proposed affirmative COC action of the SBA field office. If SBA, Washington, D.C. does not concur with the proposed affirmative COC action of its field office, it shall so inform the Director of Business Affairs, OGPM. If SBA, Washington, D.C. concurs with the affirmative COC action proposed by the SBA field office, it shall so inform the Director of Business Affairs, OGPM, giving reasons for its position. Thereafter and within 10 working days after receipt of written notification of SBA's proposed affirmative action, OGPM shall notify the SBA Central Office, Washington, D.C. whether a formal appeal will be made at the Cer.tral Office of SBA. The appeal shall then be presented within 10 working days after the SBA Central Office is notified that an appeal will be made or at such later date as may be agreed upon by SBA and the Director of Business Affairs, OGPM. Following the appeal, the SBA Associate Administrator shall make a determination relative to the COC action and his determination will be considered final.

(iii) If agreement cannot be reached between the contracting officer and the SBA field office, the contracting officer may conclude it would not be practicable to appeal the case to the Washington SBA level nor would it be appropriate to withdraw his request for certificate of competency action. In that case, the contracting officer shall inform the SBA field office that it must issue a certificate of competency as prerequisite to contract award. However, such action shall not be taken by the contracting officer without prior approval of the Director of Business Affairs, OGPM.

§ 3-1.708-3 Conclusiveness of certificate of competency.

As provided in the Small Business Act (15 U.S.C. 637(b) (7)), procurement agencies are required to accept SBA certificates of competency as conclusive of a prospective contractor's responsibility as to capacity and credit. The SBA will make the following distribution of such certificates of competency:

(1) original to the cognizant HEW procurement office;

(2) carbon copy to the operating agency's headquarters procurement office.

§ 3-1.713-1 Authority.

The SBA will make the following distribution of such certificates of competency:

(a) Original to the cognizant HEW procurement office;

(b) Carbon copy to the operating agency's headquarters procurement office; and

(c) Carbon copy to the Office of Minority Business Assistance (OMBA), OASAM.

[37 FR 15153, July 28, 1972]

§ 3-1.713-2 Policy.

(a) Every possible effort shall be made by both procurement and program personnel to seek out, counsel, and advise minority business enterprises. One of the methods to be used will be the review of the "National Roster of Minority Professional Consulting Services" to associate requirements with the capabilities of the concerns listed (see section 2.d, Exhibit X8-15-2 of the HEW General Administration Manual). The procuring activity shall then notify the SBA 8(a) office of those concerns which appear to be acceptable.

(b) Minority concerns interested in doing business with the Department should be apprised of the section 8(a) program and OMBA. In addition, they should be advised of SBA's role in the implementation of the program and directed to the Office of Business Development, Small Business Administration, 1441 L Street NW., Washington, DC 20416, or the most convenient field office thereof as listed in Exhibit X3-1.713-2-1. [37 FR 15153, July 28, 1972]

§ 3-1.713-3 Procurement of supplies, services, and research and develop

ment.

(a) Notification. Within 10 working days after receipt of the procurement package, SBA will contact the procuring activity to establish a mutually agreeable schedule for subsequent negotiation of the 8(a) contract. If SBA has not contacted the procuring activity within this period, the procuring activity will notify SBA of its intent to proceed with the procurement without further regard to the section 8(a) procedures unless additional time is requested by SBA and such additional time can be granted, considering the urgency of the requirements.

(b) Provisions of contracts with SBA. (1) Forms HEW-554, -555, and -556, shall be prepared for contracts which

Region

201 McClellan St. (906) 225-1108.

36 South Pennsylvania St., Room 108, Century Bldg. (317) 633-7124.

25 West Main St., Room 303, Reimann Bldg. (608) 256-4761. 735 West Wisconsin Ave., Room 905, Strauss Bldg. (414) 244-3941.

500 South Barstow St., Room 16, Federal Office Bldg. and U.S. Courthouse (715) 834-9012.

12 South 6th St., Plymouth Bldg. (612) 725-2341. 1100 Commerce St., Room 300 (214) 749-1263.

Federal Bldg. and Courthouse, 500 Gold Ave. SW. (505) 843-2871.

1015 El Paso Rd., First National Bank Tower, Room 223 (505) 843-0311**.

808 Travis St., Room 1210, Niels Esperson Bldg. (713) 2264341.

Post Office and Courthouse Bldg. West Capital Ave., Room 377 (501) 372-5871.

