Reclamation Acquisition Regulations (RAR)
PART WBR 1419
SMALL BUSINESS PROGRAMS
SUBPART WBR 1419.2 -- POLICIES
WBR 1419.201 General policy.
WBR 1419.202 Specific policies.
WBR 1419.202-70 Acquisition
screening and BUDS recommendations.
SUBPART WBR 1419.5 -- SET-ASIDES FOR SMALL BUSINESS
WBR 1419.505 Rejecting Small Business Administration recommendations.
SUBPART WBR 1419.7 -- THE SMALL BUSINESS SUBCONTRACTING PROGRAM
WBR 1419.704 Subcontracting plan requirements.
WBR 1419.705 Responsibilities
of the contracting officer under the subcontracting assistance
program.
WBR 1419.705-2
Determining the need for a subcontracting plan.
WBR 1419.705-4 Reviewing the subcontracting
plan.
WBR 1419.705-5
Awards involving subcontracting plans.
WBR 1419.705-6 Post award responsibilities
of the contracting officer.
WBR
1419.705-7 Liquidated damages
WBR
1419.708 Solicitation provisions and contract clauses.
SUBPART 1419.8 -- CONTRACTING WITH THE SMALL BUSINESS ADMINISTRATION (THE 8(a) PROGRAM)
WBR 1419.800 General.
WBR 1419.803-70 Simplified procedured for
8(a) acquisition under MOUs
SUBPART WBR 1419.10 -- SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM
WBR 1419.1004 Participating agencies.
WBR 1419.1005 Applicability.
WBR 1419.1007 Procedures.
PART WBR 1419
SMALL BUSINESS PROGRAMS
SUBPART WBR 1419.2 -- POLICIES
(a) Annual socioeconomic development goals are negotiated by the Business Economic and Development Program (BEDP) Manager, D-7800, with each of the Acquisition Operation Office BUDS and the office of Small and Disadvantaged Business Utilization.
(b) AAMS is responsible for transmitting information pertaining to FAR Part 19, DIAR Part 1419, and WBR Part 1419 to BUDS through use of the Business Utilization Development Memoranda (BUDM) system.
WBR 1419.202 Specific policies .
WBR 1419.202-70 Acquisition screening and BUDS recommendations .
(a) The requirement at DIAR
1419.202-70(a) to complete form DI-1886 for acquisitions estimated
to exceed the SAT prior to any posting through the Governmentwide
point of entry (GFE) also applies to DI-1886s completed pursuant
to RAR WBR 1419.202-70(d).
d)
In order to implement the acquisition screening and review requirements
in DIAR 1419.202-70
the CO shall complete a DI-1886 for all acquisitions acquired
using simplified acquisition procedures, and not set aside for
very small business, emerging small business, small business,
small disadvantaged business, HUBZone small business,servuce-disable
veteran-owned small business,or directed for placement under the
8(a) program, and submit to the BUDS for approval.
SUBPART WBR 1419.5 -- SET-ASIDES FOR SMALL
BUSINESS
WBR 1419.505 Rejecting Small Business Administration recommendations. The CCO is delegated authority to make the written decision in response to an appeal made by the SBA pursuant to FAR 19.505(b).
SUBPART WBR 1419.7 -- THE SMALL BUSINESS SUBCONTRACTING
PROGRAM
WBR 1419.704 Subcontracting
plan requirements.
When a Small Business
Subcontracting Plan is required, the contracting officer shall:
(a) Provide a format substantially the same as found at WBR 1453.303-1419-1 to prospective offerors with the solicitation; or
(b) Call prospective offerors' attention to WBR 1453.303-1419-1 by means of a solicitation notice that identifies the website where the format may be found, e.g., http://www.usbr.gov/pmts/acquisitions
WBR 1419.705 Responsibilities of the contracting officer under the subcontracting assistance program .
WBR 1419.705-2 Determining the need for a subcontracting plan.
(a) The determination under FAR 19.705-2 (c) shall be approved by the CCO.
(b) A copy of the approved determination under paragraph (a) above shall be forwarded to the OSDBU and to AAMS, D-7800, within 10 days after contract award.
