2801.270-1 Revisions.
2801.304 Agency control and compliance procedures.
2801.403 Individual deviations.
2801.404 Class deviations.
2801.470 Requests for class deviations.
2801.601 General.
2801.602 Contracting Officers.
2801.602-3 Ratification of unauthorized commitments.
2801.603 Selection, appointment and termination of appointment.
2801.603-1 Department of Justice Acquisition Career Management Program
2801.603-3 Appointment
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 28 CFR 0.76(j).
Individual deviations from the FAR or the JAR shall be approved by the head of the
contracting activity (HCA). A copy of the deviation shall be included in the contract
file. Copies of all deviations will be provided to the PE.
- (b) The acquisition authority delegated to the officials in 2801.601(a) may be
redelegated to subordinate officials as necessary for the efficient and proper
administration of the Department's acquisition operations. Such redelegated authority
shall expressly state whether it carries the power of redelegation of authority.
- (c) The redelegation of contracting authority directly to specific persons without
regard for intermediate organizational levels only establishes authority to represent the
Government in its commercial business dealings. It is not intended to affect the
organizational relationship between the contracting officers and higher administrative and
supervisory levels in the performance of their duties.
2801.602 Contracting officers.
2801.602-3 Ratification of unauthorized commitments.
- The HCA may delegate the authority to ratify unauthorized commitments to the chief of
the contracting office, except for those actions effected by his or her office. Dollar
thresholds for delegations made under this section will be determined by the HCA. Copies
of all ratifications are to be provided to the PE.
2801.603 Selection, appointment and termination of appointment.
2801.603-1 Department of Justice Acquisition Career Management Program
- (a) Each Bureau Procurement Chief shall develop and manage an acquisition career
management program for contracting personnel in his or her component, consistent and
uniform with this section and the Department of Justice Acquisition Procurement Career
Management Program.
- (b) The program shall cover all contracting personnel in the following categories:
- (1) General Schedule (GS-1102) Contracting Series;
- (2) Contracting officers, regardless of General Schedule Series, with contracting
authority above the simplified acquisition threshold;
- (3) Purchasing Series (GS-1105), other individuals performing purchasing duties and
individuals with contracting authority between the micro purchase and simplified
acquisition thresholds.
- (4) All Contracting Officer Representatives/Contracting Officer Technical
Representatives, or equivalent positions.
- (c) The program shall include:
- (1) Management Information System. Standardized information on the acquisition
workforce will be collected and maintained. To the maximum extent practicable, such data
requirements shall conform to the standards established by the Office of Personnel
Management for the Central Personnel Data File and shall be compatible with the Department
of Justice acquisition workforce management information system.
- (2) Individual Assessments and Development Plans for Personnel in the GS-1102
Contracting Series.
- (i) An individual assessment by a supervisor of each covered employee's state of
competence to perform the full range of potential duties of his or her job; and
- (ii) An individual development plan to schedule classroom, on-the-job training, or other
training to develop the employee's skill level to an appropriate level in each area of
competence necessary to perform his or her job.
- (iii) Individual assessments and development plans should be designed to fit the needs
of the component, but they should be built upon the units of competence and instruction
prepared by the Federal Acquisition Institute whenever feasible. Individual development
plans should attempt to bring the employee to an appropriate level of skill in all
necessary competencies in the field of procurement. In general, a proficiency skill level
of 3, as defined in Attachment 1 to Office of Federal Procurement Policy (OFPP) Policy
Letter 92-3, shall be obtained for any contracting duty that is actually required to be
performed on the job. Individual assessments and development plans should be reviewed
annually and revised as appropriate, until the employee reaches the full competency level
of his or her job.
- (iv) Employees who perform only purchasing duties, regardless of occupational series,
shall be required to obtain the requisite level of skill only in competencies involving
simplified acquisitions. If the employee's duties are expanded to include contracting
duties, then skill in procurement competencies must be assessed and developed.
- (v) Individual assessments of covered employee skills shall be completed within 90 days
of the employee's entry on duty.
- (3) Mandatory Training. Training shall be provided for the identified categories
of contracting personnel to meet the minimum standards identified in OFPP Policy Letter
97-01.
- (4) Skills Currency. Contract Specialists (GS-1102) and contracting officers with
authority to obligate funds above the micro-purchase threshold that have satisfied the
mandatory training requirements, shall be provided the equivalent of at least 40 hours of
continuing procurement and acquisition related education and training every two years for
the purpose of maintaining the currency of acquisition knowledge and skills.
- (5) Program Funding. Bureau Procurement Chiefs are responsible for assessing the
funding needs to provide for the education and training of their acquisition workforce and
requesting such funding in the annual budget process.
2801.603-3 Appointment
- Contracting officers whose authority will be limited to micro-purchases shall be
appointed in writing and include any limitations to that authority.
- SUBPART 2801.70 - CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE.
2801.7001-701 General.
- Contracting officers may appoint individuals selected by program offices to act as
authorized representatives in the monitoring and administration of a contract. Such
officials shall be designated as Contracting Officers' Technical Representatives (COTR's).
2801.7001-702 Selection, appointment, and limitation of authority.
- (a) COTR Standards Program. This subpart sets forth policies and procedures for
establishing standards for COTR's in DOJ. The program sets forth minimum standards for
individuals to be eligible for an appointment as a COTR.
- (b) Applicability. The eligibility requirements of this subpart apply to all individuals
who are designated by the contracting officer as COTR's.
- (c) Eligibility standards. To be determined eligible for an appointment as a DOJ COTR,
the following standards must be met:
- (1) The candidate must attend and successfully complete a minimum of a 16-hour basic
COTR course; and
- (2) The candidate must attend a minimum of 1 hour training specifically in procurement
ethics, either through courses offered periodically by the Department, the bureaus, or a
Government or commercial vendor.
- (d) Limitations. Each COTR appointment made by the contracting officer shall clearly
state that the representative is not an authorized contracting officer and does not have
the authority under any circumstances to:
- (1) Award, agree to award, or execute any contract, contract modification, notice of
intent, or other form of binding agreement;
- (2) Obligate, in any manner, the payment of money by the Government;
- (3) Make a final decision on any contract matter which is subject to the clause at FAR
52.233-1, Disputes; or
- (4) Terminate, suspend, or otherwise interfere with the contractor's right to proceed,
or direct any changes in the contractor's performance that are inconsistent with or
materially change the contract specifications.
- (e) Termination. Termination of the COTR's appointment shall be made in writing by the
contracting officer and shall give the effective date of the termination. The contracting
officer shall promptly modify the contract once a COTR termination notice has been issued.
A termination notice is not required when the COTR's appointment terminates upon
expiration of the contract.
- (f) Waivers. No individual may serve as a COTR on any contract without the requisite
training and signed COTR certificate for the file. In the rare event that there is an
urgent requirement for a specific individual to serve as a COTR and the individual has not
successfully completed the required training, the BPC may waive the training requirements
and authorize the individual to perform the COTR duties, for a period of time not to
exceed 120 days. The waiver will be granted in accordance with bureau procedures.
- (g) The clause at 2852.201-70, is required in all contracts where a COTR is designated.
PART 2802
DEFINITIONS OF WORDS AND TERMS
- SUBPART 2802.1 - DEFINITIONS
2802.101 Definitions
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 28 CFR 0.76(j).
PART 2802
DEFINITIONS OF WORDS AND TERMS
- SUBPART 2802.1 - DEFINITIONS
2802.101 Definitions.
- Throughout this chapter, the following words and terms are used as defined in this
subpart unless the context in which they appear clearly requires a different meaning, or a
different definition is prescribed for a particular part or portion of a part.
- (a) "Bureaus" means contracting activities. (See "contracting
activity" in this subpart.)
- (b) "Bureau procurement chief" means that supervisory official who is directly
responsible for supervising, managing and directing all contracting offices of the bureau.
- (c) "Chief of the contracting office" means that supervisory official who is
directly responsible for supervising, managing and directing a contracting office.
- (d) "Contracting activity" means a component within the Department which has
been delegated procurement authority to manage contracting functions associated with its
mission. See 2801.601(a).
- (e) "DOJ" means the Department of Justice.
- "HCA" means head of the contracting activity i.e. those officials identified
in 2801.601(a) having responsibility for supervising, managing, and directing the
operations of the contracting activities.
- "JAR" means the Department of Justice Acquisition Regulations in 48 CFR
Chapter 28.
- "JMD" means the Justice Management Division.
- "OBDs" means the offices, boards, and divisions within the Justice Department.
- "PE" means the Procurement Executive for the Department of Justice.
PART 2803
IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST
SUBPART 2803.1 - SAFEGUARDS
2803.101-3 Agency Regulations.
2803.104 Procurement integrity.
2803.104-10 Violations or possible violations.
2803.104-70 Ethics program training requirements.
SUBPART 2803.2 - CONTRACTOR GRATUITIES TO GOVERNMENT PERSONNEL
2803.203 Reporting suspected violations of the Gratuities clause.
2803.204 Treatment of violations.
SUBPART 2803.3 - REPORTS OF SUSPECTED ANTITRUST VIOLATIONS
2803.301 General
SUBPART 2803.9 - WHISTLEBLOWER PROTECTIONS FOR CONTRACTOR EMPLOYEES
2803.905 Procedures for investigating complaints.
2803.906 Remedies.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 28 CFR 0.76(j).
PART 2803
IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST
- SUBPART 2803.1 - SAFEGUARDS
2803.101-3 Agency Regulations.
- The DOJ regulations governing Standards of Conduct are contained in 5 CFR Part 2635.
2803.104 Procurement integrity.
2803.104-10 Violations or possible violations.
- (a) Upon receipt of information of a violation or possible violation of section 27 of
the Act, the contracting officer must do the following:
- (1) Refer the matter to the Office of the Inspector General or other office designated
in Attorney General Order 1931-94; and,
- (2) make the determination required by FAR 3.104-10(a) and follow the procedures
prescribed therein.
- (b) The individual referenced in FAR 3.104-10(a)(1) is the Bureau Procurement Chief.
- (c) The HCA must follow the criteria contained in FAR 3.104-10(g) when designating
authority under this subpart.
- (d) The HCA, or designee, shall refer information regarding actual or possible
violations of section 27 of the Act to the Office of the Inspector General or other office
designated in Attorney General Order 1931-94 for guidance before taking action.
- (e) If the HCA, or designee, receiving the information of a violation, or possible
violation, determines that award is justified by urgent and compelling circumstances, or
is otherwise in the interest of the Government, then the contracting officer may be
authorized to award the contract after notification to the Office of the Inspector General
or other office designated in Attorney General Order 1931-94.
- (f) The contracting officer will be advised, or directed by the HCA, or designee, as to
the action to be taken. The types of actions that would normally be taken when a violation
has occurred that affected the outcome of a procurement are listed in FAR 3.104-11(d).
- (g) The PE shall be advised of all instances where violations have been determined to
have occurred. Information must describe the violation as well as actions taken.
2803.104-70 Ethics program training requirements.
- It is the responsibility of the bureaus to provide training for "procurement
officials" concerning the requirements of FAR 3.104. The bureau procurement training
efforts should be coordinated with the Department's Ethics Official, who is responsible
for developing agency ethics training plans, to include briefings on ethics and standards
of conduct for employees who are contracting officers and procurement officials. The
Ethics Official should be contacted directly to schedule training.
- SUBPART 2803.2 - CONTRACTOR GRATUITIES TO GOVERNMENT PERSONNEL
2803.203 Reporting Suspected Violations Of the Gratuities Clause.
- DOJ personnel shall report suspected violations of the gratuities clause to the
contracting officer or chief of the contracting office in writing. The report shall
clearly state the circumstances surrounding the incident, including the nature of the
gratuity, the behavior or action the gratuity was to influence, and the persons involved.
The contracting officer, after review, shall forward the report along with his or her
recommendations regarding the treatment of the violation in accordance with FAR 3.204(c)
to the HCA or designee.
2803.204 Treatment of violations.
- (a) The HCA or designee shall determine whether adverse action against the contractor in
accordance with FAR 3.204(c) should be taken. In reaching a decision, the HCA or designee
shall consult with the contracting activity's legal advisor and the Office of the
Inspector General or other office designated in Attorney General Order 1931-94.
