2465, within the time specified in the Disputes clause.

(c) If the contractor fails to file a Notice of Appeal within the 30-day period stipulated in §5B-1.318-1(a), the contracting officer's final decision will become dispositive of the dispute.

Subpart 5B-1.5—Contingent Fees

§ 5B-1.508 Enforcement.

When the contingent fee representation required by § 1-1.505 is in the affirmative, the prospective contractor shall be required to submit a completed Standard Form 119, in triplicate, except under the circumstances listed in § 1-1.507-3. (References in this § 5B1.508 to the Office of Investigations shall mean the regional representative or the Office of Investigations in the Central Office, as appropriate.)

§ 5B-1.508-1 Failure or refusal to furnish representation and agreement.

The name of each prospective contractor who fails or refuses to furnish the representation and agreement, after opportunity therefor has been afforded, shall be submitted, with a statement of the pertinent circumstances, to the Office of Investigations for such further action as may be appropriate.

§ 5B-1.508-2 Failure or refusal to furnish Standard Form 119.

The name of each prospective contractor who fails or refuses to furnish a completed Standard Form 119 (or a statement in lieu thereof as provided in § 1-1.507-2) shall be submitted, together with pertinent information, to the Office of Investigations for appropriate action. If the contract has been awarded or offer accepted, consideration shall be given to the feasibility of terminating the contract, the future eligibility as a bidder or contractor of the firm in question, or other appropriate action.

Subpart 5B-1.6—Debarred, Suspended, and Ineligible Bidders

§ 5B-1.600 Scope of subpart.

This subpart, which implements and supplements FPR Subpart 1-1.6, prescribes policies and procedures relating to the debarment, suspension, or ineligibility of bidders.

§ 5B-1.602 Establishment

and

mainte

nance of a list of concerns or individuals debarred, suspended, or declared ineligible.

(a) The Office of Investigations establishes and maintains a list of debarred, suspended, or ineligible concerns and individuals pursuant to § 11.602. This list is designated as the GSA Debarred Bidders List, and its use is mandatory on all GSA procuring activities.

(b) The Office of Investigations arranges for the reproduction and distribution of the GSA Debarred Bidders List.

(1) Entry on the GSA Debarred Bidders List is required to be made:

(i) In the case of a GSA administrative debarment or suspension, upon notification of the imposition of debarment or suspension by the Administrator, by a Commissioner, or by a hearing authority;

(ii) In the case of statutory debarments including debarments imposed under the Buy American Act (41 U.S.C. 10(b)), upon appropriate notification from the Comptroller General, the Secretary of Labor, or the head of the debarring agency;

(iii) In the case of debarment for noncompliance with the Equal Opportunity clause, upon notification by the Secretary of Labor, or his designee;

(iv) In the case of ineligibility declared by the Secretary of Labor under section 1(a) of the WalshHealey Public Contracts Act (41 U.S.C. 35(a)), upon notification by the Secretary; and

(v) In the case of debarment under the provisions of section 3 of the Davis-Bacon Act (40 U.S.C. 276a-2(a)) or for violation of other statutes by willful or aggravated violation prevailing wage or overtime provisions, upon

notification from the Comptroller General.

(2) Distribution of copies of the GSA Debarred Bidders List shall be made to those GSA officials and employees → whose duties require access to the List, as determined by the Head of each Service or Staff Office.

(3) Copies of the GSA Debarred Bidders List shall be furnished to such officials and employees of other Federal agencies as may be designated by the Office of Investigations.

(c) The GSA Debarred Bidders List shall be marked "For Official Use Only."

(d) The cause for each entry on the GSA Debarred Bidders List shall be identified in accordance with § 1-1.602. 85B-1.603 Treatment to be accorded firms or individuals in debarred, suspended, or ineligible status.

(a) Unless precluded by law or executive order, the Commissioner may determine that for a particular transaction the application of debarment, suspension or ineligibility against a concern or individual being considered for award as a contractor or being proposed (pursuant to contractual under1standing) for approval as a subcontractor is not in the public interest and may authorize the making of an award or the approval of a proposed subcontractor, if otherwise appropriate. In such cases, the contract folder shall be documented to reflect the determination and the justification therefor.

(b) When circumstances indicate that a concern or individual is attempting to evade the restrictions arising from debarment, suspension, or iny eligibility, and the contracting officer can establish identity between the suspect bidder and a concern or individual on the GSA Debarred Bidders List, he shall apply the basic restrictions and forward a statement of the circumstances to the Office of Investigations. If the facts to confirm a suspected evasion are not available to the contracting officer, he shall document the circumstances and request the Office of Investigations to investigate. If time permits, award should be withheld pending receipt of the results of the investigation. Suspicious circum

stances may include such actions as change of address, use of multiple addresses, adoption of new business name, indications that a concern or individual on the GSA Debarred Bidders List has a controlling or active interest in a new enterprise, and others.

§ 5B-1.604 Causes and conditions applicable to determination of debarment by an executive agency.