WBR 1419.705-4 Reviewing the subcontracting plan . Under a sealed bid solicitation, the CO shall document the contract file -
(a) When a bid is rejected as nonresponsive for failure of a subcontracting plan to meet the requirements of FAR 19.704 after the bidder has been informed of the deficiencies and a revised plan requested under FAR 19.705-4 (b) ; or
(b) When a bidder selected for award is determined to be nonresponsible on the basis of a submitted subcontracting plan which indicates noncompliance with the requirements of the clause at FAR 52.219-8.
WBR 1419.705-5 Awards involving subcontracting plans. Except in the circumstances listed in FAR 19.705-5(b) , subcontracting plans shall be incorporated into contracts before award as required by FAR 19.702 ( a)(1) and (2) and 19.705-5(a)(5).
WBR 1419.705-6 Post award
responsibilities of the contracting officer.
(h)
A copy of each approved subcontracting plan shall be forwarded
to AAMS, D-7800, and the appropriate SBA officials in accordance
with FAR
19.705-6.
(j) A copy of each Standard
Form 294, Subcontracting Report for Individual Contracts, received
from individual contractors, shall be forwarded to AAMS, D-7800.
(k) The CO and the BUDS are
encouraged to conduct a business and economic development program
management review of a prime contractor's small and disadvantaged
business subcontracting program when a Subcontracting Report for
Individual Contracts shows noncompliance with subcontracting goals
for that contract. The results of the review shall be documented
in writing using the format at DIAR 1453.303-70. A copy of review
report shall be submitted to AAMS, D- 7800, within 60 calendar
days after completion of the review.
WBR 1419.705-7 Liquidated damages.
If, at contract completion, a contractor has failed to meet the subcontracting goals of an individual contract plan, the CO shall, for the purpose of assessing possible liquidated damages pursuant to FAR 19.705-7 , , make a written determination on whether the contractor has failed to make a good faith effort to comply with its subcontracting plan. A copy of the determination shall be submitted to AAMS, D-7800. Any Reclamation CO who initially approved a commercial plan shall, at the close of each fiscal year for which the plan is applicable, perform the functions set forth at FAR 19.705-5(f) on behalf of all agencies with contracts covered by the commercial plan.
WBR 1419.708 Solicitation
provisions and contract clauses.
The
CO shall insert the clause at WBR
1452.219-80 in all solicitations and contracts containing
the clause at FAR
52.219-9, Small Business Subcontracting Plan.
SUBPART WBR 1419.8 -- CONTRACTING WITH THE
SMALL BUSINESS ADMINISTRATION (THE 8(a) PROGRAM)
WBR 1419.800 General.
(f) All 8(a) transactions shall be processed on
a direct award basis in accordance with the policies and procedures
of DIAPR 2002-1 and the Partnership Agreement between the Department
of the Interior and the Small Business Administration dated December
6, 2000.
WBR 1419.803-70 Simplified
procedures for 8(a) acquisition under MOUs.
COs
shall consider use of the 8(a) Program for acquisitions that do
not exceed the simplified acquisition threshold in FAR Part 13.
SUBPART WBR 1419.10 -- SMALL BUSINESS COMPETITIVENESS
DEMONSTRATION PROGRAM
WBR 1419.1004 Participating agencies. Effective October 1, 1989, the Department of the Interior became a participant in the Small Business Competitiveness Demonstration (SBCD) Program pursuant to DIAPR 89-58, Supplement 1, dated September 19, 1989.
WBR 1419.1005 Applicability. Targeted industry categories under FAR 19.1005 (b) for the Department of the Interior were identified in DIAPR 91-16, dated December 6, 1990, transmitted via BUDM 91-20, dated December 19, 1990.
WBR 1419.1007 Procedures. Due to the changing nature of the SBCD Program, information regarding implementation (including emerging small business set-asides and reinstatement of small business set-aside policies for the designated industry groups in FAR 19.1005(a)) will be transmitted via BUDM issued by AAMS, D-7800. (see WBR 1419.201(b) ).