1205 Texas Ave. (806) 747-3462.

109 North Oregon St., Suite 417, El Paso National Bldg. (915) 533-5494.

219 East Jackson St., (512) 423-8933.

Post Office and Customhouse Bldg., Room 8,701 North Upper Broadway (512) 883-5436.

505 East Travis St., Room 201, Travis Terrace Bldg. (214) 935-5257.

124 Camp St., Room 505, Gateway Bldg. (504) 527-2744. 30 North Hudson St., Room 501, Mercantile Bldg. (405) 2314301.

301 Broadway, Room 300, Manion Bldg. (512) 225-4745. 911 Walnut St., 24th Floor (816) 374-3316.

New Federal Bldg., 210 Walnut St., Room 749 (515) 2844567.

Federal Bldg., 215 North 17th St., Room 7419 (402) 221-3620. Federal Bldg,. 210 North 12th St.. Room 520 (314) 622-4194. 120 South Market St., Room 301 (316) 267-6568. 721 19th St., Room 426A (303) 837-4021.

300 North Center St., Room 3, Western Bldg. (307) 265-3269. Federal Bldg., 653 2d Ave., North, Room 218 (701) 237-5131. Power Block Bldg., Corner Main and 6th Ave., Room 208 (406) 442-3301.

Federal Bldg., 125 South State St., Room 2237 (801) 5245804.

National Bank Bldg., 8th and Main Ave., Room 402 (605) 336-2231.

Federal Bldg., 450 Golden Gate Ave. (415) 556-7487. 300 Las Vegas Blvd., South, Room 4-104 (702) 385-6271. Federal Bldg., 1130 O St., Room 4015 (209) 487-5189. 1149 Bethel St., Room 402 (808) 546-8950.

Ada Plaza Center Bldg. (-) 777-8420**. 849 South Broadway (213) 688-2977.

112 North Central Ave. (602) 261-3611.

110 West C St. (714) 293-5430.

14 Branch Offices (BO). 8 Post-of-Duty (POD).

the procurement base of Federal buying agencies; (b) stimulation of local, regional, and national economic growth, national security, and cost reduction; (c) location of underutilized production capacity; (d) prevention or elimination of pockets of underemployment; and (e) assistance of small business concerns. As notified by the Small Business Advisor, HEW procurement activities shall pro

vide appropriate small business specialists or procurement personnel to participate in person-to-person counseling by such conferences. Ordinarily, participation by procurement activities will be restricted to conferences held within the geographical area adjacent to their procurement offices.

§ 3-1.752 Contracts with minority business firms.

[37 FR 15153, July 28, 1972]

§ 3-1.752-1 General.

This section sets forth the policy and procedures for contracting with minority business enterprises other than under section 8(a) of the Small Business Act. [37 FR 15153, July 28, 1972]

Executive Order 11458, dated March 5, 1969, established the Office of Minority Business Enterprises in the Department of Commerce. Executive Order 11625, dated October 13, 1971, superseding Executive Order 11458, clarifies the authority of the Secretary of Commerce (a) to implement Federal policy in support of the minority business enterprise program; (b) to provide additional technical and management assistance to disadvantaged businesses; (c) to assist in demonstration projects; and (d) to coordinate the participation of all Federal departments and agencies in an increased minority enterprise effort.

[37 FR 15153, July 28, 1972]

§ 3-1.752-3

Policy.

It is the policy of DHEW, to the maximum extent practicable, to foster and assist in the establishment or growth of minority owned and controlled business concerns so that they may become selfsustaining, viable competitive enterprises.

[37 FR 15153, July 28, 1972]

§ 3-1.752-4 Procedures.

Until such time as the Secretary of Commerce prescribes specific procedures designed to implement Executive Order 11625, procuring activities shall follow the procedures set forth in Subpart 1-1.13 of the Federal Procurement Regulations. (37 FR 15153, July 28, 1972]

§ 3-1.752-5 Reporting requirements.

(a) Procurement statistics on known minority enterprises other than 8(a) will be gathered to the extent practicable

without violating laws or rights of individuals concerned. Information requested will be solely on a voluntary basis and refusal to furnish such information will not be a basis for granting or denying consideration relative to instant or future awards.

(b) Headquarters procurement activities shall report all minority procurement transactions to the Office of Minority Business Assistance (OMBA), OASAM, in duplicate form. Each report shall cover the period of 1 calendar month and shall be submitted so as to arrive in OMBA not later than 10 working days after the close of each reporting period.