§ 5B-1.604-1 Procedural requirements relating to the imposition of debarment. (a) Administrative debarment by GSA shall be initiated by the Commissioner in accordance with the procedures set forth in § 1-1.604-1. Where no hearing is requested by the concern or individual sought to be debarred, debarment shall be imposed by the Commissioner. Where a hearing is properly requested, the debarment shall be imposed either by the Administrator or by a hearing authority designated by him to hear and determine such matter. The notice of proposed debarment shall apprise the concern or individual that if such party desires a hearing: (1) A request therefor is to be made by that party within 20 days following the receipt of the notice of the proposed debarment, and (2) the request for a hearing is to be accompanied by a statement setting forth the grounds upon which the proposed debarment will be contested.

(b) The notice to be furnished under § 1-1.604-1 shall be sent by registered or certified mail, return receipt requested, to the last known address of the concern or individual. A copy of such notice shall be furnished to the Office of Investigations. Where the notice is sent by registered or certified mail to the last known address of the concern or individual but where actual or personal delivery is not effected by the Postal Service, a debarment may be imposed; but any such debarment shall, upon the submission of an appropriate application, be subject to reopening; and in such event a hearing shall be accorded in respect to the debarment.

§ 5B-1.605 Suspension of bidders.

GSA by this subpart has elected to utilize suspension procedures as prescribed by §§ 1-1.05 to 1-1.605-4, inclusive. Where a suspension is effected by GSA, it shall be invoked by the Commissioner in accordance with the requirements of those sections.

§ 5B-1.605-1 Causes and conditions under which executive agencies may suspend

contractors.

The Commissioner may suspend a concern or individual under the causes and conditions stated in § 1-1.605–1.

§ 5B-1.605-4 Notice of suspension.

The notice of suspension to be furnished under § 1-1.605-4 shall be sent by registered or certified mail, return receipt requested, to the first known address of the concern or individual in question. A copy of such notice shall be furnished to the Office of Investigations. A suspension may be imposed upon the mailing of such notice. However, whether or not actual or personal delivery is accomplished by the Postal Service, the concern or individual in question may, at any time, submit information in opposition to such suspension and such information shall be duly considered.

§ 5B-1.606 Agency procedure.

§ 5B-1.606-51 Debarment by other agencies.

The Office of Investigations shall review the basis for a debarment made by another executive agency for the purpose of determining whether debarment, as authorized by § 11.604(a)(5), should be recommended.

(a) If debarment by the other agency was based on conviction for violation of law as set forth in § 11.604(a)(1), the Office of Investigations shall notify the Commissioner primarily concerned, who shall take immediate action to debar. The end of the period of debarment shall coincide with the date set by the original debarment action.

(b) If administrative debarment by another agency was for any of the causes as set forth in § 1-1.604(a) (2), (3), and (4), and if warranted as a

result of review, the Office of Investigations shall recommend debarment to the Commissioner.

§ 5B-1.606-52 Investigations.

(a) When a contracting activity suspects the commission of offenses or irregularities which might support debarment or suspension, it shall forward to the Office of Investigations a request for investigation, with a statement of the pertinent circumstances.

(b) The Office of Investigations shall make a thorough investigation of the circumstances as expeditiously as possible and shall report the results to the service primarily concerned with a recommendation as to whether debarment or suspension should be invoked. The files of the Office of Investigations compiled in support of such reports of investigation shall, upon request, be made available for review by the service primarily concerned.

§ 5B-1.606-53 Hearings.

(a) Hearings requested in connection with debarment proceedings as provided in § 1-1.604-1(b) shall be conducted before the Administrator, or his representative (herein called the hearing authority). An opportunity shall be afforded to the concern or individual to appear with witnesses and counsel to show cause why such concern or individual should not be debarred. Where a concern or individual requests a hearing and fails to appear, the hearing authority shall consider the case on the basis of the records and information made available to it.

Accordingly, in any instance where a party has requested a hearing, he may elect to forego the submission of oral testimony and may submit a written statement (together with any information relating thereto) in opposition to the proposed action. Where a party foregoes the presentation of testimony, the Government, at the discretion of the hearing authority, need not present any testimony. Whenever a proposed debarment is referred to a hearing authority for a hearing and the making of appropriate determinations, the hearing authority shall determine whether or not debarment is warranted under the particular circumstances

and, where debarment is warranted, shall also determine the period thereof.

(b) The matter of debarment may be referred by the Administrator to the hearing authority; (1) for a hearing and the making of appropriate determinations, or (2) for a hearing and the making of appropriate recommendations.

(c) The procedure to be used in the conduct of a hearing relating to debarment shall, insofar as practicable, be similar to that used by the Board of Contract Appeals in the conduct of a hearing relating to a contract dispute. (d) Hearings shall be held by the hearing authority within 30 days after the receipt of the request for a hearing, unless the hearing authority grants additional time.

(e) Notwithstanding the imposition of a debarment, it may, in accordance with § 1-1.604(c), be removed or the period thereof may be reduced by the Administrator or, if originally imposed by the Commissioner.