- (b) Prior to taking any action against the contractor the HCA or designee shall allow
the contractor the opportunity to present opposing arguments in accordance with FAR
3.204(b).
- (c) The PE shall be advised of all instances where violations have been determined to
have occurred. Information must describe the violation as well as actions taken.
- SUBPART 2803.3 - REPORTS OF SUSPECTED ANTITRUST VIOLATIONS
2803.301 General.
- Reports of suspected antitrust violations shall be referred to the AG and PE in
accordance with bureau procedures.
- SUBPART 2803.9 - WHISTLEBLOWER PROTECTIONS FOR CONTRACTOR EMPLOYEES
2803.905 Procedures for investigating complaints.
- (a) The Inspector General shall conduct an investigation and provide a written report of
findings to the HCA.
- (b) The HCA will ensure that the Inspector General provides the report of finding as
specified in FAR 3.905(c).
- (c) The complainant and contractor shall be afforded the opportunity to submit a written
response to the report of findings within 30 days to the HCA. Extensions of time to file a
written response may be granted by the HCA.
- (d) The HCA may at any time request additional investigative work be done on the
complaint.
2803.906 Remedies.
- (a) Upon determination that a contractor has subjected one of its employees to a
reprisal for providing information, the HCA may take one or more actions specified in FAR
3.906(a).
- (b) Whenever a contractor fails to comply with an order, the HCA shall request an action
be filed for enforcement of such order in the United States district court.
PART 2804
ADMINISTRATIVE MATTERS
SUBPART 2804.4 - SAFEGUARDING CLASSIFIED INFORMATION WITHIN INDUSTRY
2804.402 General.
2804.403 Responsibilities of contracting officers.
22804.470 Contractor Personnel Security Program.
2804.470-1 Policy.
2804.470-2 Responsibilities.
SUBPART 2804.5 - ELECTRONIC COMMERCE IN CONTRACTING
2804.506 Exemptions.
SUBPART 2804.6 - CONTRACT REPORTING.
2804.602 Federal Procurement Data System.
SUBPART 2804.8 - GOVERNMENT CONTRACT FILES
2804.805 Storage, handling, and disposal of contract files.
SUBPART 2804.9 - INFORMATION REPORTING TO THE INTERNAL REVENUE SERVICE
2804.901 Definitions.
2804.902 Contract information.
2804.970 Special reporting exceptions.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 28 CFR 0.76(j).
PART 2804
ADMINISTRATIVE MATTERS
- SUBPART 2804.4 - SAFEGUARDING CLASSIFIED INFORMATION WITHIN INDUSTRY
2804.402 General.
- Classified acquisitions or contracts which require access to classified material, as
defined in FAR 4.401, for their performance shall be subject to the policies, procedures,
and instructions contained in departmental regulations and shall be processed in a manner
consistent with those regulations.
2804.403 Responsibilities of contracting officers.
- For proposed solicitations and contracts which may require access to classified material
or where guard services are assigned to safeguard departmental activities in possession of
classified information, the contracting officer shall consult with the COTR and the
Director, Security and Emergency Planning Staff, JMD, to determine the appropriate
security measures to safeguard such material and information.
2804.470 - CONTRACTOR PERSONNEL SECURITY PROGRAM
2804.470-1 Policy.
- It is the policy of the Department of Justice that all acquisitions which allow
unescorted contractor access to Government facilities or sensitive information contain, as
appropriate, requirements for appropriate personnel security screening by the contractor.
To the maximum extent practicable, contractors shall be made responsible for the
performance of personnel security screening. The personnel security screening may vary
from one acquisition to another, depending upon the type, context, duration and location
of the work to be performed. Classified contracts are exempted from the requirements of
this section because they are governed by the requirements of Executive Order 12829
(January 6, 1993).
2804.470-2 Responsibilities.
- (a) The primary acquiring component, together with its Security Program Manager, is
responsible for providing the contracting officer with the appropriate contractor
personnel security screening requirements (including waiver requirements, if appropriate)
to be included in the statement of work.
- (b) The contracting officer is responsible for including in the contract file for all
such acquisitions, a certification made by the responsible Security Program Manager that
the personnel security requirements of the contract are adequate to ensure the security of
Departmental operations, information and personnel.
- (c) The Security Program Manager for the acquiring component is responsible for
monitoring and ensuring that the contractor personnel security requirements of the
contract are accomplished.
- (d) For purposes of this section, the term Contracting Officer includes anyone empowered
to place orders under Blanket Purchase Agreements (BPA) or any other existing contract
vehicle and/or through the use of the government-wide commercial purchase card.
- SUBPART 2804.5 - ELECTRONIC COMMERCE IN CONTRACTING
2804.506 Exemptions.
- Pursuant to FAR 4.506(b), all determinations that FACNET processing is not
cost-effective or practicable for the contracting office, or portions thereof, shall be
initiated by the HCA and submitted to the PE for processing to the Attorney General for
signature.
- SUBPART 2804.6 - CONTRACT REPORTING.
2804.602 Federal Procurement Data System.
- (a) Federal Procurement Data System (FPDS) reports shall be submitted to the Procurement
Policy and Review Group (PPRG) within 20 days of the close of each of the first three
quarters of the fiscal year and within 30 days after the close of the fourth quarter.
Specific preparation procedures are contained in the FPDS Reporting Manual and the Product
and Service Code Manual.
- (b) Bureaus shall submit periodic reports of their subcontract activities, together with
copies of their Standard Forms 295 and 294 to the Director, Office of Small and
Disadvantaged Business Utilization (OSDBU) as required by that office.
- (c) BPCs shall provide to the PE, the name, office, mailing address, and telephone
number of the individual who will provide day-to-day operational contact within the bureau
for the implementation of the FPDS. Changes and updates shall be forwarded to PPRG within
10 days after they occur. It is the responsibility of the bureau contacts to ensure that
all actions are reported and submitted to PPRG in a timely manner and that all statistics
and reports are accurate, current, and complete. BPCs shall be responsible for validating
the data.
- SUBPART 2804.8 - GOVERNMENT CONTRACT FILES
2804.805 Storage, handling, and disposal of contract files.
- In accordance with FAR 4.805, each bureau shall prescribe procedures for the handling,
storing, and disposing of contract files.
- SUBPART 2804.9 - INFORMATION REPORTING TO THE INTERNAL REVENUE SERVICE
2804.901 Definitions.
- "Classified contract", as used in this subpart, means a contract such that the
fact of its existence or its subject matter has been designated and clearly marked or
clearly represented, pursuant to the provisions of Federal law or an Executive Order, as
requiring a specific degree of protection against unauthorized disclosure for reasons of
national security.
- "Confidential contract", as used in this subpart, means a contract, the
reporting of which to the Internal Revenue Service (IRS) as required under 26 U.S.C.
6050M, would interfere with the effective conduct of a confidential law enforcement
activity, such as contracts for sites for undercover operations or contracts with
informants, or foreign counterintelligence activity.
2804.902 Contract information.
- (a) Pursuant to FAR 4.902, the HCA, or delegate, shall certify to the PE, in the format
specified in this section, under penalty of perjury, that such official has examined the
information submitted by that bureau as its FPDS data, that the data has been prepared
pursuant to the requirements of 26 U.S.C. 6050M, and that, to the best of such official's
knowledge and belief it is compiled from bureau records maintained in the normal course of
business for the purpose of making a true, correct and complete return as required by 26
U.S.C. 6050M.
- (b) The following certification will be signed and dated by the HCA, or delegate, and
submitted with each bureau quarterly FPDS report (as specified by 2804.602).
- CERTIFICATION
I,________________(Name),________________________(Title) under the penalties of perjury
have examined the information to be submitted by________________(Bureau) to the
Procurement Executive , for making information returns on behalf of the Department of
Justice to the Internal Revenue Service, and certify that this information has been
prepared pursuant to the requirements of 26 U.S.C. 6050M and that it is to the best of my
knowledge and belief, a compilation of bureau records maintained in the normal course of
business for the purpose of providing true, correct and complete returns as required by 26
U.S.C. 6050M.
Signature ____________________ Date ______________
- (c) The PE will certify the consolidated FPDS data for the Department, transmit the data
to the Federal Procurement Data Center (FPDC) and authorize the FPDC to make returns to
the IRS on behalf of the agency.
2804.970 Special reporting exceptions.
- (a) The Technical and Miscellaneous Revenue Act of 1988 (Pub. L. 100-647) amended 26
U.S.C. 6050M to allow exceptions to the reporting requirements for certain classified or
confidential contracts.
- (b) The head of the agency has determined that the filing of information returns, as
required by 26 U.S.C. 6050M, on confidential contracts, which involve law enforcement or
foreign counterintelligence activities, would interfere with the effective conduct of
those confidential law enforcement or foreign counterintelligence activities, and that the
special reporting exceptions added to 26 U.S.C. 6050M by The Technical and Miscellaneous
Revenue Act of 1988 apply to these types of contracts.
SUBCHAPTER B - Competition and Acquisition Planning
PART 2805
PUBLICIZING CONTRACT ACTIONS
SUBPART 2805.2 - SYNOPSES OF PROPOSED CONTRACT ACTIONS
2805.201-70 Departmental notification.
SUBPART 2805.3 - SYNOPSES OF CONTRACT AWARDS
2805.302-70 Departmental notification.
SUBPART 2805.5 - PAID ADVERTISEMENTS
2805.502 Authority.
2805.503-70 Procedures.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 28 CFR 0.76(j).
PART 2805
PUBLICIZING CONTRACT ACTIONS
- SUBPART 2805-2 - SYNOPSES OF PROPOSED CONTRACT ACTIONS
2805.201-70 Departmental notification.
(a) A copy of each synopsis of a proposed contract action sent to the Department of
Commerce, shall be furnished to the Director, Office of Small and Disadvantaged Business
Utilization (OSDBU), Justice Management Division (JMD).
(b) Contracting officers shall document, in the contract file, that a copy of the notice
has been forwarded to the OSDBU. A "cc" to the OSDBU on the file copy of the
Commerce Business Daily (CBD) notice shall be considered adequate documentation.
- SUBPART 2805.3 - SYNOPSES OF CONTRACT AWARDS
2805.302-70 Departmental notification.
- (a) The contracting officer shall forward a copy of the synopsis of contract award, as
prepared under FAR 5.302, to the Director, OSDBU, JMD.
- (b) Contracting officers shall document in the contract file that a copy of the notice
has been forwarded to the OSDBU. A "cc" to the OSDBU on the file copy of the CBD
notice shall be considered adequate documentation.
- SUBPART 2805.5 - PAID ADVERTISEMENTS
- This subpart provides policies and procedures for the procurement of paid advertising as
covered by 5 U.S.C. 302, 44 U.S.C. 3701, 3702, and 3703, and Title 7, Chapter 5-25.2,
General Accounting Office Policy and Procedures Manual for Guidance of Federal Agencies.
2805.502 Authority.
- (a) Authorization for paid advertising is required for newspapers only. Pursuant to 28
CFR 0.14, the authority to approve publication of paid advertisements in newspapers has
been delegated to the officials listed in 2801.601(a). This authority may be redelegated
as appropriate.
- (b) Authority to purchase paid advertising must be granted in writing by an official
delegated such authority. No advertisement, notice, or proposal will be published prior to
receipt of advance written authority for such publication. No voucher for any such
advertisement or publication will be paid unless there is presented, with the voucher, a
copy of such written authority. Authority shall not be granted retroactively.
2805.503-70 Procedures.
- (a) Agency officials exercising the authority delegated by 2805.502(a) and (b) shall do
so in accordance with the procedures set forth in FAR 5.503 and those in this subsection.
- (b) Requests for procurement of advertising shall be accompanied by written authority to
advertise or publish which sets forth justification and includes the names of newspapers
or journals concerned, frequency and dates of proposed advertisements, estimated cost, and
other pertinent information.
- (c) Procedures for payment of vouchers are contained in Title 7, Chapter 5-25.2, General
Accounting Office Policy and Procedures Manual for Guidance of Federal Agencies.
