall handle protests on a pri-ority basis. Within 25 work days afterreceipt by the Office of Procurementand Grant Policy of GAO’s telephonicnotice of the protest, or within 10 workdays after receipt from GAO of a deter-mination to use the express option, acomplete report shall be submitted toGAO (see FAR 33.104(a)(2)). If the spe-cific circumstances of the protest re-quire a longer period, the head of the


44

48 CFR Ch. 29 (10–1–01 Edition)2933.105

contracting activity shall immediatelynotify the Office of Procurement andGrant policy which shall request, inwriting, an extension of the time pe-riod in accordance with 4 CFR 21.3(d).

(2) In addition to the requirements ofFAR 33.104(a)(2), the report responsiveto the protest shall be appropriately ti-tled and dated; shall cite the GAO filenumber; and shall be signed by the con-tracting officer or the contracting offi-cer’s representative. Reports shall beprepared with the assistance of the Of-fice of the Solicitor of Labor. If appro-priate, the report shall contain a state-ment regarding any urgency for the ac-quisition and the extent to which adelay in award may result in signifi-cant performance difficulties or addi-tional expense to the Government. Ifaward is not urgent, a statement shallbe included giving an estimate of thelength of time an award may be de-layed without significant expense ordifficulty in performance. The head ofthe contracting activity shall submitan original and one copy of the con-tracting officer’s report to the Direc-tor, Office of Procurement and GrantPolicy, with a forwarding letter toGAO signed by the Assistant Secretaryfor Administration and Management.When the letter and report are datedand transmitted to GAO, the Director,Office of Procurement and Grant Pol-icy, will inform the contracting officer.The contracting officer will then dis-tribute copies of the report to all inter-ested parties.

(c) Notice to GAO. The Assistant Sec-retary for Administration and Manage-ment shall submit the report requiredby FAR 33.104(f). The report shall besubmitted to the Comptroller Generalthrough the Director, Office of Pro-curement and Grant Policy, and theDirector, Directorate of Procurementand Grant Management. For decisionsconcerning ADP acquisitions, the re-port shall also be submitted throughthe Director, Directorate of Informa-tion Resources Management.

2933.105 Protests to General ServicesAdministration Board of ContractAppeals.

(a) Notice of protest. Immediatelyupon receipt of a copy of a protest tothe General Services Administration

Board of Contract Appeals (GSBCA),the contracting officer shall inform theOffice of Procurement and Grant Pol-icy, the Directorate of Information Re-sources Management, and the Office ofthe Solicitor of Labor. The contractingofficer shall, within 1 work day afterreceipt of a copy of the protest, provideoral or written notice to all parties re-quired to be notified by FAR33.105(a)(2) and shall provide theGSBCA with a written list of all suchparties to whom notice was providedwithin 5 work days after receipt of acopy of the protest. A copy of all noti-fications to interested parties and re-lated correspondence with GSBCA shallbe maintained in the contract file anda copy of the list of interested partiesnotified shall be provided to the Officeof Procurement and Grant Policy si-multaneously with submission to theGSBCA.

(b) Submission of protest file. An origi-nal and one copy of a protest file (seeFAR 33.105(b)) plus one copy for eachinterested party which has a notice ofintervention or a motion to intervenein accordance with the requirements ofRule 5(a)(3) of GSBCA Rules of Proce-dure (48 CFR 6101.5(a)(3)) shall be pre-pared by the contracting officer. Theprotest file shall be organized to com-ply with the requirements of Rule 4(b)of the GSBCA Rules of Procedure (48CFR 6101.4(b)). The contracting officershall submit the file to the GSBCAwithin 10 work days after filing of theprotest and shall also send copies tothe Director, Office of Procurementand Grant Policy, and to each inter-ested party.

(c) Hearings. The Solicitor of Labor,or the Solicitor’s representative, is re-sponsible for representing the con-tracting officer at all stages of pro-ceedings on suspension of the agency’sdelegation of procurement authority(see FAR 33.105(d)), at all stages of pro-ceedings on the merits of the protest(see FAR 33.105(e)), and with respect toany other proceedings which may beheard by the GSBCA. The head of thecontracting activity shall be respon-sible for executing the determinationrequired by FAR 33.105(d)(1). The Officeof the Solicitor shall notify the con-tracting officer and the Directorate ofInformation Resources Management of


45


the results of such proceedings, includ-ing any hearing.

Subpart 2933.2—Disputes andAppeals

SOURCE: 50 FR 8936, Mar. 5, 1985, unless oth-erwise noted. Redesignated at 51 FR 40375,Nov. 6, 1986.

2933.203 Applicability.

(a) The Assistant Secretary for Ad-ministration and Management shallmake the determination prescribedunder FAR 33.203(b).

(b) Determinations under paragraph(a) of this section shall be submitted bythe Head of the Contracting Activityto the Director, Directorate of Pro-curement and Grant Management, forfurther action.

[50 FR 8936, Mar. 5, 1985. Redesignated andamended at 51 FR 40375, Nov. 6, 1986]

2933.203–70 Department of LaborBoard of Contract Appeals.

(a) The Department of Labor Boardof Contract Appeals (LBCA) is author-ized by the Secretary to consider anddetermine appeals from decisions ofcontracting officers arising under acontract or relating to a contract madeby the Department or any other execu-tive agency when such agency or theAdministrator of the Office of FederalProcurement Policy has designated theLBCA to decide the appeal.

(b) The address of the LBCA is 111120th Street, NW., Washington, DC 20036.

(c) The LBCA rules of procedure arecontained in 41 CFR part 29–60.

2933.209 Suspected fraudulent claims.The contracting officer shall refer all

matters relating to suspected fraudu-lent claims by a contractor under theconditions in FAR 33.009 to the Officeof the Inspector General for further ac-tion or investigation.

2933.211 Contracting officer’s decision.The written decision required by

FAR 33.211(a)(4) shall include, in theparagraph listed under FAR33.211(a)(4)(v), specific reference to theDepartment of Labor Board of ContractAppeals (LBCA), 1111 20th Street, NW.,Washington, DC 20036, and its proce-dures under 41 CFR part 29–60. TheLBCA optional small claims (expe-dited) procedures and accelerated pro-cedures under 41 CFR 29–60.211 shallalso be referenced as required by FAR.

[50 FR 8936, Mar. 5, 1985. Redesignated andamended at 51 FR 40375, Nov. 6, 1986]

2933.212 Contracting officer’s dutiesupon appeal.

(a) When a notice of appeal has beenreceived, the contracting officer shallendorse on the appeal the date of mail-ing (or the date of receipt if the noticewas not mailed) and forward it to theLBCA by certified mail within five (5)days of receipt. The Solicitor of Laborshall also be notified of the appeal bythe contracting officer. See 41 CFR 29–60.203.

(b) The contracting officer shall pre-pare and transmit the data, docu-mentation, and information requiredby 41 CFR 29–60.205 in the form of anappeal file and appellant or appellantscounsel within 30 days after receipt ofa notice of appeal or advice that an ap-peal has been docketed by the LBCA.


46

SUBCHAPTER F—SPECIAL CATEGORIES OF CONTRACTING

PART 2935—RESEARCH ANDDEVELOPMENT CONTRACTING


2935.015 Contracts for research witheducational institutions and non-profit organizations.

(a) Heads of contracting activitiesshall furnish to the Director, Direc-torate of Procurement and Grant Man-agement, copies of basic agreementspertaining to R&D with educational in-stitutions and nonprofit organizationsin accordance with 2916.702.

(b) The Director, Directorate of Pro-curement and Grant Management,shall furnish the list required underFAR 35.015(b)(3) to the FAR Secre-tariat.

[50 FR 8936, Mar. 5, 1985]

PART 2936—CONSTRUCTION ANDARCHITECT-ENGINEER CONTRACTS

Subpart 2936.2—Special Aspects ofContracting for Construction

Sec.2936.201 Evaluation of contractor perform-

ance.2936.202 Specifications.2936.209 Construction contracts with archi-

tect-engineer firms.

Subpart 2936.5—Contract Clauses

2936.516 Quantity surveys.

Subpart 2936.6—Architect-EngineerServices

2936.602 Selection of firms for architect-en-gineer contracts.

2936.602–1 Selection criteria.2936.602–2 Evaluation boards.2936.602–3 Evaluation based functions.2936.602–4 Selection authority.2936.602–5 Short selection processes for con-

tracts not to exceed $10,000.2936.603 Collecting data on and appraising

firms’ qualifications.2936.604 Performance evaluation.2936.606 Negotiations.



Subpart 2936.2—Special Aspectsof Contracting for Construction

2936.201 Evaluation of contractor per-formance.

(a) The Head of the Contracting Ac-tivity shall establish procedures toevaluate construction contractor per-formance and prepare performance re-ports as required by FAR 36.201. Nor-mally, the performance report shall beprepared by the contracting officer’sauthorized representative or other offi-cial who was responsible for moni-toring contract performance and who isqualified to evaluate overall perform-ance. DOL Agency/Office proceduresshall prescribe instructions for reviewof the report, prior to distribution, asprescribed in FAR 36.201(b).

(b) Performance reports shall bemade using Standard Form 1420, Per-formance Evaluation (Construction), asprescribed in FAR 36.701(e). Detailsconcerning unsatisfactory performanceincluding Government notification tothe contractor as required by FAR36.201(a)(3), and written comments bythe contractor, shall also be includedin the report.

(c) Performance reports shall be dis-tributed to the Heads of ContractingActivities or designee for filing andother points required by DOL Agency/Office procedures. Copies of all reportsshall also be promptly forwarded to theDirector, Office of Procurement andGrant Policy, Directorate of Procure-ment and Grant Management, for cen-tral filing. All reports shall be retainedfor six years after the date of the re-port by the Office of Procurement andGrant Policy.

(d) Before making a determination ofprospective contractor responsibility,the contracting officer may contactthe Office of Procurement and GrantPolicy, Directorate of Procurementand Grant Management, for informa-tion regarding performance evaluationreports on file, unless other proceduresare prescribed in DOL Agency/Office in-structions.


47


2936.202 Specifications.When ‘‘brand name or equal’’ product

descriptions are necessary, the require-ments of 2910.004–70 shall be followed.

2936.209 Construction contracts witharchitect-engineer firms.

(a) As required by FAR 36.209, no con-tract for construction of a project shallbe awarded to the firm that designedthe project or its subsidiaries or affili-ates without the written approval ofthe Director, Directorate of Procure-ment and Grant Management.

(b) Requests for approval under para-graph (a) of this section, shall be madeby the Head of the Contracting Activ-ity, through the appropriate Office ofthe Solicitor, to the Director, Direc-torate of Procurement and Grant Man-agement. The request shall include thereason(s) why award to the design firmis required; an analysis of the facts in-volving potential or actual organiza-tional conflicts of interest includingbenefits and detriments to the Govern-ment and the prospective contractor;and the measures which are to betaken to avoid, neutralize, or mitigateconflicts of interest.

Subpart 2936.5—Contract Clauses

2936.516 Quantity surveys.The Head of the Contracting Activity

is authorized to make the determina-tion regarding the impracticability ofGovernment performance of originaland final surveys as prescribed in FAR36.516.

Subpart 2936.6—Architect-Engineer Services

2936.602 Selection of firms for archi-tect-engineer contracts.

2936.602–1 Selection criteria.Heads of contracting activities are

authorized to approve the use of designcompetition under the conditions inFAR 36.602–1(b).

2936.602–2 Evaluation boards.Heads of Contracting Activities shall

establish procedures for providing per-manent or ad hoc architect-engineerevaluation boards as prescribed in FAR

36.602–2. DOL Agency/Office proceduresshall provide for the appointment ofprivate practitioners of architecture,engineering, or related professionswhen such action is determined by theHead of the Contracting Activity to beessential to meet the Government’sminimum needs.

2936.602–3 Evaluation based functions.

The selection report required in FAR36.602–3(d) shall be prepared for the ap-proval of the Head of the ContractingActivity.

2936.602–4 Selection authority.

The Head of the Contracting Activityis authorized to serve as the designatedselection authority in accordance withFAR 36.602–4.

2936.602–5 Short selection processesfor contracts not to exceed $10,000.

The selection process prescribed inFAR 36.602–5(b) shall be used for archi-tect-engineer contracts not expected toexceed $10,000.

2936.603 Collecting data on and ap-praising firms’ qualifications.

(a) Heads of Contracting Activitieswhich acquire architect-engineer serv-ices shall establish procedures to com-ply with the requirements of FAR36.603.