§ 5B-1.606-54 Notice as to imposition of debarment.

When debarment is imposed by the Administrator or by the hearing authority, the concern or individual shall be notified of the decision and of the period during which such debarment shall be effective. If a proposed debarment is not upheld by the Administrator or by the hearing authority, the concern or individual shall be so notified. Copies of notifications shall be furnished to the interested Commissioner and to the Office of Investigations. Notice as to the imposition of debarment shall be furnished to the concern or individual in the same manner as provided in § 5B-1.604-1.

§ 5B-1.606-55 Inquiries from debarred, suspended, or ineligible bidders. Inquiries presented by debarred, suspended, or ineligible firms or individuals relating to modification or removal of exclusionary status shall be referred to the authority which imposed the debarment or suspension.

§ 5B-1.607 General Services Administration responsibility.

§ 5B-1.607-51 Consolidated List of Current Administrative Debarments by Executive Agencies.

(a) The Office of Investigations compiles and arranges for the distribution of the Consolidated List of Current Administrative Debarments by Executive Agencies and provides necessary related background material to other agencies, as set forth in § 1-1.607.

(b) Notices issued by other agencies and furnished to GSA in accordance with § 1-1.606(c) are collected, processed, and disseminated by the Office of Investigations as set forth in §§ 11.606(e) and 101.607.

§ 5B-1.607-52 Master index.

The Office of Investigations maintains a master index of names of all concerns and individuals reported as debarred or ineligible by GSA or other executive agencies, including debarments published by other Federal agencies.

Subpart 5B-1.7-Small Business Concerns

§ 5B-1.700 General.

This subpart implements and supplements FPR 1-1.7 by setting forth the GSA small business program, including unilateral set-asides, and assigning responsibility for its implementation, evaluation, and administration. The GSA small business program applies to all procuring activities of GSA.

§ 5B-1.702 Small business policies.

It is the policy of GSA to carry out, to the maximum extent, the small business policy expressed in the Federal Property and Administrative Services Act of 1949 and the Small Business Act, that a fair proportion of Government contracts be placed with small business concerns.

30-104 0-79-46

§ 5B-1.704 Agency program direction and operations.

§ 5B-1.704-2 Program operations.

(a) Each procuring activity in conjunction with each Business Service Center, shall use its best efforts to identify services where a potential exists for increasing the small business share of contract awards. Contracting offices shall cooperate with Business Service Centers in developing effective methods for identifying such categories.

(b) Each procuring activity shall, to the maximum extent feasible, arrange for the making of unilateral small business set-asides on all contracting actions which qualify therefor as provided under FPR 1-1.7 and this Subpart 5B-1.7.

(c) The Business Service Centers, with respect to the commodities and services identified under (a) of this § 5B-1.704-2 and with respect to small business concerns doing business in such commodities and services in their regional areas, have the responsibility to:

(1) Take appropriate actions to publicize advance and current information about regional and national GSA business opportunities to the maximum extent feasible.

(2) Provide maximum advance and current information, assistance, and counseling of such nature, extent, and timeliness as to enable small business concerns to take full advantage of the available GSA business opportunities and to compete for contracts.

(3) Develop and conduct public information and business relation techniques designed to obtain maximum interest and participation of small business concerns. Such activities inIclude, but are not limited to, the following:

(i) Arranging for and participating in meetings with business groups such as Chambers of Commerce, trade associations and similar organizations, State development corporations, Governors and Mayors' advisory groups, local business and civic organizations, and small business councils.

(ii) Developing, preparing, and distributing informational material de

(a) General. GSA has assumed complete responsibility for the initiation of all small business set-asides since the withdrawal of Small Business Administration (SBA) representatives from participation in the making of small business set-asides. Accordingly, procuring activities, to the maximum extent feasible, shall arrange for the making of unilateral small business set-asides on all procurements qualifying therefor, as provided in FPR Subpart 1-1.7, in addition to the set-asides required by the following paragraphs. (b) Construction contracts from $2,500 to $500,000. Pursuant to an understanding with the SBA, every proposed procurement for construction, including alteration, maintenance, and repairs, in excess of $2,500 and under $500,000 shall be considered individually as though the SBA had initiated a set-aside request, except as otherwise provided in § 5B-1.706(d). When, in the judgment of the contracting officer, a particular contract falling within these dollar limits is determined unsuitable as a set-aside for exclusive small business participation pursuant to FPR Subpart 1-1.7, he shall notify the appropriate GSA Regional Director of Business Affairs of this decision.

(1) Unless the Regional Director of Business Affairs or his designee disagrees with the contracting officer's decision, the contracting officer shall proceed to process the procurement on an unrestricted basis.

(2) If there is disagreement between the Regional Director of Business Affairs (or his designee) and the contracting officer concerning the initiation of a small business set-aside, such disagreement shall be referred to the head of the procuring activity involved. In the event the disagreement is not resolved, referrals shall be made as follows: