48 C.F.R. PART 1309—CONTRACTOR QUALIFICATIONS
Title 48 - Federal Acquisition Regulations System
Authority: Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C 486(c)), as delegated by the Secretary of Commerce in Department Organization Order 10–5 and Department Administrative Order 208–2.
Source: 49 FR 12960, Mar. 30, 1984, unless otherwise noted.
[51 FR 15330, Apr. 23, 1986] (a) General. The contracting officer shall request a preaward survey of a prospective contractor for contracts involving ship construction, ship alteration, or ship repair, where the cost or price of the contract is anticipated to be in excess of $100,000, and the information on hand is not sufficient to make a determination regarding responsibility. The contracting officer may request a preaward survey of a prospective contractor for contracts involving ship construction, ship alteration, or ship repair, where the cost or price of the contract is anticipated to be $100,000 or less, if the circumstances justify the cost of the survey. (b) Extent of preaward survey. The contracting officer shall determine the manner and extent of the preaward survey based upon the specific requirements of the contract. At a minimum, the contracting officer shall request a preaward survey for contracts involving ship construction, ship alteration, and ship repair where the contracting officer cannot affirmatively determine that the prospective contractor's facility is adequate for the work to be performed. For the purpose of this section, the prospective contractor's facility includes the land, buildings, shop spaces, dock facilities, drydock or marine railways, and plant security and safety. (c) Examples of specific concern. The contracting officer shall coordinate efforts with technical and requirements personnel to identify areas of specific concern for the preaward survey. The following examples illustrate areas which may be of specific concern to the preaward survey team, depending on the nature of the work to be performed: (1) Acceptable facilities and equipment for special production techniques (e.g., unique welding procedures, special test fixtures, or production equipment); (2) Adequate size and lift capacity for the drydock or marine railway; (3) Well maintained drydock and lifting equipment and acceptable preventative maintenance of these items; (4) Acceptable dock master and crew who are experienced in operating the equipment and lifting a vessel of comparable size and weight; (5) Adequate drydock or pier utilities to support the vessel, including electrical power, steam, potable water, fire fighting capability, sewage disposal, and telephone service; (6) Responsible subcontractors; (7) Contractor's demonstrated ability to monitor and coordinate subcontractor performance; (8) Contractor's demonstrated ability to conduct dock and sea trials; (9) Contractor's demonstrated ability to protect the vessel and yard and vessel personnel, including safety and security programs or individual plans; (10) Adequate secure storage facilities for Government property; and (11) The depth of water in the navigable waterway and the pier where the vessel will be berthed. (d) Preaward survey team. The contracting officer may use any of the following individuals to form the preaward survey team: (1) A cost or price analyst or cognizant audit agency for review of the contractor's financial and accounting systems; (2) Technical or requirements personnel from the cognizant marine center or office of marine operations, for technical, production, or quality assurance evaluations; and (3) Representatives of the contracting officer for management and administrative evaluations. (e) On-site survey. If it is necessary to conduct a survey at the proposed site where the work is to be performed, the contracting officer shall coordinate the visit with the prospective contractor or subcontractor. (f) Reports. The surveying team shall comply with the applicable reporting requirements of FAR 9.106–4. When using the short-form preaward survey report prescribed in FAR 9.106–4(d), the surveying team shall provide information on the following at a minimum: (1) The depth of water in the navigable waterway and the pier where the vessel will be berthed; (2) The condition of the drydock or marine railway where the work is to be performed; (3) Availability of adequate utilities and services for the vessel; (4) Evidence of prospective contractor or subcontractor financial problems or poor past performance. (g) Contracting officer determination. Upon completion of the preaward survey, the contracting officer shall determine whether the prospective contractor and subcontractors are responsible. [51 FR 15330, Apr. 23, 1986] Decision making process. Upon receipt of a debarment recommendation, the Procurement Executive shall review all available evidence and shall promptly determine whether or not to proceed with debarment. The Procurement Executive may refer the matter to the Office of Inspector General for further investigation. After completion of any additional review or investigations, the Procurement Executive shall make a written determination. A copy of this determination shall be promptly sent to the initiating contracting office. (See FAR 9.406–3(b).) [60 FR 47309, Sept. 12, 1995] Decision making process. Procedures for the decision making process of suspensions are the same as those contained in 1309.470–4 except that an initial decision for suspension results in immediate suspension. (See FAR 9.407–3(b).) [60 FR 47309, Sept. 12, 1995]
Title 48: Federal Acquisition Regulations System
PART 1309—CONTRACTOR QUALIFICATIONS
Section Contents
1309.106 Preaward surveys.
1309.106-70 Preaward surveys for ship construction, ship alteration, and ship repair.
1309.470-4 Procedures on debarment.
1309.470-7 Procedures on suspension.
Subpart 1309.1—Responsible Prospective Contractors
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1309.106 Preaward surveys.
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1309.106-70 Preaward surveys for ship construction, ship alteration, and ship repair.
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Subpart 1309.4—Debarment, Suspension and Ineligibility
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1309.470-4 Procedures on debarment.
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1309.470-7 Procedures on suspension.
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