PART 2806
COMPETITION REQUIREMENTS
SUBPART 2806.3 - OTHER THAN FULL AND OPEN COMPETITION
2806.302 Circumstances permitting other than full and open competition.
2806.302-7 Public interest
2806.302-70 Determination and findings.
2806.303 Justifications.
2806.303-1 Requirements.
2806.303-2 Content.
2806.304 Approval of the justification.
SUBPART 2806.5 - COMPETITION ADVOCATES
2806.501 Requirement.
2806.502 Duties and responsibilities.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 28 CFR 0.76(j).
PART 2806
COMPETITION REQUIREMENTS
- SUBPART 2806.3 - OTHER THAN FULL AND OPEN COMPETITION
2806.302 Circumstances permitting other than full and open competition.
2806.302-7 Public interest.
2806.302-70 Determination and findings.
- (a) Procedure. The determination and findings (D&F) required by FAR 6.302-7(c)(1)
shall be prepared in the format provided in paragraph (b) of this subsection. The original
D&F and documentation supporting the use of this exception to the requirement for full
and open competition shall be submitted to PPRG, JMD, for concurrence and coordination to
the Attorney General for signature.
- (b) Format. The following format shall be used for the D&F:
Department of Justice
Washington, DC 20530
Determination and Findings
Authority To Use Other Than Full and Open Competition
- Upon the basis of the following findings and determination, which I hereby make pursuant
to the authority of 41 U.S.C. 253(c)(7), as implemented by FAR 6.302-7, it is in the
public interest to provide for other than full and open competition in the contract action
described below.
Findings
- 1. The (1) proposes to enter into a contract for the acquisition of (2).
- 2. Use of the authority cited above is necessary and in the public interest for the
following reasons: (3)
Determination
- For the reasons described above, it is necessary and in the public interest to use other
than full and open competition in the proposed acquisition.
Signature_____________________ Date ______________
Notes:
- (1) Name of contracting activity.
- (2) Brief description of supplies or services.
- (3) Explain the need for use of the authority.
2806.303 Justifications.
2806.303-1 Requirements.
- Pursuant to FAR 6.303-1(d), a copy of the justification shall be forwarded through the
Department's Competition Advocate to the Department's point of contact with the Office of
the United States Trade Representative.
2806.303-2 Content.
- In addition to the information required by FAR 6.303-2, justifications requiring the
approval of the PE shall contain the following documents:
- (a) A written Acquisition Plan as required by FAR 7.102 and part 2807 of this chapter.
If a plan was not prepared, explain why planning was not feasible or accomplished.
- (b) A copy of the CBD announcement or proposed announcement in accordance with the
requirements of FAR 5.203.
- (c) As part of the description of the supplies or services required in FAR 6.303-2, the
justification shall include the statement of need as submitted by the requiring activity
and any subsequent changes or revisions to the specifications.
- (d) Any additional documentation that may be unique to the proposed procurement and is
relevant to the justification.
2806.304 Approval of the justification.
- (a) All justifications for contract actions over the contracting officer's approval
dollar threshold shall be submitted to the BPC for concurrence before being forwarded to
the contracting activity competition advocate for approval. Justifications requiring
approval by the PE shall be further submitted for the concurrence of the contracting
activity competition advocate and the HCA, or designee, before being forwarded to the PE
for approval.
- (b) After approval by the PE, the signed original will be returned to the contracting
activity and one copy will be retained by the PPRG, JMD.
- (c) Pursuant to FAR 6.304(c), a class justification for other than full and open
competition shall be approved in accordance with bureau procedures.
- SUBPART 2806.5 - COMPETITION ADVOCATES
2806.501 Requirement.
- In accordance with FAR 6.501:
- (a) The Assistant Director, Procurement Policy and Review Group, Management and Planning
Staff, Justice Management Division, has been designated as the Competition Advocate for
the Department of Justice.
- (b) The agency head will appoint, in each bureau, an official to be the contracting
activity competition advocate. The contracting activity competition advocates shall be
vested with the overall responsibility for competition activities within their contracting
activity. No individual in the contracting office at or below the level of chief of the
contracting office may serve as the contracting activity competition advocate. An
individual at any level above the BPC may serve as contracting activity competition
advocate.
2806.502 Duties and responsibilities.
- In addition to the duties and responsibilities set forth in FAR 6.502(b) and elsewhere
in this chapter, contracting activity competition advocates shall:
- (a) Actively enforce the Department's Competition Advocacy Program within the
contracting activity and ensure that systems are established for the effective internal
control of contracting activity functions and activities which implement the Department's
Competition Advocacy Program.
- (b) Implement specific goals and objectives to enhance competition and the acquisition
of commercial items.
- (c) Prepare and submit to the DOJ Competition Advocate, by November 30 of each year, an
annual report of competition advocacy activities conducted during the prior fiscal year.
PART 2807
ACQUISITION PLANNING
SUBPART 2807.1 - ACQUISITION PLANS
2807.102 Policy.
2807.102-70 Applicability.
2807.103 Agency-head responsibilities.
2807.103-70 Other officials' responsibilities.
2807.105 Contents of written acquisition plans.
SUBPART 2807.5 - INHERENTLY GOVERNMENTAL FUNCTIONS
2807.503 Policy
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 28 CFR 0.76(j).
PART 2807
ACQUISITION PLANNING
- SUBPART 2807.1 - ACQUISITION PLANS
2807.102 Policy.
- (a)(1) In accordance with FAR 7.1, DOJ contracting activities shall perform acquisition
planning and conduct market research for all acquisitions in order to promote and provide
for
- (i) full and open competition (see FAR Part 6);
- (ii) maximum practicable competition for those acquisitions where full and open
competition is not required by FAR Part 6; and
- (iii) the acquisition of commercial items or, when commercial items are not available,
nondevelopmental items to the maximum extent practicable.
- (2) The degree of planning and market research may vary, depending on such factors as
the acquisition's size, scope and complexity.
- (b) Acquisition planning shall be the joint responsibility of both the contracting and
program offices. All acquisition plans shall be prepared sufficiently in advance of
solicitation release dates to ensure that requirements are presented in a way that
promotes full and open competition and provides sufficient time for the identification and
resolution of impediments that could delay the acquisition or lead to increased cost or
technical risk.
2807.102-70 Applicability.
- (a) Planning commensurate with the complexity and dollar value of the individual
requirement shall be performed for all acquisitions, except for those acquisitions listed
in paragraph (c) of this subsection which may be exempt from the planning process. Heads
of contracting activities may authorize the use of oral plans for simple and/or small
dollar acquisitions. When oral plans are used, the file should be documented with the name
of the individual who approved the plan.
- (b) Written acquisition plans shall be prepared for all major systems acquisitions as
defined in 2834.002.
- (c) The following types of acquisitions may be exempt from the acquisition planning
program:
- (1) architect-engineering services;
- (2) unsolicited proposals (when deemed innovative and unique in accordance with FAR
15.5);
- (3) regulated utility services where services are available from only one source;
- (4) acquisitions made from or through other Government agencies; and
- (5) contract modifications which exercise an option or add funds to an incrementally
funded contract (provided there is an approved acquisition planning document for the
original action and there is no significant deviation from that plan).
2807.103 Agency-head responsibilities.
- The AAG/A may establish acquisition planning criteria and thresholds for those bureaus
who:
- (a) fail to allow ample time for conducting competitive acquisitions;
- (b) develop a pattern of awarding urgent requirements that generally restrict
competition;
- (c) fail to identify identical or like requirements that, where appropriate, can be
combined under one solicitation and miss opportunities to obtain lower costs through
volume purchasing, reduce administrative costs in processing one contract action versus
multiple actions, and standardize goods and services.
2807.103-70 Other officials' responsibilities.
- (a) In accordance with FAR 7.1, the HCA shall develop an acquisition planning program
for all acquisitions to ensure that its needs are met in the most effective, economical,
and timely manner.
- (b) Heads of contracting activities have the flexibility to develop programs that are
best suited to their individual needs. Criteria and thresholds shall be established at
which increasingly greater detail and formality in the planning process is required. DOJ
components are encouraged to keep paperwork to a minimum and to put a premium on
simplicity.
- (c) HCAs shall ensure that, during the acquisition planning phase, requirements
personnel consider the use of:
- (1) the metric system of measurement consistent with 15 U.S.C. 2205(b); and
- (2) environmentally preferable and energy-efficient products and services.
2807.105 Contents of written acquisition plans.
- (a) HCAs shall prescribe format and content of acquisition planning documents that are
commensurate with the complexity and dollar value of the individual acquisition (sample
acquisition planning documents for both simple and complex acquisitions will be made
available by PPRG, JMD, and may be used or modified as appropriate).
- (b) HCAs shall include, at a minimum, the content elements at FAR 7.105 and 7.106 for
all major systems acquisitions as defined in 2834.002.
SUBPART 2807.5 - INHERENTLY GOVERNMENTAL FUNCTIONS
2807.503 Policy
- The requirements official shall provide the contracting officer, concurrent with the
transmittal of the statement of work (or modification thereof), a written determination
that none of the functions to be performed are inherently governmental. Any disputes
concerning this determination shall be resolved by the contracting officer, after
consultation with the requirements official. The contracting officer's determination shall
be final.
PART 2808
REQUIRED SOURCES OF SUPPLIES AND SERVICES
SUBPART 2808.8 - ACQUISITION OF PRINTING AND RELATED SUPPLIES
2808.802 Policy.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 28 CFR 0.76(j).
PART 2808
REQUIRED SOURCES OF SUPPLIES AND SERVICES
- SUBPART 2808.8 - ACQUISITION OF PRINTING AND RELATED SUPPLIES
2808.802 Policy
- The Director, Facilities and Administrative Services Staff, has been designated to serve
as the central printing authority for the Department.
PART 2809 CONTRACTOR QUALIFICATIONS
- SUBPART 2809.4 - DEBARMENT, SUSPENSION, AND INELIGIBILITY
2809.402 Policy
2809.404 List of Parties Excluded from Federal Procurement and Nonprocurement Programs.
2809.405 Effect of listing.
2809.405-1 Continuation of current contracts.
- SUBPART 2809.5 - ORGANIZATIONAL AND CONSULTANT CONFLICT OF INTEREST
2809.503 503 Waiver.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 28 CFR 0.76(j).
PART 2809 CONTRACTOR QUALIFICATIONS
- SUBPART 2809.4 - DEBARMENT, SUSPENSION, AND INELIGIBILITY
2809.402 Policy
- Contracting activities shall:
- (a) Consider debarment or suspension of a contractor when cause is shown as listed under
FAR 9.406-2 and FAR 9.407-2. Contracting staffs should consult with their appropriate
legal counsel prior to making a decision to initiate debarment or suspension proceedings.
If a determination is made that available facts do not justify beginning debarment or
suspension proceedings, the file should be documented accordingly. This determination
should be subject to reconsideration if new information or additional fact-finding so
justifies.
- (b) If the decision is made to initiate debarment and/or suspension of a contractor,
immediately prepare a notice in accordance with FAR 9.406-3(c) or FAR 9.407-3(c). The
draft notice, along with the administrative file containing all relevant facts and
analysis shall be forwarded to the PE, as the debarring and suspending official, following
review by the activity's legal counsel and BPC.
- (c) The PE shall:
- (1) Review the notice and administrative file for sufficiency and provide for review by
other DOJ officials as considered appropriate;
- (2) If it is determined that action is warranted, give the contractor prompt notice of
the proposed debarment or suspension, in accordance with FAR 9.406-3(c) or FAR 9.407-3(c);
- (3) Direct additional fact-finding as necessary when material facts are in dispute.
- (4) Notify the contractor of the final decision to debar or suspend, including a
decision not to debar or suspend, in accordance with FAR 9.406-3(c) and FAR 9.407-3(c).
2809.404 List of Parties Excluded from Federal Procurement and Nonprocurement
Programs.
- (a) The PE shall:
- (1) Provide GSA notification of the information set forth in FAR 9.404(b) within five
working days after debarring or suspending a contractor or modifying or rescinding such an
action.
