GENERAL SERVICES ADMINISTRATION ACQUISITION MANUAL (GSAM)
Past performance on subcontracting plan goals. You can obtain information to evaluate an offeror’s past performance on subcontracting plan goals from the following sources:
(1) The Small Business Administration
(2) Information on prior contracts from contracting officers and administrative contracting officers.
(3) Offeror’s references.
(4) Past performance information collected under FAR 42.1500.
509.106 Preaward surveys.509.106-2 Requests for preaward surveys.Federal Supply Service (FSS). Contracting activities in FSS may use GSA Form 353, Performance Evaluation & Facilities Report, in lieu of SF 1403 through 1406. Complete Section I in accordance with instructions in 553.370-353-I. |
Subpart 509.2—Qualifications Requirements509.206 Acquisitions subject to qualification requirements.509.206-2 Contract clause.Insert 552.209-70, Product Removal from Qualified Products List, in solicitations and contracts containing FAR 52.209-1, Qualification Requirements. |
(a) If FSS requires first article testing and approval, it usually requires that the contractor perform testing and that the first article:
(1) Be produced at the same facility where production quantities will be produced.
(2) Serve as the manufacturing standard.
(b) In FSS, coordinate the need for first article testing and approval with the Quality Assurance Division (FQA). FQA provides the information to complete FAR 52.209-3 or 52.209-4.
509.306 Solicitation requirements.(a) The clauses at FAR 52.209-3 and 52.209-4 do not cover all the solicitation requirements described in FAR 9.306. If a solicitation contains a testing and approval requirement, you must address the requirements in FAR 9.306 paragraphs (d), (f), (g), (h), (i), and (j). For FSS, the clauses prescribed in 509.308 address the requirement in FAR 9.306(h). (b) In FSS solicitations that contain FAR 52.209-3, First Article Approval—Contractor Testing, or FAR 52.209-4, First Article Approval-Government Testing, insert 552.209-71, Waiver of First Article Testing and Approval Requirement. |
509.308 Contract clauses.509.308-1 Testing performed by the contractor.In FSS solicitations and contracts that will require the contractor to perform testing, insert 552.209-72, Supplemental Requirements for First Article Approval—Contractor Testing, and FAR 52.209-3, Alternate I. |
509.308-2 Testing performed by the Government.In FSS solicitations and contracts that will have the Government responsible for first article testing, insert 552.209-73, Supplemental Requirements for First Article Approval—Government Testing, and FAR 52.209-4, Alternate I. |
509.405 Effect of listing.509.405-1 Continuation of current contracts.(a) Consider terminating a current contract under any of the following circumstances: (1) Any of the circumstances giving rise to the debarment or suspension also constitute a default in the contractor’s performance of the contract. (2) The contractor presents a significant risk to the Government in completing the contract. (3) The conduct that provides the cause of the suspension, proposed debarment, or debarment involved a GSA contract. |
(b) Determine which of the following is in the Government’s best interest: (1) Terminate the contract for either convenience or cause. (2) Cancel under appropriate contract clauses (e.g., 552.238-73, Cancellation). (3) Use other available alternatives under: (i) FAR 3.2 and 503.2. (ii) FAR 3.7 and 503.7. |
(c) Before making a decision, consult with legal counsel and consider these factors: (1) Seriousness of the cause for debarment or suspension. (2) Extent of contract performance. (3) Potential costs of termination and reprocurement. (4) Need for or urgency of the requirement, contract coverage, and the impact of delay for reprocurement. (5) Availability of other safeguards to protect the Government’s interest until completion of the contract. (6) Availability of alternate competitive sources to meet the requirement (e.g., other multiple award contracts, readily available commercial items, etc.). |
(d) The debarring official is the designee under FAR 9.405-1(c). |
509.405-2 Restrictions on subcontracting.The debarring official is the designee under FAR 9.405-2(a). |
509.407 Suspension.509.407-1 General.The suspending official is the designee under FAR 9.407-1(d). |
509.407-3 Procedures.(a) General. The procedures in 509.406-3 apply to suspension actions except as noted in paragraph (b) of this section. (b) Fact-finding. (1) Fact-finding will not be conducted in an action: (i) Based on an indictment. (ii) When the suspending official finds no genuine dispute of material facts. (2) If the action is not based on an indictment, the suspending official must coordinate with the Department of Justice or state prosecutorial authority through OIG. Based on the advice received, the suspending official will determine if fact-finding would impair substantial interests of the Federal or state Government. In an action not based on an indictment, a suspended party may: (i) Identify to the suspending official material facts in dispute and the bases. (ii) Request review and a written finding by a fact-finding official to resolve genuine disputes of material fact. For procedures involving a genuine dispute of material fact, see 509.406-3(d)(3). |
The Senior Procurement Executive is the designee under FAR 9.503.