(b) Copies of procedures establishedunder paragraph (a) of this sectionshall be submitted to the Director, Di-rectorate of Procurement and GrantManagement, for review and approval.These procedures shall include a list ofnames, addresses, and telephone num-bers of offices or boards assigned tomaintain architect-engineer qualifica-tion data files. The list shall be up-dated annually and submitted to theDirector, Directorate of Procurementand Grant Management, no later than30 days after the beginning of each fis-cal year.

2936.604 Performance evaluation.

(a) The Head of the Contracting Ac-tivity shall establish procedures toevaluate architect-engineer contractorperformance as required in FAR 36.604.Normally, the performance report shallbe prepared by the contracting officer’s


48

48 CFR Ch. 29 (10–1–01 Edition)2936.606

authorized representative or other offi-cial who was responsible for moni-toring contract performance and who isqualified to evaluate overall perform-ance. DOL Agency/Office proceduresshall prescribe instructions for reviewof the report, prior to distribution, asprescribed in FAR 36.604(b).

(b) Performance reports shall bemade using Standard Form 1421, Per-formance Evaluation (Architect-Engi-neer) as prescribed in FAR 36.702(c).Details covering unsatisfactory per-formance including Government notifi-cation to the contractor as required byFAR 36.604(a)(3) and written commentsby the contractor shall also be includedin the report.

(c) Performance reports shall be dis-tributed to the Head of Contracting Ac-tivities for filing, distribution points inFAR 36.604(c), and other points re-quired by DOL Agency/Office proce-dures. Copies of all reports shall also bepromptly forwarded to the Director,Office of Procurement and Grant Pol-icy, Directorate of Procurement andGrant Management, for central filing.All reports shall be retained by the Of-fice of Procurement and Grant Policyfor six years after date of the report.

(d) Evaluation boards or contractingoffices may contact the Office of Pro-curement and Grant Policy, Direc-torate of Procurement and Grant Man-agement, for information regardingperformance evaluation reports on file,unless other procedures are prescribedin DOL Agency/Office instructions.

2936.606 Negotiations.When a proposal is solicited from an

architect-engineer firm selected for ne-gotiations, the contracting officer shallinclude in the request for proposals areference to 2936.209 of this title as re-quired by FAR 36.606(c).

PART 2937—SERVICECONTRACTING

Subpart 2937.1—Service Contracts—General

Sec.2937.103 Contracting officer responsibility.

Subpart 2937.2—Consulting Services

2937.205 Management controls.


Subpart 2937.1—ServiceContracts—General

2937.103 Contracting officer responsi-bility.

Personal services contracts (see FAR37.104) are not authorized.

[50 FR 8938, Mar. 5, 1985]

Subpart 2937.2—ConsultingServices

2937.205 Management controls.(a) Heads of contracting activities

having a requirement for consulting orrelated services by either contract orpurchase order to be awarded withoutcompetition (regardless of dollaramount) and competitive actions($50,000 or more) are required to pre-pare a written justification for suchservices. This written justificationshall be submitted to the ProcurementReview Board (PRB) at least 60 daysprior to the proposed effective date ofthe contract. Generally, requests forsuch services will be scheduled for re-view by the PRB within 21 workingdays. Heads of Contracting Activitiesretain final approval authority for allcompetitive acquisitions under $50,000.However, a copy of the justification forcompetitive acquisitions under $50,000must be forwarded to the AssistantSecretary for Administration and Man-agement and the Inspector Generalwithin ten days of approval. Regardlessof the type of action planned, the jus-tification shall include the following:

(1) A statement of need which cer-tifies that the requested services donot unnecessarily duplicate any pre-viously performed work.

(2) Nature and scope of the problem,the results expected, and the manner inwhich the project will relate to an im-pact on the Contracting Activity ad-ministration and/or program manage-ment.

(3) That the services described in therequest are not prohibited by OMB Cir-cular A–120.

(4) Extent to which in-house staffavailability was assessed, and the rea-sons why procurement of outside serv-ices are necessary.


49


(5) Any additional information ordata which support the requirement fora contract.

(6) Name(s) and title(s) of official(s)who will be assigned as project offi-cer(s) to work with the contractor, andwho can be contacted for additional in-formation.

(b) In accordance with FAR37.205(b)(7), all purchase requests forconsulting services initiated in thefourth quarter of the fiscal year mustbe submitted to the Procurement Re-view Board for action and subsequentapproval by the Assistant Secretary forAdministration and Management.

[50 FR 8938, Mar. 5, 1985]


50

SUBCHAPTER G—CONTRACT MANAGEMENT

PART 2942—CONTRACTADMINISTRATION

Subpart 2942.2—Assignment of ContractAdministration

Sec.2942.202 Assignment of contract administra-

tion.2942.203 Retention of contract administra-

tion.

Subpart 2942.6—Corporate AdministrativeContracting Officer

2942.602 Assignment and location.

Subpart 2942.7—Indirect Cost Rates

2942.703 Policy.



Subpart 2942.2—Assignment ofContract Administration

2942.202 Assignment of contract ad-ministration.

Unless otherwise prescribed in DOLAgency/Office procedures, the Head ofthe Contracting Activity is authorizedto make the decision on withholdingfunctions in FAR 42.202(b)(2).

2942.203 Retention of contract admin-istration.

Unless otherwise prescribed in DOLAgency/Office procedures, the Head ofthe Contracting Activity is authorizedto perform the review in FAR 42.203(b).

Subpart 2942.6—CorporateAdministrative Contracting Officer

2942.602 Assignment and location.

The Head of the Contracting Activityis authorized to approve the need for acorporate administrative contractingofficer as prescribed in FAR 42.602(a)(2).

Subpart 2942.7—Indirect CostRates

2942.703 Policy.The Office of Cost Determination, Di-

rectorate of Procurement and GrantManagement, is responsible for estab-lishing billing rates and indirect costrates as prescribed in FAR subpart 42.7.

PART 2943—CONTRACTMODIFICATIONS

Subpart 2943.2—Change Orders

Sec.2943.205 Contract clauses.

Subpart 2943.3—Forms

2943.301 Use of forms.


Subpart 2943.2—Change Orders2943.205 Contract clauses.

Heads of Contracting Activities mayestablish procedures, when appropriate,for authorizing the contracting officerto vary the 30-day period for submis-sion of adjustment proposals to theclauses prescribed by FAR 43.205 (a)(1),(b)(1), (c), and (d).

[50 FR 8938, Mar. 5, 1985]

Subpart 2943.3—Forms2943.301 Use of forms.

FAR 43.301(a)(1)(vi) requires the useof Standard Form 30 (SF–30) to effectany obligation or deobligation of con-tract funds after award. The SF–30 alsoshall be used to deobligate funds wheneffecting contract closeout for a costreimbursement contract when obli-gated funds exceed the final contractcosts. In such an instance, the SF–30may be issued as an administrativemodification on a unilateral basis ifthe contractor’s financial release hasbeen separately obtained. The con-tracting officer shall include in anyunilateral contract modification issuedfor contract close-out a statement thatthe contractor has signed a release of


51


claims and indicate the date the re-lease of claims was signed by the con-tractor.

[51 FR 40376, Nov. 6, 1986, as amended at 53FR 3839, Feb. 9, 1988]

PART 2945—GOVERNMENTPROPERTY

Subpart 2945.3—Providing GovernmentProperty to Contractors

Sec.2945.302 Providing facilities.2945.302–1 Policy.

Subpart 2945.4—Contractor Use and Rentalof Government Property

2945.403 Rental—Use and Charges clause.2945.405 Contracts with foreign governments

or international organizations.2945.407 Non-Government use of plant equip-

ment.

Subpart 2945.6—Reporting, Redistribution,and Disposal of Contractor Inventory

2945.608 Screening of contractor inventory.2945.608–6 Waiver of screening requirements.2945.610 Sale of surplus contractor inven-

tory.2945.610–2 Exemptions from sale by GSA.



Subpart 2945.3—Providing Gov-ernment Property to Contrac-tors

2945.302 Providing facilities.

2945.302–1 Policy.The Head of the Contracting Activity

is authorized to make the determina-tion for providing facilities to a con-tractor as prescribed in FAR 45.302–1(a)(4).

Subpart 2945.4—Contractor Useand Rental of GovernmentProperty

2945.403 Rental—Use and ChargesClause.

The Head of the Contracting Activityis authorized to make the determina-tion for changing rent on the basis of

use under the clause at FAR 52.245–9 asprescribed in FAR 45.403(a).

2945.405 Contracts with foreign gov-ernments or international organiza-tions.

The Head of the Contracting Activityshall establish procedures, when re-quired, for processing requests of for-eign governments or international or-ganizations to use Government prop-erty and for recovering costs for suchuse (see FAR 45.405).

2945.407 Non-Government use of plantequipment.

(a) The Director, Directorate of Pro-curement and Grant Management, isauthorized to approve the non-Govern-ment use of plant equipment as pre-scribed in FAR 45.407.

(b) Requests for approval under para-graph (a) of this section shall be sub-mitted by the Head of the ContractingActivity.

Subpart 2945.6—Reporting, Redis-tribution, and Disposal of Con-tractor Inventory

2945.608 Screening of contractor in-ventory.

2945.608–6 Waiver of screening re-quirements.

(a) The Director, Directorate of Pro-curement and Grant Management, isauthorized to waive screening require-ments as prescribed in FAR 45.608–6.

(b) Requests for waiver shall be sub-mitted by the Head of the ContractingActivity.

2945.610 Sale of surplus contractor in-ventory.

2945.610–2 Exemptions from sale byGSA.

(a) The Assistant Secretary for Ad-ministration and Management is au-thorized to seek exemptions from saleas prescribed in FAR 45.610–2.

(b) Requests for exemptions shall besubmitted by the Head of the Con-tracting Activity to the Director, Di-rectorate of Procurement and GrantManagement, for further action.


52

48 CFR Ch. 29 (10–1–01 Edition)Pt. 2948

PART 2948—VALUE ENGINEERING


Subpart 2948.1—Policies andProcedures

2948.102 Policies.(a) The Head of the Contracting Ac-

tivity is authorized to make the deter-mination to extend the sharing base ofa value engineering change proposal(VECP) as prescribed in FAR 48.102(e).

(b) The Head of the Contracting ac-tivity is authorized to extend the shar-ing base of a VECP to include the en-tire contracting activity or any part ofit (see FAR 48.102(e)).

(c) When the sharing base is extendedunder paragraph (a) or (b) of this sec-tion, the contracting officer shallspecify the base in the contract sched-ule as required in FAR 48.104–1(a).

[50 FR 8939, Mar. 5, 1985]

PART 2949—TERMINATION OFCONTRACTS

Subpart 2949.1—General Principles

Sec.2949.106 Fraud or other criminal conduct.2949.111 Review of proposed settlements.2949.111–70 Settlement review boards.



Subpart 2949.1—GeneralPrinciples

2949.106 Fraud or other criminal con-duct.

(a) Whenever fraud, such as falsifieddocuments, false statements, or othercriminal conduct related to the settle-ment of a terminated contract is sus-pected, the contracting officer shalldiscontinue negotiations and prepare areport of the facts. The report shall besubmitted by the Head of the Con-tracting Activity to the Assistant In-spector General for Investigationsalong with copies of documents orother information connected with thesuspected violation(s). A copy of the re-port shall also be submitted to the Di-

rector, Directorate of Procurement andGrant Management.

(b) Depending on the findings of theAssistant Inspector General for Inves-tigations, the Head of the ContractingActivity may initiate suspension or de-barment action as prescribed in FARsubpart 9.4 and subpart 2909.4.

2949.111 Review of proposed settle-ments.

All proposed settlement agreementsshall be reviewed by the Office of theSolicitor and approved at a level high-er than the contracting officer in ac-cordance with DOL Agency procedures.Settlement agreements of $50,000 ormore shall be approved by the Head ofthe Contracting Activity.

2949.111–70 Settlement review boards.

(a) Heads of Contracting Activitiesshall establish settlement reviewboards for the review of each termi-nation settlement or determination ofamount due under the terminationclause of a contract or approval or rati-fication of a subcontract settlementwhen the action involves $50,000 ormore.

(b) Settlement review boards may beestablished for actions below $50,000when considered desirable by the Headof the Contracting Activity or whenspecifically requested by the con-tracting officer.

PART 2951—USE OF GOVERNMENTSOURCES BY CONTRACTORS

Subpart 2951.1—Contractor Use ofGovernment Supply Sources

Sec.2951.101 Policy.2951.102 Authorization to use Government

supply sources.2951.102–70 Exclusive use on Government

work.

Subpart 2951.2—Contractor Use ofInteragency Motor Pool Vehicles

2951.201 Policy.




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Subpart 2951.1—Contractor Use ofGovernment Supply Sources

2951.101 Policy.It is DOL policy that cost-type con-

tractors should meet their require-ments from Government sources ofsupply when these sources are avail-able to them, and if it is economicallyadvantageous or otherwise in the bestinterest of the Government.

2951.102 Authorization to use Govern-ment supply sources.

(a) The Head of the Contracting Ac-tivity may authorize cost-type con-tractors and subcontractors, where allhigher tier contracts and subcontractsare cost-type, to use Government sup-ply sources in accordance with the re-quirements and procedures in FAR sub-part 51. This authority may be redele-gated to the level of contracting offi-cer.

(b) If the contracting officer decidesto authorize a contractor to use Gov-ernment supply sources under the con-ditions prescribed in FAR 51.102, a

written request for a FEDSTRIP activ-ity address code (see FPMR 101–26.203)shall be made directly to the DOLAgency, Headquarters Property Man-agement Office.

2951.102–70 Exclusive use on Govern-ment work.

Materials, supplies, and equipmentacquired from Government sources ofsupply under the procedures describedherein must be used exclusively in con-nection with Government work, exceptas otherwise authorized by the Head ofthe Contracting Activity.

Subpart 2951.2—Contractor Use ofInteragency Motor Pool Vehicles

2951.201 Policy.If it is in the Government’s interest,

the contracting officer may authorizecost-reimbursement contractors to ob-tain, for official purposes only, as de-fined in FAR 51.201(a), interagencymotor pool vehicles and related serv-ices for short-term use under FederalSupply Schedule Industrial Group 751.


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SUBCHAPTER H—CLAUSE AND FORMS

PART 2952—SOLICITATION PROVI-SIONS AND CONTRACT CLAUSES

Sec.2952.000 Scope of part.

Subpart 2952.1—Instructions for UsingProvisions and Clauses

2952.102–1 Incorporation by reference.2952.170 Deviations.



2952.000 Scope of part.This part implements FAR part 52

which sets forth contract clauses foruse in connection with the acquisitionof personal property and nonpersonalservices (including construction).

Subpart 2952.1—Instructions forUsing Provisions and Clauses

2952.102–1 Incorporation by reference.(a) Preprinted standard general pro-

visions sets will be maintained by theOffice of Procurement and Grant Pol-icy, Directorate of Procurement andGrant Management, and distributed toDOL contracting activities for use dur-ing the initial FAR and DOLAR famil-iarization period. Contracting activi-ties will be responsible for insertingnecessary additions and alterationsinto individual contracts to ascertainthat the general provisions are currentand appropriate to the circumstancesof the individual contract.

(b) At a later date, when the FARgeneral provisions are familiar to bothDOL personnel and the Department’scontractors, the general provisions willbe incorporated by reference.

2952.170 Deviations.(a) Individual or class deviations of

provisions and clauses in FAR part 52shall be authorized by the Director, Di-rectorate of Procurement and GrantManagement, as prescribed in subpart2901.4.

(b) Any FAR provision or clause usedwith a deviation authorized in accord-

ance with paragraph (a) of this sectionshall be identified as prescribed in FAR52.103.

PART 2953—FORMS

Sec.2953.000 Scope of part.


2953.103 Exceptions.2953.108 Recommendations concerning

forms.2953.170 Forms for collection of informa-

tion.

Subpart 2953.2—Prescription of Forms

2953.200 Department of Labor forms.

Subpart 2953.3—Illustrations of Forms

2953.300 Scope of subpart.2953.303 Agency forms.2953.303–DL 1–1 Department of Labor Form

DL 1–1, Requisition for Equipment, Sup-plies, or Services.

2953.303–DL 1–90 Department of Labor FormDL 1–90, Purchase Order.

2953.303–DL 1–194 Department of LaborForm DL 1–194, Certification Prior to Ac-quisition of Filing Equipment.

2953.303–DL 1–2004 Department of LaborForm DL 1–2004, Small Business Procure-ment Determination.



2953.000 Scope of part.This part (a) prescribes Department

of Labor (DL) forms for use in acquisi-tion, (b) illustrates these forms, and (c)contains procedures for exceptions toforms prescribed in FAR part 53 or thispart 2953.

Subpart 2953.1—General2953.103 Exceptions.

(a) Requests for exceptions to stand-ard forms in FAR part 53 shall be sub-mitted, as prescribed in FAR 53.103, tothe Director, Directorate of Procure-ment and Grant Management, for fur-ther action.

(b) Requests for exceptions to De-partment of Labor (DL) forms in part


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2953 shall be handled as deviations (seesubpart 2901.4).

2953.108 Recommendations con-cerning forms.

Recommendations concerning forms(see FAR 53.108) shall be made as pre-scribed in 2901.304(e).

2953.170 Forms for collection of infor-mation.

In accordance with the PaperworkReduction Act of 1980 and 5 CFR part1320, DOL Agencies/Offices imposingforms under contracts or subcontractsrequiring the collection of informationon identical items from 10 or moremembers of the public must obtain ap-proval from the Office of Managementand Budget.

Subpart 2953.2—Prescription ofForms

2953.200 Department of Labor forms.This subpart prescribes Department

of Labor (DL) forms for use in acquisi-

tion. Consistent with the approachused in FAR subpart 53.2, this subpartis arranged by subject matter, in thesame order as, and keyed to, the partsof the DOLAR in which the form usagerequirements are addressed.

Subpart 2953.3—Illustrations ofForms

2953.300 Scope of subpart.

This subpart contains illustrations ofDepartment of Labor (DL) forms usedin acquisition.

2953.303 Agency forms.

This section illustrates Departmentof Labor (DL) forms specified by theDOLAR for use in acquisitions. Theforms are illustrated in numericalorder. The subsection numbers cor-respond with the DL form numbers.


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48 CFR Ch. 29 (10–1–01 Edition)2953.303–DL 1–1

2953.303–DL 1–1 Department of Labor Form DL 1–1, Requisition for Equipment,Supplies, or Services.


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Department of Education 2953.303–DL 1–90

2953.303–DL 1–90 Department of Labor Form DL 1–90, Purchase Order.


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48 CFR Ch. 29 (10–1–01 Edition)2953.303–DL 1–90

PURCHASE ORDER TERMS AND CONDITIONS

152.252–2 CLAUSES INCORPORATED BY REFERENCE (Apr 1984). This contract incor-porates the following clauses by reference with the same force and effect as if they weregiven in full text. Upon request the Contracting Officer will make their full text available:

FEDERAL AQUISITION REGULATION (48 CFR CHAPTER 1)CLAUSES

52.203–1 Officials Not to Benefit (Apr 1984)

52.203–3 Gratuities (Apr 1984)

52.203–4 Covenant Against Contingent Fees (Apr 1984)

52.212–9 Variation in Quantity (Apr 1984) (In the preceding clause the permissible variationsare stated in the schedule)

52.215–1 Examination of Records by the Comptroller General

52.219–13 Utilization of Women-Owned Small Businesses

52.222–3 Convict Labor (Apr 1984)

52.222–4 Contract Work Hours and Safety Standards Act—Overtime Compensation—General(Apr 1984)

52.222–20 Walsh-Healey Public Contracts Act

52.222–26 Equal Opportunity (Apr 1984)

52.222–36 Affirmative Action for Handicapped Workers (Apr 1984)

52.222–40 Service Contract Act of 1965—Contracts of $2,500 or Less (Apr 1984)

52.222–41 Service Contract Act of 1965 (Apr 1984)

52.225–3 Buy American Act—Supplies (Apr 1984)

52.232–1 Payments (Apr 1984)

52.232–8 Discounts for Prompt Payment (Apr 1984) (With Alternate 1)

52.233–1 Disputes (Apr 1984)

52.243–1 Changes—Fixed Price (Apr 1984)

52.249–1 Termination for Convenience of the Government (Fixed Price) Short Form) (Apr1984)


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Department of Education 2953.303–DL 1–194

2953.303–DL 1–194 Department of Labor Form DL 1–194, Certification Prior to Ac-quisition of Filing Equipment.


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48 CFR Ch. 29 (10–1–01 Edition)2953.303–DL 1–2004

2953.303–DL 1–2004 Department of Labor Form DL 1–2004, Small Business Pro-curement Determination.


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