- (2) Maintain agency-wide records of debarred or suspended contractors in accordance with
FAR 9.404.
- (b) Contracting activities shall provide an effective system to ensure that contracting
staff consult the "List of Parties Excluded from Federal Procurement and
Nonprocurement Programs" prior to soliciting offers from, awarding or extending
contracts to, or consenting to subcontracts with contractors on the list.
2809.405 Effect of listing.
- (a) Contractors debarred, suspended, or proposed for debarment are excluded from
receiving contracts, and bureaus shall not solicit offers from, award contracts to, or
consent to subcontracts with these contractors, unless the HCA determines that there is a
compelling reason for such action and the PE approves such determinations.
- (b) Bids received from any listed contractor in response to an invitation for bids shall
be entered on the abstract of bids, and rejected unless the HCA determines in writing that
there is a compelling reason to consider the bid and the PE approves such action.
- (c) Proposals, quotations, or offers received from any listed contractor shall not be
evaluated for award or included in the competitive range, nor shall discussions be
conducted with a listed offeror during a period of ineligibility, unless the HCA
determines in writing that there is a compelling reason to do so and the PE approves such
action.
2809.405-1 Continuation of current contracts.
- (a) In accordance with FAR 9.405-1, contracting activities may continue contracts or
subcontracts in existence at the time a contractor is suspended or debarred unless it is
determined that termination of the contract is in the best interest of the Government. In
making this determination, contracting activities shall consider the seriousness of the
act or omission leading to the debarment or suspension, the effect of debarment or
suspension on the contractor's ability to continue operations, and the Department's
ability to safeguard its interests and receive satisfactory performance.
- (b) Contracting activities shall not renew or otherwise extend the duration of current
contracts, or consent to subcontracts, with contractors debarred, suspended, or proposed
for debarment, unless the HCA states, in writing, the compelling reasons for renewal or
extension and the PE approves such action.
- SUBPART 2809.5 - ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTEREST
2809.503 Waiver.
- The HCA may waive any general rule or procedure of FAR 9.5 by determining that its
application in a particular situation would not be in the Government's interest.
PART 2811 DESCRIBING AGENCY NEEDS
2811.001 Definitions.
2811.002 Policy
SUBPART 2811.1 - SELECTING AND DEVELOPING REQUIREMENTS DOCUMENTS
2811.103 Market acceptance.
2811.104-70 Brand-name or equal description.
SUBPART 2811.6 - PRIORITIES AND ALLOCATIONS
2811.603 Procedures.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 28 CFR 0.76(j).
PART 2811 DESCRIBING AGENCY NEEDS
2811.001 Definitions.
- "Dual systems" means the use of both inch-pound and metric systems. For
example, an item is designed, produced and described in inch-pound values with soft metric
values also shown for information or comparison purposes.
- "Hybrid systems" means the use of both inch-pound and standard metric values
in specifications, standards, supplies, and services; e.g., an engine with internal parts
in metric dimensions and external fittings or attachments in inch-pound dimensions.
- "Metric system" means the International System of Units established by the
General Conference of Weights and Measures in 1960.
- "Soft metric" means the result of mathematical conversion of inch-pound
measurements to metric equivalents in specifications, standards, supplies, and services.
The physical dimensions are not changed.
2811.002 Policy.
- Consistent with the policy expressed in FAR 11.002(b), solicitations must include
specifications and purchase descriptions stated in metric units of measurement whenever
metric is the accepted industry system. Whenever possible, commercially developed metric
specifications and internationally, or domestically developed voluntary standards, using
metric measurements, must be adopted. While an industry is in transition to metric
specifications, solicitations must include requirements documents stated in soft metric,
hybrid, or dual systems, except when impractical or inefficient.
- SUBPART 2811.1 - SELECTING AND DEVELOPING REQUIREMENTS DOCUMENTS
2811.103 Market acceptance.
- Pursuant to FAR 11.103, the HCA or designee at a level not lower than the BPC has the
authority to require offerors to demonstrate that the items offered meet the criteria set
forth in FAR 11.103(a).
2811.104-70 Brand-name or equal description.
- When a brand-name or equal description is used, the clause set forth in 2852.211-70,
Brand-Name or Equal, shall be inserted into the solicitation.
- SUBPART 2811.6 - PRIORITIES AND ALLOCATIONS
2811.603 Procedures.
- The PE is the agency official delegated authority to exercise priority authority on
behalf of the Department. Any request for a priority rating on a contract or order must be
submitted to PPRG, JMD, in accordance with the procedures in this subpart.
- (a) The requesting activity shall submit, to the PE, a description of the supplies or
services requiring a priority rating and a complete justification for the necessity of a
rated order including the method and type of contract and the anticipated award date. The
justification must also state the level of priority rating requested and comply with the
requirements of the Defense Priorities and Allocations System.
- (b) Upon receipt, the PPRG shall review the request for completeness and establish
appropriate liaison with the Department of Commerce (DOC), the administering agency.
Depending on the nature of the requirement, the PPRG may schedule a meeting with DOC
officials to present the proposal. In such cases, a representative from the requiring
activity may be requested to attend.
- (c) DOJ activities requesting rated orders that concern classified material shall call
PPRG before submitting their request to ensure appropriate transmission and handling
between the requesting activity and PPRG.
PART 2812 ACQUISITION OF COMMERCIAL ITEMS
SUBPART 2812.3 - SOLICITATION PROVISIONS AND CONTRACT CLAUSES FOR THE ACQUISITION OF
COMMERCIAL ITEMS
2812.302 Tailoring of provisions and clauses for the acquisition of commercial items.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 28 CFR 0.76(j).
PART 2812 ACQUISITION OF COMMERCIAL ITEMS
SUBPART 2812.3 - SOLICITATION PROVISIONS AND CONTRACT CLAUSES FOR THE ACQUISITION OF
COMMERCIAL ITEMS
2812.302 Tailoring of provisions and clauses for the acquisition of commercial
items.
- Pursuant to FAR 12.302(c), the HCA or designee at a level not lower than the BPC is
authorized to approve clauses or additional terms or conditions for inclusion in
solicitations or contracts for commercial items that are inconsistent with customary
commercial practices.
SUBCHAPTER C - Contracting Methods and Contract
Types
PART 2813
SIMPLIFIED ACQUISITION PROCEDURES
SUBPART 2813.3 - SIMPLIFIED ACQUISITION METHODS
2813.305 Imprest funds and third party drafts.
2813.307 Forms.
SUBPART 2813.70 - CERTIFIED INVOICE PROCEDURE
2813.7001 Policy.
2813.7002 Procedure.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75 (j) and 28 CFR 0.76(j).
PART 2813
SIMPLIFIED ACQUISITION PROCEDURES
- SUBPART 2813.3 - SIMPLIFIED ACQUISITION METHODS
2813.305 Imprest funds and third party drafts.
- Regulations governing the operation and procedures of the imprest fund shall be
contained in internal bureau regulations. Individuals delegated the authority to withdraw
from the imprest fund are further subject to the limitations contained in their delegation
memorandum.
2813.307 Forms.
- In accordance with FAR 13.307, bureaus may use order forms other than Standard Form (SF)
1449, OF 347 and 348 and may print on those forms, clauses considered to be suitable for
purchases.
- (a) Contracting activities using the SF 44 will be responsible for instructing
authorized users as to the limitations and procedures for use of the form as outlined in
FAR 13.306.
- (b) Since the SF 44 is an accountable form, a record shall be maintained of: serial
numbers of the forms; to whom issued; and, the date issued. SF 44s shall be kept securely
under lock and key to prevent unauthorized use. A reservation of funds shall be
established to cover total anticipated expenditures prior to use of the SF 44.
- SUBPART 2813.70 - CERTIFIED INVOICE PROCEDURE
2813.7001 Policy.
- Under limited circumstances as described in this subpart, supplies or services directly
related to mission accomplishment, may be acquired on the open market from local suppliers
at the site of the work or use point, using vendor's invoices under the certified invoice
procedure, instead of issuing purchase orders. Certified invoice procedures may not be
used to place orders under established contracts.
2813.7002 Procedure.
- (a) Purchases utilizing the certified invoice procedure shall be effected only in
accordance with FAR part 13 and this part 2813, subject to the following:
- (1) The amount of any one purchase does not exceed the micro-purchase threshold;
- (2) A purchase order is not required by either the supplier or the Government;
- (3) Appropriate invoices can be obtained from the supplier; and,
- (4) The items to be purchased shall be domestic source end products, except as provided
in FAR subpart 25.1.
- (b) Use of the certified invoice procedures does not eliminate the requirements in FAR
part 13 or this part 2813 that are applicable to purchases of this dollar threshold.
- (c) The chief of the contracting office, as defined in 2802.101(c), shall delegate the
authority to use the certified invoice procedure. Each delegation must specify any
limitations placed on the individual's use of these procedures, such as limits on the
amount of each purchase, or limits on the commodities, or services which can be procured.
- (d) Each individual using this purchasing technique shall require the supplier to
immediately submit properly prepared invoices which itemize property or services
furnished. Upon receiving the invoice, the individual making the purchase shall annotate
the invoice with the date of receipt, verify the arithmetic accuracy of the invoiced
amount and verify on the invoice that the supplies and/or services have been received and
accepted. If the invoice is correct, the individual making the purchase shall sign the
invoice indicating acceptance and immediately forward it to the appropriate administrative
office. The invoice shall be approved by the appropriate administrative office and
forwarded to the Finance Office for payment within 5 workdays after receipt of the
invoice, or acceptance of supplies or services, whichever is later. Before forwarding the
invoice to Finance, the administrative office shall place the following statement on the
invoice, along with the accounting and appropriation data:
- I certify that these goods and /or services were received on __________(date) and
accepted on __________(date). Oral purchase was authorized and no confirming order has
been issued.
Signature _____________________ Date _____________
_______________________________________________
Printed or Typed Name and Title
PART 2814
SEALED BIDDING
SUBPART 2814.4 - OPENING OF BIDS AND AWARD OF CONTRACT
2814.407 Mistakes in bids.
2814.407-3 Other mistakes disclosed before award.
2814.407-4 Mistakes after awards.
2814.409 Information to Bidders.
2814.409-2 Award of classified contracts.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 28 CFR 0.76(j).
PART 2814
SEALED BIDDING
- SUBPART 2814.4 - OPENING OF BIDS AND AWARD OF CONTRACT
2814.407 Mistakes in bids.
2814.407-3 Other mistakes disclosed before award.
- (a) The authority to make determinations under paragraphs (a), (b), (c), and (d) of FAR
14.407-3 is delegated to the HCA or designee at a level not lower that the BPC.
- (b) The following procedures shall be followed when submitting doubtful cases of
mistakes in bids to the Comptroller General for an advance decision.
- (1) Requests for advance decisions submitted to the Comptroller General in cases of
mistakes in bids shall be made by the HCA.
- (2) Requests for advance decisions shall be in writing, dated, signed by the requestor,
addressed to the Comptroller General of the United States, General Accounting Office,
Washington, D. C. 20548, and contain the following:
- (i) The name and address of the party requesting the decision;
- (ii) A statement of the question to be decided, a presentation of all relevant facts,
and a statement of the requesting party's position with respect to the question; and,
- (iii) Copies of all pertinent records and supporting documentation.
2814.407-4 Mistakes after award.
- Proposed determinations under FAR 14.407 shall be coordinated with legal counsel in
accordance with bureau procedures.
2814.409 Information to bidders.
2814.409-2 Award of classified contracts.
- In accordance with FAR 14.409-2, the contracting officer shall advise the unsuccessful
bidders, including any who did not bid, to take disposition action in accordance with
bureau procedures.
PART 2815
CONTRACTING BY NEGOTIATION
SUBPART 2815.2 - SOLICITATION AND RECEIPT OF PROPOSALS AND INFORMATION
2815.205 Issuing solicitations.
2815.207 Handling proposals and information.
SUBPART 2815.4 - CONTRACT PRICING
2815.404 Proposal analysis.
2815.404-2 Information to support proposal analysis.
2815.404-4 Profit.
2815.407-4 Should-cost review.
SUBPART 2815.6 - UNSOLICITED PROPOSALS
2815.606 Agency procedures.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75 (j) and 28 CFR 0.76(j).
PART 2815
CONTRACTING BY NEGOTIATION
- SUBPART 2815.2 - SOLICITATION AND RECEIPT OF PROPOSALS AND INFORMATION
2815.205 Issuing solicitations.
- Solicitations involving classified information shall be handled in accordance with the
policies and procedures contained in Departmental regulations and other offices, boards,
divisions, and bureaus (OBDBs) prescribed policies and regulations that supplement
Departmental regulations.
2815.207 Handling proposals and information.
- Classified proposals and quotations shall be handled in accordance with the current DOJ
Order agency regulations and any supplemental directives or orders implemented by the
OBDBs. Such supplemental regulations must have the prior approval of the AAG/A before
implementation in accordance with the Departmental regulations.
- SUBPART 2815.4 - CONTRACT PRICING
2815.404 Proposal analysis.
2815.404-2 Information to support proposal analysis.
- All requests for field pricing support shall be made by the contracting officer directly
to the cognizant audit agency. A copy of the request for such services shall be sent to
the Department of Justice Office of the Inspector General (OIG) at the address shown in
this subsection at the time it is mailed to the cognizant audit agency. A copy of each
report received shall also be sent to the OIG. Requests for other audit assistance may be
made to the Assistant Inspector General for Audits, Suite 5000, 1425 New York Avenue,
N.W., Washington, D.C. 20530.
2815.404-4 Profit.
- If a contractor insists on a price or demands a profit or fee that the contracting
officer considers unreasonable and the contracting officer has taken all authorized
actions to negotiate a reasonable price or profit or fee without success, the contracting
officer shall then refer the contract action to the HCA or designee.
2815.407-4 Should-cost review.
- In acquisitions for which a program should-cost review is conducted, the required
should-cost review team report shall be prepared in accordance with bureau procedures.
- SUBPART 2815.6 - UNSOLICITED PROPOSALS
2815.606 Agency procedures.
- (a) Each contracting activity shall designate a point of contact for the receipt and
handling of unsolicited proposals. Generally, the official designated shall be the BPC or
immediate subordinate.
- (b) The designated point of contact for each contracting activity shall provide for and
coordinate receipt, review, evaluation, and final disposition of unsolicited proposals in
accordance with FAR subpart 15.6.
PART 2816
TYPES OF CONTRACTS
- SUBPART 2816.5 - INDEFINITE-DELIVERY CONTRACTS
2816.505 Ordering.
- SUBPART 2816.6 - TIME-AND-MATERIALS, LABOR-HOUR, AND LETTER CONTRACTS
2816.601 Time-and-material contracts.
2816.602 Labor-hour contracts.
2816.603 Letter contracts.
2816.603-2 Application.
2816.603-3 Limitations.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75 (j) and 28 CFR 0.76(j).
PART 2816
TYPES OF CONTRACTS
- SUBPART 2816.5 - INDEFINITE-DELIVERY CONTRACTS
2816.505 Ordering.
- (a) In accordance with FAR 16.505(b)(4), the Department of Justice Task Order and
Delivery Order Ombudsman is the DOJ Competition Advocate.
- (b) Heads of contracting activities shall designate a contracting activity Task Order
and Delivery Order Ombudsman. This person may be the contracting activity competition
advocate and must meet the qualification requirements of 2806.501(b).
- (c) Contracting activity ombudsmen shall review and resolve complaints from contractors
concerning task or delivery orders placed by the contracting activity.
- (d) Contractors not satisfied with the resolution of a complaint by a contracting
activity ombudsman may request the Departmental Ombudsman to review the complaint.
- SUBPART 2816.6 - TIME-AND-MATERIALS, LABOR-HOUR, AND LETTER CONTRACTS
2816.601 Time-and-material contracts.
- In addition to the limitations listed in FAR 16.601(c), a time-and-materials contract
may be used only after the contracting officer receives written approval from the chief of
the contracting office. When the contracting officer is also the chief of the contracting
office, the approval to use a time-and-materials type contract will be made at a level
above the contracting officer.
2816.602 Labor-hour contracts.
- The limitations set forth in 2816.601 for time-and-material contracts also apply to
labor-hour contracts.
2816.603 Letter contracts.
2816.603-2 Application.
- In cases where the contracting officer and the contractor cannot negotiate the
definitization of a letter contract within 180 days after the date of the letter contract,
or before completion of 40 percent of the work to be performed, the contracting officer
may, with the written approval of the PE, revise and extend the definitization schedule.
However, in no event shall the extension of the definitization schedule extend beyond the
lesser of an additional 180 day period or the completion of 80 percent of the work to be
performed. If at the end of the extension, the contracting officer and the contractor
cannot negotiate a definitive contract because of failure to reach an agreement on price
or fee, the procedures set forth in FAR 52.216-25, 16.603-2, 15.8, and part 31 shall be
followed, as applicable.
2816.603-3 Limitations.
- A letter contract may be used only after the express written approval of the Procurement Executive . Requests for approval shall contain the rationale explaining why no other
contract is suitable and shall include the approval of the HCA or designee. Under
circumstances of compelling urgency which do not permit the time needed for written
approval, oral approval must be obtained; however, written documentation to support
the award and confirm the oral approval must be submitted as soon as practicable after
award.
PART 2817
SPECIAL CONTRACTING METHODS
SUBPART 2817.1 - MULTIYEAR CONTRACTING
2817.108 Congressional notification.
SUBPART 2817.6 - MANAGEMENT AND OPERATING CONTRACTS
2817.605 Award, renewal, and extension.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j); and 28 CFR 0.76(j).
PART 2817
SPECIAL CONTRACTING METHODS
- SUBPART 2817.1 - MULTIYEAR CONTRACTING
2817.108 Congressional notification.
- Pursuant to FAR 17.108(a), the original congressional notification shall be submitted to
PPRG, JMD, for concurrence, coordination to the Attorney General, and subsequent
transmission to the appropriate congressional committees.
- SUBPART 2817.6 - MANAGEMENT AND OPERATING CONTRACTS
2817.605 Award, renewal, and extension.
- In accordance with FAR 17.605(b), the contracting officer, following bureau procedures,
shall review each management and operation contract, at appropriate intervals and at least
once every 5 years.
SUBCHAPTER D - Socioeconomic Programs
PART 2819
SMALL BUSINESS PROGRAMS
SUBPART 2819.2 - POLICIES
2819.201 General policy.
SUBPART 2819.5 - SET-ASIDES FOR SMALL BUSINESS
2819.506 Withdrawing or modifying set-asides.
SUBPART 2819.6 - CERTIFICATES OF COMPETENCY AND DETERMINATIONS OF ELIGIBILITY
2819.602 Procedures.
2819.602-1 Referral.
SUBPART 2819.70 - FORECASTS OF EXPECTED CONTRACT OPPORTUNITIES
2819.7001 General.
2819.7002 Procedures.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 28 CFR 0.76(j).
PART 2819
SMALL BUSINESS PROGRAMS
- SUBPART 2819.2 - POLICIES
2819.201 General policy.
- (a) The Office of Small and Disadvantaged Business Utilization (OSDBU) is
organizationally attached to the Office of the Deputy Attorney General in accordance with
28 CFR 0.18a, but is located in JMD for administrative purposes.
- (b) The Director, OSDBU is responsible for the administration of the DOJ small and
disadvantaged business programs in accordance with the duties described in 28 CFR 0.18a.
- SUBPART 2819.5 - SET-ASIDES FOR SMALL BUSINESS
2819.506 Withdrawing or modifying set-asides.
- (a) Before a contracting officer may withdraw or modify a small business set-aside, the
contracting officer shall seek the concurrence of the Director, OSDBU.
- (b) If the contracting officer and the Director, OSDBU, are unable to agree on the
proposed withdrawal or modification, the Director, OSDBU shall:
- (1) Forward the matter to the Small Business Administration (SBA) procurement center
representative assigned to the Department of Justice for resolution; or,
- (2) Forward the matter to the PE for resolution if an SBA procurement center
representative is not assigned to the Department of Justice.
- SUBPART 2819.6 - CERTIFICATES OF COMPETENCY AND DETERMINATIONS OF ELIGIBILITY
2819.602 Procedures.
2819.602-1 Referral.
- In accordance with FAR 19.602-1(a)(2), the matter shall be submitted to the Director,
OSDBU, for subsequent referral to the cognizant SBA Regional Office.
- SUBPART 2819.70 - FORECASTS OF EXPECTED CONTRACT OPPORTUNITIES
2819.7001 General.
- Section 501 of Public Law 100-656, the Business Opportunity Development Reform Act of
1988, requires executive agencies having contract actions in excess of $50 million in
Fiscal Year 1988 or later to prepare an annual forecast of expected contract
opportunities, or classes of contract opportunities that small business concerns,
including those owned and controlled by socially and economically disadvantaged
individuals, are capable of performing.
2819.7002 Procedures.
- The content and format of bureau annual forecasts of contract opportunities, as well as
the updates to their contracting forecasts shall be as specified by the Director, OSDBU.
PART 2822 APPLICATION OF LABOR LAWS TO
GOVERNMENT ACQUISITIONS
SUBPART 2822.1 - BASIC LABOR POLICIES
2822.101 Labor relations.
2822.101-1 General
2822.101-3 Reporting labor disputes.
2822.103 Overtime.
2822.103-4 Approvals.
SUBPART 2822.4 - LABOR STANDARDS FOR CONTRACTS INVOLVING CONSTRUCTION
2822.406 Administration and enforcement.
2822.406-8 Investigations.
SUBPART 2822.13 - SPECIAL DISABLED AND VIETNAM ERA VETERANS
2822.1303 Waivers.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 28 CFR 0.76(j).
PART 2822
APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
- SUBPART 2822.1 - BASIC LABOR POLICIES
2822.101 Labor relations.
2822.101-1 General.
- All matters regarding labor relations shall be handled in accordance with bureau
procedures.
2822.101-3 Reporting labor disputes.
- The office administering the contract shall report, directly to the contracting officer,
any potential or actual labor disputes that may interfere with performing any contracts
under its cognizance.
2822.103 Overtime.
2822.103-4 Approvals.
- The inclusion of a dollar amount greater than zero in paragraph (a) of the FAR clause
52.222-2, Payment For Overtime Premiums, must be approved at a level above the contracting
officer. Such approval shall be reflected by the signature of the approving official on
the contracting officer's written determination made in accordance with FAR 22.103-4.
- SUBPART 2822.4 - LABOR STANDARDS FOR CONTRACTS INVOLVING CONSTRUCTION
2822.406 Administration and enforcement.
2822.406-8 Investigations.
- Pursuant to FAR 22.406-8(d), the contracting officer shall prepare and forward the
report of violations to the HCA or designee at a level not lower than the BPC. That
official shall be responsible for processing the report in accordance with FAR
22.406-8(d)(2).
- SUBPART 2822.13 - SPECIAL DISABLED AND VIETNAM ERA VETERANS
2822.1303 Waivers.
- In accordance with FAR 22.1303, all requests for waivers shall be forwarded from the HCA
to PPRG, JMD, for processing to the Attorney General.
PART 2823
ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-FREE
WORKPLACE
SUBPART 2823.1 - POLLUTION CONTROL AND CLEAN AIR AND WATER
2823.107 Compliance responsibilities.
SUBPART 2823.3 - HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA
2823.303-70 Departmental contract clause.
SUBPART 2823.4 - USE OF RECOVERED MATERIALS
2823.403 Policy
2823.404 Procedures.
2823.404-70 Affirmative Procurement Program for Recycled Materials.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 28 CFR 0.76(j).
PART 2823
ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-FREE
WORKPLACE
- SUBPART 2823.1 - POLLUTION CONTROL AND CLEAN AIR AND WATER
2823.107 Compliance responsibilities.
- If a contracting officer becomes aware of noncompliance with clean air, water or other
affected media standards in facilities used in performing nonexempt contracts, that
contracting officer shall notify the Department of Justice Environmental Executive
(DOJEE).
- SUBPART 2823.3 - HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA
2823.303-70 Departmental contract clause.
- The contracting officer shall insert the clause at: 2852.223-70, Unsafe Conditions Due
to the Presence of Hazardous Material, in all solicitations and contracts, as appropriate,
if the contract will require the performance of services on Government-owned or
Government-leased facilities.
- SUBPART 2823.4 - USE OF RECOVERED MATERIALS
2823.403 Policy.
- It is the policy of DOJ that its contracting activities and contractors that procure on
behalf of DOJ, acquire EPA designated items in accordance with EPA's Comprehensive
Procurement Guideline For Products Containing Recovered Materials (CPG) (40 CFR Part 247).
The recommended minimum recovered materials content of EPA designated items is set forth
in EPA's Recovered Materials Advisory Notices (RMANs) and in EO 12873 as amended. These
publications are available from the DOJEE.
2823.404 Procedures.
- (a) The program office initiating the acquisition is responsible for determining if
recovered materials should be included in the specification. Procurement offices are
responsible for informing program offices of the requirement for writing specifications
for designated items that include minimum content standards specified in the RMANs.
- (b) If the program office chooses to procure designated items containing less than the
minimum content standards, the program office must justify that decision in writing and
include a copy of the signed justification with the procurement request package. FAR
23.404(b)(3) sets forth the only acceptable justifications for acquiring EPA designated
items which do not meet the minimum content standard. The contracting officer is the
approving official for justifications made pursuant to FAR 23.404(b)(3). Contracting
officers are responsible for including a signed copy of the justification in the
acquisition file and submitting a copy of the approved justification to the DOJEE.
2823.404-70 Affirmative Procurement Program for Recycled Materials.
- (a) Recovered materials preference program. Preference will be given to procuring and
using products containing recovered materials rather than products made with virgin
materials when adequate competition exists, and when price, performance and availability
are equal.
- (b) Promotion program. The DOJEE has primary responsibility for actively promoting the
acquisition of products containing recycled materials throughout DOJ. Technical and
procurement personnel will cooperate with the DOJEE to actively promote DOJ's Affirmative
Procurement Program (APP).
- (c) Procedures for vendor estimation, verification and certification.
- (1) Estimation. The contractor shall provide estimates of the total percentage(s) of
recovered materials for EPA designated items to be used in products or services provided.
- (2) Certification. Contracting officers shall provide copies of all vendor and
subcontractor certifications required by FAR 23.405(b) to the DOJEE.
- (3) Verification. The DOJEE is responsible for periodically reviewing vendor
certification documents and waivers as part of the annual review and monitoring process to
determine if DOJ is in compliance with EO 12873 and subsequent amendments.
PART 2824
PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
- SUBPART 2824.2 - FREEDOM OF INFORMATION ACT
2824.202 Policy
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 28 CFR 0.76(j)
PART 2824
PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
- SUBPART 2824.2 - FREEDOM OF INFORMATION ACT
2824.202 Policy.
- Procedures for processing Freedom of Information Act requests are set forth in
Departmental regulations and 28 CFR Part 16.
PART 2825
FOREIGN ACQUISITION
SUBPART 2825.2 - BUY AMERICAN ACT-CONSTRUCTION MATERIALS
2825.203 Evaluating offers.
SUBPART 2825.3 - BALANCE OF PAYMENTS PROGRAM
2825.302 Policy.
SUBPART 2825.9 - ADDITIONAL FOREIGN ACQUISITION CLAUSES
2825.901 Omission of audit clause.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 28 CFR 0.76(j).
PART 2825
FOREIGN ACQUISITION
- SUBPART 2825.2 - BUY AMERICAN ACT-CONSTRUCTION MATERIALS
2825.203 Evaluating offers.
- The HCA, or designee at a level not lower than the BPC, is the agency official
authorized to make the determination that using a particular domestic construction
material would unreasonably increase the cost of the acquisition or would be
impracticable.
- SUBPART 2825.3 - BALANCE OF PAYMENTS PROGRAM
2825.302 Policy.
- The HCA, or designee at a level not lower than the BPC, is the agency official
authorized to make determinations under FAR 25.302(b)(3), as well as authorize the use of
a differential greater than 50 percent, as specified in FAR 25.302(c), for the evaluation
of domestic and foreign offers under the Balance of Payments Program. All determinations
made under this section shall be in writing and shall set forth the facts and
circumstances supporting the determination. Determinations shall be reviewed and concurred
in by the contracting activity's legal counsel.
- SUBPART 2825.9 - ADDITIONAL FOREIGN ACQUISITION CLAUSES
2825.901 Omission of audit clause.
- The HCA, or designee at a level not lower than the BPC, is the agency official
authorized to make determinations under FAR 25.901(c). All determinations made under this
authority shall be reviewed and concurred in by the contracting activity's legal counsel
prior to being approved by the authorized agency official.
SUBCHAPTER E - General Contracting Requirements
PART 2828
BONDS AND INSURANCE
- SUBPART 2828.1 - BONDS
2828.106 Administration.
2828.106-6 Furnishing information.
SUBPART 2828.2 - SURETIES
2828.204 Alternatives in lieu of corporate or individual sureties.
SUBPART 2828.3 - INSURANCE
2828.307-1 Group insurance plans.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 28 CFR 0.76(j).
PART 2828
BONDS AND INSURANCE
- SUBPART 2828.1 - BONDS
2828.106 Administration.
2828.106-6 Furnishing information.
- In accordance with FAR 28.106-6(c), the HCA, or designee at a level not lower than the
BPC, is the agency official authorized to furnish the certified copy of the bond and the
contract.
- SUBPART 2828.2 - SURETIES
2828.204 Alternatives in lieu of corporate or individual sureties.
- When contractors submit any of the types of security described in FAR 28.204-1 through
28.204-3 in lieu of furnishing sureties, the contracting officer shall enter into an
agreement with the contractor covering a bank account, and suitable covenants protecting
the Government's interest, in which the securities will be deposited to protect against
their loss during the period of the bond obligation.
- SUBPART 2828.3 - INSURANCE
2828.307-1 Group insurance plans.
- Under cost-reimbursement contracts, before buying insurance under a group insurance
plan, the contractor shall submit the plan to the contracting officer for review and
approval. During review, the contracting office should utilize all sources of information
available such as audit, industry practices, etc., to determine that acceptance of the
group insurance plan, as submitted, is in the Government's best interest.
PART 2829
TAXES
SUBPART 2829.3 - STATE AND LOCAL TAXES
2829.303 Application of State and local taxes to Government contractors and
subcontractors.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 28 CFR 0.76(j).
PART 2829
TAXES
- SUBPART 2829.3 - STATE AND LOCAL TAXES
2829.303 Application of State and local taxes to Government contractors and
subcontractors.
- (a) It is DOJ policy that DOJ contracts shall not contain clauses expressly designating
prime contractors as agents of the Government for the purpose of avoiding State and local
taxes.
- (b) Although circumstances may exist under which a contractor is an agent of the
Government, even in the absence of a contract clause expressly designating a contractor as
such, these circumstances should be extremely rare. Before any DOJ contracting activity
may contend that any of its contractors are agents of the Government for the purpose of
claiming immunity from State and local sales and use taxes, the matter will be referred to
the AAG/A for review, and approval to ensure that DOJ policy is complied with and that the
contracting activity's contention is fully in accordance with the pertinent legal
principles and precedents. Each case forwarded will be reviewed by the HCA before referral
to the AAG/A. The referral will include all pertinent data on which the contracting
activity's contention is based, together with a thorough analysis of all relevant legal
precedents.
- (c) Whenever clauses, procedures, and business practices are cited by DOJ contracting
activities to support the contention that a contractor is an agent of the Government for
the purpose of immunity from a State or local sales or use tax, contracting activities
should whenever possible, devise alternative clauses, procedures, and practices for future
use which will accomplish their intended purpose without providing the basis for
contention that the contractor is an agent of the Government for the purpose of immunity
from State and local sales or use taxes. Any referral to the AAG/A for approval under this
subpart shall include comments on the extent to which alternative clauses, procedures, or
practices may be utilized to accomplish the intended purpose without providing the basis
for the contention that the contractor is an agent of the Government for the purpose of
immunity from State and local sales or use taxes.
PART 2830
COST ACCOUNTING STANDARDS (CAS) ADMINISTRATION
SUBPART 2830.2 - CAS PROGRAM REQUIREMENTS
2830.201-5 Waiver.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 28 CFR 0.76(j).
PART 2830
COST ACCOUNTING STANDARDS (CAS) ADMINISTRATION
- SUBPART 2830.2 - CAS PROGRAM REQUIREMENTS
2830.201-5 Waiver.
- A request for a waiver of the Cost Accounting Standards requirements shall be forwarded
to the HCA after the contracting officer has made the determination required by FAR
30.201-5.
PART 2831
CONTRACT COST PRINCIPLES AND PROCEDURES
SUBPART 2831.1 - APPLICABILITY
2831.101 Objectives.
2831.109 Advance agreements.
SUBPART 2831.2 - CONTRACTS WITH COMMERCIAL ORGANIZATIONS
2831.205 Selected costs.
2831.205-32 Precontract costs.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 28 CFR 0.76(j).
PART 2831
CONTRACT COST PRINCIPLES AND PROCEDURES
- SUBPART 2831.1 - APPLICABILITY
2831.101 Objectives.
- (a) The PE is the official authorized to grant individual deviations from the cost
principles of FAR part 31. All requests for individual deviations must cite the facts and
circumstances surrounding the request as well as attempts to negotiate contractor
compliance.
- (b) Requests for class deviations from the cost principles set forth in FAR part 31 will
be forwarded through the PE prior to submission to the Civilian Agency Acquisition
Counsel. Requests must contain the information required in paragraph (a) of this section.
2831.109 Advance agreements.
- (a) The DOJ and bureau contracting officers are encouraged to negotiate advance
agreements concerning the treatment of special or unusual costs to avoid possible
subsequent disputes or disallowance of costs based upon unreasonableness or
nonallowability. All such agreements shall be negotiated in accordance with FAR 31.109
prior to the contractor incurring such costs. Contracting officers are not authorized to
agree to a treatment of costs which would be inconsistent with FAR part 31.
- (b) Prior to negotiating an advance agreement, contracting officers shall make a written
determination setting forth the reasons and rationale for entering into such agreements.
In addition, the determination will set forth the nature, the duration, and which contract
or contracts are covered by the proposed agreement. All determinations required by this
subpart will be reviewed and approved at a level above the contracting officer prior to
negotiation of the proposed agreement. The approved determination will be placed in the
contract file.
- (c) All advance agreements shall be in writing and shall set forth the nature, duration,
and contract or contracts covered by the agreements. Advance agreements will be signed by
both the contractor and the contracting officer, and made a part of the contract file.
Copies of executed advance agreements will be distributed to the cognizant audit office
when applicable.
- (d) All advance agreements will be incorporated in full in the subsequent contract(s) to
which they pertain, prior to award.
- SUBPART 2831.2 - CONTRACTS WITH COMMERCIAL ORGANIZATIONS
2831.205 Selected costs.
2831.205-32 Precontract costs.
- (a) Precontract cost authorizations shall be used only on cost reimbursement contracts,
contain no provisions for payment of fees, and be treated as advance agreements in
accordance with the provisions of FAR 31.109 and 2831.109.
- (b) The following limitations apply to the execution of precontract cost authorizations.
- (1) Contracts which are estimated to be greater than the simplified acquisition
threshold may contain a precontract cost authorization providing the authorization is for
a period of 60 days or less and the dollar amount does not exceed the lesser of the
simplified acquisition threshold or one third of the total estimated costs (including fee
if any) of the contract.
- (2) The limitation expressed under paragraph (b) of this section may be increased in
unusual circumstances as appropriate, with the written approval of the HCA, but in no
event shall they exceed one-third of the total estimated costs (including fee if any) of
the contract or be for periods of time which exceed 90 days.
PART 2832
CONTRACT FINANCING
SUBPART 2832.1 - NON-COMMERCIAL ITEM PURCHASE FINANCING
2832.114 Unusual contract financing.
SUBPART 2832.4 - ADVANCE PAYMENTS FOR NON-COMMERCIAL ITEMS
2832.402 General.
2832.407 Interest.
SUBPART 2832.9 - PROMPT PAYMENT
2832.903 Policy.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 28 CFR 0.76(j).
SUBPART 2832.11 - ELECTRONIC FUNDS TRANSFER
2832.1110 Solicitation provision and contract clauses.
PART 2832
CONTRACT FINANCING
- SUBPART 2832.1 - NON-COMMERCIAL ITEM PURCHASE FINANCING
2832.114 Unusual contract financing.
- The HCA, or designee at a level not lower than the BPC, is the official authorized to
approve unusual contract financing as set forth in FAR 31.114.
- SUBPART 2832.4 - ADVANCE PAYMENTS FOR NON-COMMERCIAL ITEMS
2832.402 General.
- (a) The authority to sign written determinations and findings with respect to making
advance payments is vested in the HCA.
- (b) Prior to awarding a contract which contains provisions for making advanced payments,
the contract terms and conditions concerning advance payments must be approved at a level
above the contracting officer, with advice and consent of the bureau's legal counsel.
- (c) The contracting officer shall coordinate with the activity that is to provide
contract financing for advance payments, the bureau's disbursing or finance office, or the
Treasury Department, as appropriate, to ensure that all FAR and departmental requirements
are met.
2832.407 Interest.
- In cases where advance payments may be made on an interest free basis (FAR 32.407(d)),
the intent to make such interest free advance payments, and the circumstance permitting
interest free advance payments, shall be set forth in the original determination and
findings and be approved in accordance with 2832.402.
- SUBPART 2832.9 - PROMPT PAYMENT
2832.903 Policy.
- The HCA is responsible for promulgating policies and procedures to implement FAR 32.9
and to ensure that, when specifying due dates, full consideration will be given to the
time reasonably required by Government officials to fulfill their administrative
responsibilities under the contract.
-
- SUBPART 2832.11 - ELECTRONIC FUNDS TRANSFER
2832.1110 Solicitation provision and contract clauses.
- When the clause at FAR 52.232-34, Payment by Electronic Funds Transfer-Other than
Central Contractor Registration, is required the contracting officer may insert in
paragraph (b)(1) of the clause a particular time after award, such as a fixed number of
days, or an event such as the submission of the first request for payment, to establish
the point at which contractors' EFT information must be provided.
PART 2833
PROTESTS, DISPUTES, AND APPEALS
SUBPART 2833.1 - PROTESTS
2833.101 Definitions
2833.102 General
2833.103 Protests to the Agency
SUBPART 2833.2 - DISPUTES AND APPEALS
2833.209 Suspected fraudulent claims.
2833.211 Contracting officer's decision.
Authority: 28 U.S.C. 510; 40 U.S.C 486(c); 28 CFR 0.75(j) and 28 CFR 0.76(j).
PART 2833
PROTESTS, DISPUTES, AND APPEALS
- SUBPART 2833.1 - PROTESTS
2833.101 Definitions
- (a) "Agency Protest Official" means the official, other than the contracting
officer, designated to review and decide procurement protests filed with a contracting
activity of the Department of Justice.
- (1) This person will be at a level above that of the Contracting Officer, will be
knowledgeable about the acquisition process in general and will have no programmatic
interest in the procurement.
- (2) This official shall be an individual designated by the head of the contracting
activity and may be the Competition Advocate.
- (b) "Deciding Official" means the person chosen by the protestor to decide the
agency protest; it may be either the Contracting Officer or the Agency Protest Official.
- (c) "Interested Party" means an actual or prospective offeror whose direct
economic interest would be affected by the award of a contract or by the failure to award
a contract.
2833.102 General.
- (a) This part prescribes policies and procedures for processing protests to the
Department of Justice in accordance with Executive Order 12979, Agency Procurement
Protests, dated October 25, 1995 and FAR 33.103. They are intended to be flexible and to
provide for fair, quick, and inexpensive resolution of agency protests.
- (b) Interested parties have the option of protesting to the Contracting Officer or to
the Agency Protest Official.
- (c) Contracting officers and potential protestors are encouraged to use their best
efforts to resolve concerns through frank and open discussion, as required by FAR
33.103(b). In resolving concerns and/or protests, consideration should be given to the use
of alternative dispute resolution techniques where appropriate.
- (d) Responsibilities:
- (1) Contracting Officers: (i) Include the provision at 2852.233-70 in all solicitations
that are expected to exceed the simplified acquisition threshold. (ii) If the protestor
requests that the Contracting Officer decide the protest, or if the protest is silent on
this issue, the Contracting Officer decides the protest using the procedures in this
Subpart and FAR 33.103. (iii) If the protestor requests that the Agency Protest Official
decide the protest, the Contracting Officer must ensure that the Agency Protest Official
receives a copy of the materials served on the Contracting Officer within one business day
after the filing date.
- (2) Agency Protest Official: If the protestor requests that the Agency Protest Official
decide the protest, the Official must use the procedures in this Subpart and FAR 33.103 to
provide an independent review of the issues raised in the protest.
2833.103 Protests to the Agency.
- (a) The filing time frames in FAR 33.103(e) apply. An agency protest is filed when the
protest complaint is received at the location the solicitation designates for serving
protests.
- (b) An interested party filing an agency protest has the choice of requesting either
that the contracting Officer or the Agency Protest Official decide the protest.
- (c) In addition to the information required by FAR 33.103(d)(2), the protest must:
- (1) Indicate that it is a protest to the agency.
- (2) Be filed with the Contracting Officer.
- (3) State whether the protestor chooses to have the Contracting Officer or the Agency
Protest Official decide the protest. If the protest is silent on this matter, the
Contracting Officer will decide the protest.
- (4) Indicate whether the protestor prefers to make an oral or written presentation of
arguments in support of the protest to the deciding official.
- (d) The decision by the Agency Protest Official is an alternative to a decision by the
Contracting Officer on a protest. The Agency Protest Official will not consider appeals
from a Contracting Officer's decision on an agency protest.
- (e) The deciding official must conduct a scheduling conference with the protestor within
five (5) days after the protest is filed. The scheduling conference will establish
deadlines for oral or written arguments in support of the agency protest and for agency
officials to present information in response to the protest issues. The deciding official
may hear oral arguments in support of the agency protest at the same time as the
scheduling conference, depending on availability of the necessary parties.
- (f) Oral conferences may take place either by telephone or in person. Other parties may
attend at the discretion of the deciding official.
- (g) The protestor has only one opportunity to support or explain the substance of its
protest. Department of Justice procedures do not provide for any discovery. The deciding
official has discretion to request additional information from either the agency or the
protestor. However, the deciding official will normally decide protests on the basis of
information provided by the protestor and the agency.
- (h) The preferred practice is to resolve protests through informal oral discussion.
- (i) An interested party may represent itself or be represented by legal counsel. The
Department of Justice will not reimburse the protester for any legal fees related to the
agency protest.
- (j) If an agency protest is received before contract award, the Contracting Officer must
not make award unless the Head of the Contracting Activity makes a determination to
proceed under FAR 33.103(f)(1). Similarly, if an agency protest is filed within ten (10)
days after award, the Contracting Officer must stay performance unless the Head of the
Contracting Activity makes a determination to proceed under FAR 33.103(f)(3). Any stay of
award or suspension of performance remains in effect until the protest is decided,
dismissed, or withdrawn.
- (k) The deciding official must make a best effort to issue a decision on the protest
within twenty (20) days after the filing date. The decision may be oral or written. If
oral, the deciding official must send a confirming letter within three (3) days after the
decision using a means that provides receipt. The confirming letter must include the
following information:
- (1) State whether the protest was denied, sustained or dismissed.
- (2) Indicate the date the decision was provided.
- (l) If the deciding official sustains the protest, relief may consist of any of the
following:
- (1) Recommendation that the contract be terminated for convenience or cause.
- (2) Recompeting the requirement.
- (3) Amending the solicitation.
- (4) Refraining from exercising contract options.
- (5) Awarding a contract consistent with statute, regulation, and the terms of the
solicitation.
- (6) Other action that the deciding official determines is appropriate.
- (m) If the Agency Protest Official sustains a protest, then within 30 days after
receiving the Official's recommendations for relief, the Contracting Officer must either:
- (1) Fully implement the recommended relief; or
- (2) Notify the Agency Protest Official in writing if any recommendations have not been
implemented and explain why.
- (n) Proceedings on an agency protest may be dismissed or stayed if a protest on the same
or similar basis is filed with a protest forum outside of the Department of Justice.
- SUBPART 2833.2 - DISPUTES AND APPEALS
2833.209 Suspected fraudulent claims.
- Contracting officers shall report suspected fraudulent claims to the Office of the
Inspector General.
2833.211 Contracting officer's decision.
- (a) The Agency Board of Contract Appeals (BCA), which will hear appeals from the
decisions of bureau contracting officers, is the Department of Transportation BCA. The
procedures set forth in 48 CFR chapter 63 shall apply.
- (b) Pursuant to 28 CFR 0.45(i), the contact for all appeals of decisions of DOJ
contracting officers which will be forwarded to the BCA under paragraph (a) of this
section, is the Deputy Assistant Attorney General, Commercial Litigation Branch, Civil
Division.
SUBCHAPTER F - Special Categories of Contracting
PART 2834
MAJOR SYSTEM ACQUISITION
SUBPART 2834.0 - GENERAL
2834.002 Policy.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 28 CFR 0.76(j).
PART 2834
MAJOR SYSTEM ACQUISITION
- SUBPART 2834.0 - GENERAL
2834.002 Policy.
- In accordance with Pub. L. 98-577, the Small Business and Federal Procurement
Competition Enhancement Act of 1984, an executive agency may establish a dollar threshold
for the designation of a major system. Accordingly, dollar thresholds for a major system
under Office of Management and Budget Circular A-109 are designated in this section.
- (a) Major Automated Information System. Within the Department of Justice, a major
automated information system is one whose life-cycle cost is in excess of $100 million.
- (b) Major Real Property System.
- (1) By purchase, when the assessed value of the property exceeds $60 million.
- (2) By lease, when the annual rental charges, including basic services (e.g., cleaning,
guards, maintenance), exceed $1.8 million.
- (3) By transfer from another agency at no cost when the assessed value of the property
exceeds $12 million.
- (c) Research and Development (R&D) System. Any R&D activity expected to exceed
$0.5 million, for the R&D phase is subject to OMB Circular A-109, unless exempted by
the HCA.
- (d) Any Other System or Activity. The HCA responsible for the system may designate any
system or activity as a Major System under OMB Circular A-109 as a result of Departmental
review, e.g., selected systems designed to support more than one principal organizational
unit.
- (e) Exemption. The AAG/A, upon recommendation by the HCA responsible for the system, may
determine that because of the routine nature of the acquisition, the system (e.g., an
information system utilizing only off-the-shelf hardware or software) will be exempt from
the OMB Circular A-109 process, although by virtue of the life cycle costs, it would
otherwise be identified as "major" in response to OMB Circular A-109.
SUBCHAPTER G - Contract Management
PART 2842
CONTRACT ADMINISTRATION
- SUBPART 2842.15 - CONTRACTOR PERFORMANCE INFORMATION
2842.1502 Policy
2842.1503 Procedures.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 28 CFR 0.76(j).
PART 2842
CONTRACT ADMINISTRATION
- SUBPART 2842.15 - CONTRACTOR PERFORMANCE INFORMATION
2842.1502 Policy.
- The head of each contracting activity shall be responsible for establishing past
performance evaluation procedures and systems as required by FAR 42.1502 and 42.1503.
2842.1503 Procedures.
- Past performance evaluation procedures and systems shall include, to the greatest
practicable extent, the evaluation and performance rating factors set forth in the Office
of Federal Procurement Policy best practices guide for past performance.
PART 2845
GOVERNMENT PROPERTY
SUBPART 2845.1 - GENERAL
2845.105 Records of Government property.
SUBPART 2845.5 - MANAGEMENT OF GOVERNMENT PROPERTY IN THE POSSESSION OF CONTRACTORS
2845.505-14 Reports of Government Property.
SUBPART 2845.6 - REPORTING, REDISTRIBUTION, AND DISPOSAL OF CONTRACTOR INVENTORY
2845.603 Disposal methods.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 28 CFR 0.76(j).
PART 2845
GOVERNMENT PROPERTY
- SUBPART 2845.1 - GENERAL
2845.105 Records of Government property.
- If departmental elements maintain the Government's official property management records,
the contract records may be kept as a separate account in the bureau's internal property
management system, in which case the contracting officer or formally designated property
administrator shall serve as custodian of the account.
- SUBPART 2845.5 - MANAGEMENT OF GOVERNMENT PROPERTY IN THE POSSESSION OF CONTRACTORS
2845.505-14 Report of Government Property.
- (a) In compliance with FAR 45.505-14, by January 31 of each year, DOJ contractors shall
furnish the cognizant contracting officer an annual report of the DOJ property for which
they are accountable as of the end of the calendar year.
- (b) By March 1 of each year, bureaus shall submit a summary report of Departmental
property furnished under each contract,as of the end of the calendar year, to the
Facilities and Administrative Services Staff, Justice Management Division. The report
shall be categorized in accordance with FAR 45.505 and shall include contracts for which
the bureau maintains the official government records.
- SUBPART 2845.6 - REPORTING, REDISTRIBUTION, AND DISPOSAL OF CONTRACTOR INVENTORY
2845.603 Disposal methods.
- Policies pertaining to reutilization and disposal of DOJ property, including
requirements for internal screening, waivers, and disposal reporting, are prescribed in
the Justice Property Management Regulations Subpart 128-43. Unless otherwise specified,
the "plant clearance officer" shall be a designated utilization and disposal
representative of a bureau's property management office.
PART 2846
QUALITY ASSURANCE
SUBPART 2846.6 - MATERIAL INSPECTION AND RECEIVING REPORTS
2846.601 General
- SUBPART 2846.7 - WARRANTIES
2846.704 Authority for use of warranties.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 28 CFR 0.76(j).
PART 2846
QUALITY ASSURANCE
- SUBPART 2846.6 - MATERIAL INSPECTION AND RECEIVING REPORTS
2846.601 General.
- Bureaus shall prescribe procedures and instructions for the use, preparation, and
distribution of material inspection and receiving reports and commercial shipping
document/packing lists to evidence Government inspection.
- SUBPART 2846.7 - WARRANTIES
2846.704 Authority for use of warranties.
- The use of a warranty in an acquisition shall be approved at a level above the
contracting officer.
SUBCHAPTER H - Clauses and Forms
PART 2852
SOLICITATION PROVISIONS AND CONTRACT CLAUSES
SUBPART 2852.1 - INSTRUCTIONS FOR USING PROVISIONS AND CLAUSES
2852.102 Incorporating provisions and clauses.
2852.102-270 Incorporation in full text.
SUBPART 2852.2 - TEXT OF PROVISIONS AND CLAUSES
2852.201-70 Contracting Officer's Technical Representative (COTR).
2852.211-70 Brand-name or Equal.
2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material.
2852.233-70 Protests Filed Directly with the Department of Justice
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 28 CFR 0.76(j).
PART 2852 SOLICITATION PROVISIONS AND CONTRACT CLAUSES
- SUBPART 2852.1 - INSTRUCTIONS FOR USING PROVISIONS AND CLAUSES
2852.102 Incorporating provisions and clauses.
2852.102-270 Incorporation in full text.
- JAR provisions or clauses shall be incorporated in solicitations and contracts in full
text.
- SUBPART 2852.2 - TEXT OF PROVISIONS AND CLAUSES
2852.201-70 Contracting Officer's Technical Representative (COTR).
- As prescribed in Subpart 2801.70, insert the following clause:
- Contracting Officer's Technical Representative (COTR)
- (JAN 1985)
- (a) Mr./Ms. (Name) of (Organization) (Room No.), (Building), (Address), (Area Code &
Telephone No.), is hereby designated to act as Contracting Officer's Technical
Representative (COTR) under this contract.
- (b) The COTR is responsible, as applicable, for: receiving all deliverables, inspecting
and accepting the supplies or services provided hereunder in accordance with the terms and
conditions of this contract; providing direction to the contractor which clarifies the
contract effort, fills in details or otherwise serves to accomplish the contractual Scope
of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of
the supplies or services furnished for payment.
- (c) The COTR does not have the authority to alter the contractor's obligations under the
contract, and/or modify any of the expressed terms, conditions, specifications, or cost of
the agreement. If as a result of technical discussions it is desirable to alter/change
contractual obligations or the Scope of Work, the Contracting Officer shall issue such
changes.
(End of Clause)
2852.211-70 Brand-name or Equal.
- As prescribed in 2811.104-70, insert the following clause:
- BRAND-NAME OR EQUAL
- (JAN 1985)
- (a) The terms "bid" and "bidders", as used in this clause, include
the terms "proposal" and "offerors". The terms "invitation for
bids" and "invitation", as used in this clause include the terms
"request for proposal" and "request".
- (b) If items called for by this invitation for bids have been identified in the schedule
by a "brand name or equal" description, such identification is intended to be
descriptive but not restrictive, and is to indicate the quality and characteristics of
products that will be satisfactory. Bids offering "equal" products (including
products of a brand name manufacturer other than the one described by brand name) will be
considered for award if such products are clearly identified in the bids and are
determined by the Government to meet fully the salient characteristics and requirements
listed in the invitation.
- (c) Unless the bidder clearly indicates in his/her bid that he/she is offering an
"equal' product, his/her bid shall be considered as offering the brand name product
referenced in the invitation for bids.
- (d) (1) If the bidder proposes to furnish an "equal" product, the brand name,
if any, of the product to be furnished shall be inserted in the space provided in the
invitation for bids, or such product shall be otherwise clearly identified in the bid. The
evaluation of bids and the determinations to equality of the product offered shall be the
responsibility of the Government and will be based on information furnished by the bidder
or identified in his/her bid as well as other information reasonably available to the
purchasing activity. To ensure that sufficient information is available, the bidder must
furnish as a part of his/her bid all descriptive material (such as cuts, illustrations,
drawings, or other information) necessary for the purchasing activity to: (i) determine
whether the product offered meets the salient characteristics requirements of the
invitation for bids, and (ii) establish exactly what the bidder proposed to furnish and
what the Government would be binding itself to purchase by making an award. The
information furnished may include specific references to information previously furnished
or information otherwise available to the purchasing activity.
- (2) If the bidder proposes to modify a product so as to make it conform to the
requirements of the invitation for bids, he/she shall: (i) include in his/her bid a clear
description of such proposed modifications, and (ii) clearly mark any descriptive material
to show the proposed modifications.
- (3) Modifications proposed after the bid opening to make a product conform to a brand
name product referenced in the invitation for bids will not be considered.
(End of Clause)
2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material
- As prescribed in 2823.303-70, insert the following clause:
- UNSAFE CONDITIONS DUE TO THE PRESENCE OF HAZARDOUS MATERIAL
- (JUNE 1996)
- (a) "Unsafe condition" as used in this clause means the actual or potential
exposure of contractor or Government employees to a hazardous material as defined in
Federal Standard No. 313, and any revisions thereto during the term of this contract, or
any other material or working condition designated by the Contracting Officer's Technical
Representative (COTR) as potentially hazardous and requiring safety controls.
- (b) The Occupational Safety and Health Administration (OSHA) is responsible for issuing
and administering regulations that require contractors to apprise its employees of all
hazards to which they may be exposed in the course of their employment; proper conditions
and precautions for safe use and exposure; and related symptoms and emergency treatment in
the event of exposure.
- (c) Prior to commencement of work, contractors are required to inspect for and report to
the contracting officer or designee the presence of, or suspected presence of, any unsafe
condition
including asbestos or other hazardous materials or working conditions in areas in which
they will be working.
- (d) If during the performance of the work under this contract, the contractor or any of
its employees, or subcontractor employees, discovers the existence of an unsafe condition,
the contractor shall immediately notify the contracting officer, or designee, (with
written notice provided not later than three (3) working days thereafter) of the existence
of an unsafe condition. Such notice shall include the contractor's recommendations for the
protection and the safety of Government, contractor and subcontractor personnel and
property that may be exposed to the unsafe condition.
- (e) When the Government receives notice of an unsafe condition from the contractor, the
parties will agree on a course of action to mitigate the effects of that condition and, if
necessary, the contract will be amended. Failure to agree on a course of action will
constitute a dispute under the Disputes clause of this contract.
- (f) Nothing contained in this clause shall relieve the contractor or subcontractors from
complying with applicable Federal, State, and local laws, codes, ordinances and
regulations (including the obtaining of licenses and permits) in connection with hazardous
material including but not limited to the use, disturbance, or disposal of such material.
(End of Clause)
2852.233-70 Protests Filed Directly with the Department of Justice
- As prescribed in 2833.102(d), insert a clause substantially as follows:
PROTESTS FILED DIRECTLY WITH THE DEPARTMENT OF JUSTICE
(JAN 1998)
- (a) The following definitions apply in this provision:
- (1) "Agency Protest Official" means the official, other than the contracting
officer, designated to review and decide procurement protests filed with a contracting
activity of the Department of Justice.
- (2) "Deciding Official" means the person chosen by the protestor to decide the
agency protest; it may be either the Contracting Officer or the Agency Protest Official.
- (3) "Interested Party" means an actual or prospective offeror whose direct
economic interest would be affected by the award of a contract or by the failure to award
a contract.
(b) A protest filed directly with the Department of Justice must:
- (1) Indicate that it is a protest to the agency.
- (2) Be filed with the Contracting Officer.
- (3) State whether the protestor chooses to have the Contracting Officer or the Agency
Protest Official decide the protest. If the protestor is silent on this matter, the
Contracting Officer will decide the protest.
- (4) Indicate whether the protestor prefers to make an oral or written presentation of
arguments in support of the protest to the deciding official.
- (5) Include the information required by FAR 33.103(d)(2):
- (i) Name, address, facsimile number and telephone number of the protestor.
- (ii) Solicitation or contract number.
- (iii) Detailed statement of the legal and factual grounds for the protest, to include a
description of resulting prejudice to the protestor.
- (iv) Copies of relevant documents.
- (v) Request for a ruling by the agency.
- (vi) Statement as to the form of relief requested.
- (vii) All information establishing that the protestor is an interested party for the
purpose of filing a protest.
- (viii) All information establishing the timeliness of the protest.
- (c) An interested party filing a protest with the Department of Justice has the choice
of requesting either that the Contracting Officer or the Agency Protest Official decide
the protest.
- (d) The decision by the Agency Protest Official is an alternative to a decision by the
Contracting Officer. The Agency Protest Official will not consider appeals from the
Contracting Officer's decision on an agency protest.
- (e) The deciding official must conduct a scheduling conference with the protestor within
five (5) days after the protest is filed. The scheduling conference will establish
deadlines for oral or written arguments in support of the agency protest and for agency
officials to present information in response to the protest issues. The deciding official
may hear oral arguments in support of the agency protest at the same time as the
scheduling conference, depending on availability of the necessary parties.
- (f) Oral conferences may take place either by telephone or in person. Other parties may
attend at the discretion of the deciding official.
- (g) The protestor has only one opportunity to support or explain the substance of its
protest. Department of Justice procedures do not provide for any discovery. The deciding
official may request additional information from either the agency or the protestor. The
deciding official will resolve the protest through informal presentations or meetings to
the maximum extent practicable.
- (h) An interested party may represent itself or be represented by legal counsel. The
Department of Justice will not reimburse the protester for any legal fees related to the
agency protest.
- (i) The Department of Justice will stay award or suspend contract performance in
accordance with FAR 33.103(f). The stay or suspension, unless over-ridden, remains in
effect until the protest is decided, dismissed, or withdrawn.
- (j) The deciding official will make a best effort to issue a decision on the protest
within twenty (20) days after the filing date. The decision may be oral or written.
- (k) The Department of Justice may dismiss or stay proceeding on an agency protest if a
protest on the same or similar basis is filed with a protest forum outside the Department
of Justice.
(End of Clause)
Last Updated March 17, 2008
jmd/iso/bk