48 C.F.R. PART 1052—SOLICITATION PROVISIONS AND CONTRACT CLAUSES
Title 48 - Federal Acquisition Regulations System
Authority: 41 U.S.C. 418b (a) and (b).
Source: 68 FR 39855, July 3, 2003, unless otherwise noted.
Per DTAR 1001.670–3, insert the following clause:
Contracting Officer's Technical Representative (COTR) Designation and Authority (MAR 2002) (a) The contracting officer's technical [insert name, address and telephone number]. (b) Performance of work under this contract is subject to the technical direction of the COTR identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily. (c) Technical direction must be within the scope of the contract specification(s)/work statement. The COTR does not have authority to issue technical direction that: (1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement; (2) Constitutes a change as defined in the clause entitled “Changes”; (3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance; (4) Changes any of the terms, conditions, or specification(s)/work statement of the contract; (5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or, (6) Directs, supervises or otherwise controls the actions of the contractor's employees. (d) Technical direction may be oral or in writing. The COTR must confirm oral direction in writing within five workdays, with a copy to the contracting officer. (e) The contractor must proceed promptly with performance resulting from the technical direction issued by the COTR. In the opinion of the contractor, if any direction of the COTR or the designated representative falls within the limitations of (c) above, the contractor must immediately notify the contracting officer no later than the beginning of the next Government work day. (f) Failure of the contractor and the contracting officer to agree that technical direction is within the scope of the contract will be subject to the terms of the clause entitled “Disputes.” (End of clause) In accordance with DTAR 1019.811–3(d)(3), substitute the following for paragraph (c) in FAR 52.219–18:
(c) Any award resulting from this solicitation will be made directly by the contracting officer to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation. Per DTAR 1019.708–70(a), insert the following clause:
SF 294 and SF 295 Reporting (MAR 2002) In accordance with the clause entitled “Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan” in Section I and the contract schedule, SF 294 and SF 295 reports must be submitted to the following personnel: (End of clause) As prescribed in DTAR 1019.708–70(b), insert the following provision:
Subcontracting Plan (MAR 2002) As part of its initial proposal, each large business offeror must submit a contracting plan, as prescribed in FAR 52.219–9. Use of the subcontracting plan outlined containe in Section J of this solicitation is optional; however, plans must contain all elements included in the outline. (End of provision) As prescribed in DTAR 1019.811–3(f), insert the following clause:
Section 8(A) Direct Awards (MAR 2002) (a) This purchase order or contract is issued as a direct award between the contracting activity and the 8(a) contractor pursuant to the Memorandum of Understanding between the Small Business Administration (SBA) and the Department of the Treasury. SBA retains responsibility for 8(a) certification, 8(a) eligibility determinations and related issues, and provides counseling and assistance to the 8(a) contractor under the 8(a) program. The cognizant SBA district office is: [To be completed by the contracting officer at the time of award] (b) The contracting officer is responsible for administering the purchase order or contact and taking any action on behalf of the Government under the terms and conditions of the purchase order or contract. However, the contracting officer shall give advance notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the purchase order or contract. The contracting officer shall also coordinate with SBA prior to processing any novation agreement. The contracting officer may assign contract administration functions to a contract administration office. (c) The contractor agrees: (1) To notify the contracting officer, simultaneously with its notification to SBA (as required by SBA's 8(a) regulations), when the owner(s) upon whom 8(a) eligibility is based, plan to relinquish ownership or control of the concern. Consistent with 15 U.S.C. 637(a)21), transfer of ownership or control must result in termination of the contract for convenience, unless SBA waives the requirement for termination prior to the actual relinquishing of control; and (2) To adhere to the requirements of FAR 52.219–14, Limitations on Subcontracting. (End of clause) As described in DTAR 1019.202–70, insert the following provision:
Department of the Treasury Mentor-Protégé Program (JAN 2000) (a) Large and small businesses are encouraged to participate in the Department of the Treasury Mentor-Protégé Program. Mentor firms provide small business protégé with developmental assistance to enhance their capabilities and ability to obtain federal contracts. Mentor firms are large prime contractors or eligible small businesses capable of providing developmental assistance. Protégé firms are small businesses as defined in 13 CFR parts 121, 124, and 126. Developmental assistance is technical, managerial, financial, and other mutually beneficial assistance to aid protégés. Contractors interested in participating in the Program are encouraged to contact the Department of the Treasury OSBD or the Bureau of the OSBD for further information. (End of provision) As prescribed in DTAR 1019.202–70, insert the following clause:
Mentor Requirements and Evaluation (JAN 2000) (a) Mentor and protégé firms shall submit an evaluation to the Department of the Treasury's OSBD at the conclusion of the mutally agreed upon Program period, or the voluntary withdrawal by either party from the Program, whichever occurs first. At the conclusion of each year in the Mentor-Protégé Program, the prime contractor and protégé will formally brief the Department of the Treasury Mentor-Protégé Program Manager regarding program accomplishments under their mentor-protégé agreements. (b) A mentor or protégé must notify the OSBD and the contracting officer, in writing, at least 30 calendar days in advance of the effective date of the firm's withdrawal from the Program. A mentor firm must notify the OSBD and the contracting officer upon receipt of a protégé's notice of withdrawal from the Program. (End of clause)
Title 48: Federal Acquisition Regulations System
PART 1052—SOLICITATION PROVISIONS AND CONTRACT CLAUSES
Section Contents
1052.201-70 Contracting Officer's Technical Representative (COTR) Designation and Authority.
1052.219-18 Notification of Competition Limited to Eligible 8(a) Concerns—Alternate III (Deviation).
1052.219-70 SF 294 and SF 295 Reporting.
1052.219-71 Subcontracting Plan.
1052.219-72 Section 8(a) Direct Awards.
1052.219-73 Department of the Treasury Mentor-Protégé Program.
1052.219-74 [Reserved]
1052.219-75 Mentor Requirements and Evaluation.
Subpart 1052.2—Texts of Provisions and Clauses
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1052.201-70 Contracting Officer's Technical Representative (COTR) Designation and Authority.
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1052.219-18 Notification of Competition Limited to Eligible 8(a) Concerns—Alternate III (Deviation).
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1052.219-70 SF 294 and SF 295 Reporting.
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------------------------------------------------------------------------ Addressee Submit SF 294 Submit SF 295------------------------------------------------------------------------Contracting Officer (Address Original.......... Original. shown on front of contract).Small Business Specialist Copy.............. Copy. [Insert Bureau name and address].Department of the Treasury N/A............... Copy. Office of Small Business Development (MMD) 1500 Pennsylvania Avenue, NW c/o 1310 G St., NW, Suite 400W Washington, DC 20220.------------------------------------------------------------------------
1052.219-71 Subcontracting Plan.
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1052.219-72 Section 8(a) Direct Awards.
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1052.219-73 Department of the Treasury Mentor-Protégé Program.
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1052.219-74 [Reserved]
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1052.219-75 Mentor Requirements and Evaluation.
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