(c) Reports of minority procurements from other than 8(a) sources shall include the (1) name and address of each contractor; (2) contract number; (3) brief description of each requirement; (4) date and dollar amount of each award; and (5) identification of contractor as profit or nonprofit organization. Negative reports, if any, are required. [37 FR 15153, July 28, 1972]

Subpart 3-1.12-Responsible
Prospective Contractors

SOURCE: 37 FR 3353, Feb. 15, 1972, unless otherwise noted.

§ 3-1.1200 Scope of subpart.

This subpart implements the policies set forth in FPR 1-1.12 concerning the responsibility of prospective contractors, minimum standards for responsible prospective contractors, requirements and procedures for the determination of responsibility, and policies regarding the determination of subcontractor

responsibility.

§ 3-1.1203 Minimum standards for responsible prospective contractors.

§ 3-1.1203-2 Additional standards.

In addition to the standards set forth in FPR 1-1.1203-1 and -2, a prospective contractor, in order to be determined as responsible must, in the opinion of the contracting officer, meet the following standards as they relate to the particular procurement under consideration.

(a) Have an established system of accounting and financial controls which are determined by the contracting officer to be adequate to permit the effective administration of the type of contract proposed, particularly if under its terms the costs incurred are a factor in de

termining the amount payable under the contract, or if advance or progress payments are requested.

(b) In determining the adequacy of a prospective contractor's financial resources for the performance of the proposed contract, as required by FPR 1-1.1203-1(a), particular attention shall be given to the ability of the contractor to discharge his full financial responsibility for charges and losses of Government-furnished material, when the contractor has responsibility for such material.

§ 3-1.1204 Determination of responsibility or nonresponsibility.

§ 3-1.1204-1 Requirement.

(a) The signing of the contract shall be deemed to be evidence of the contracting officer's affirmative determination that a contractor is responsible within the meaning of FPR 1-1.1202. In the event that a contracting officer determines a prospective contractor to be nonresponsible within the meaning of FPR 1-1.1202, a written determination to this effect shall be made by the contracting officer and placed in the contract file. (See FPR 1-1.708 and HEWPR 3-1.708-2 if a small business concern is involved.)

Subpart 3-1.16-Reports of Identical

§ 3-1.1603

Bids

Reporting requirements. [35 F.R. 19752, Dec. 30, 1970]

§ 3-1.1603-3 Submission of reports.

(a) In order to ensure expeditious submission, contracting officers shall forward reports required by § 1-1.1603 directly to the Attorney General, Ref. AT-IBR, Washington, D.C. 20530.

(b) A copy of each identical bid report shall be submitted promptly to the Division of Procurement and Materiel Management, OASA-OGS.

[35 F.R. 19752, Dec. 30, 1970]

Subpart 3-1.52-Safety and Health

SOURCE: The provisions of this Subpart 8-1.52 appear at 35 F.R. 16921, Nov. 3, 1970, unless otherwise noted.

§ 3-1.5200 Scope of subpart.

This subpart prescribes (a) the use of a safety and health clause in contracts involving hazardous materials or operations, and (b) procedures for developing and administering safety and health provisions.

§ 3-1.5201 General,

Various statutes and regulations (e.g., Walsh-Healey Act; Service Contract Act) require adherence to minimum safety and health standards by contractors engaged in potentially hazardous work. Positive action to reduce accidents and conditions hazardous to health under all contracts is in the Government's interest since the cost of such accident and health hazards is borne by the Government through higher prices and sometimes by direct indemnification of contractors against liability claims. § 3-1.5202 Definition.

Hazardous materials or operations are those which have the potential of producing adverse environmental conditions, such as, fire, heat, acoustics, toxicity, radiation, light, acids, biologicals, etc.

Whenever the performance of a contract will require use of hazardous materials or operations, the procuring activity shall require the prime contractor and subcontractors to:

(a) Provide protection for the life and health of HEW employees, contractor employees, other persons involved with work on HEW programs and projects, and the public;

(b) Avoid accidental work interruptions which could delay progress of HEW programs and projects;

(c) Maintain controls for the prevention of damage and loss to property; and

(d) Accumulate and provide data necessary for analysis of risk and loss factors relating to HEW programs and projects.

§ 3-1.5204 Actions required.

(a) Procuring activities. Procuring activities shall use the example set forth in § 3-1.5205(b) as a guide in developing appropriate safety and health clauses for use in prospective contracts involving the following:

(1) Services or products;

(2) Research, development, or test projects;

(3) Transportation of hazardous materials; and

(4) Construction, including construction of facilities on contractor's premises.

(b) Safety officers. Safety officers of operating agencies shall advise and assist