48 Cfr 10

970.5245–1

48 CFR Ch. 9 (10–1–07 Edition)

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the written direction of the contracting officer. The contractor shall take no action prejudicial to the right of the Government to recover therefore, and shall furnish to the Government, on request, all reasonable assistance in obtaining recovery.
(h) Government property for Government use
only. Government property shall be used
only for the performance of this contract.
(i) Property Management—(1) Property Management System. (i) The contractor shall establish, administer, and properly maintain
an approved property management system of
accounting for and control, utilization,
maintenance, repair, protection, preservation, and disposition of Government property
in its possession under the contract. The
contractor’s property management system
shall be submitted to the contracting officer
for approval and shall be maintained and administered in accordance with sound business practice, applicable Federal Property
Management regulations and Department of
Energy Property Management regulations,
and such directives or instructions which the
contracting officer may from time to time
prescribe.
(ii) In order for a property management
system to be approved, it must provide for:
(A) Comprehensive coverage of property
from the requirement identification, through
its life cycle, to final disposition;
(B) Employee personal responsibility and
accountability for Government-owned property;
(C) Full integration with the contractor’s
other administrative and financial systems;
and
(D) A method for continuously improving
property management practices through the
identification of best practices established
by ‘‘best in class’’ performers.
(iii) Approval of the contractor’s property
management system shall be contingent
upon the completion of the baseline inventory as provided in subparagraph (i)(2) of this
clause.
(2) Property Inventory. (i) Unless otherwise
directed by the contracting officer, the contractor shall within six months after execution of the contract provide a baseline inventory covering all items of Government property.
(ii) If the contractor is succeeding another
contractor in the performance of this contract, the contractor shall conduct a joint

reconciliation of the property inventory with
the predecessor contractor. The contractor
agrees to participate in a joint reconciliation of the property inventory at the completion of this contract. This information
will be used to provide a baseline for the succeeding contract as well as information for
closeout of the predecessor contract.
(j) The term ‘‘contractor’s managerial personnel’’ as used in this clause means the contractor’s directors, officers and any of its
managers, superintendents, or other equivalent representatives who have supervision or
direction of:
(1) All or substantially all of the contractor’s business; or
(2) All or substantially all of the contractor’s operations at any one facility or separate location to which this contract is being
performed; or
(3) A separate and complete major industrial operation in connection with the performance of this contract; or
(4) A separate and complete major construction, alteration, or repair operation in
connection with performance of this contract; or
(5) A separate and discrete major task or
operation in connection with the performance of this contract.
(k) The contractor shall include this clause
in all cost reimbursable subcontracts.

(End of clause)
Alternate I (DEC 2000). As prescribed
in 48 CFR 970.4501–1(b), when the award
is to a nonprofit contractor, replace
paragraph (j) of the basic clause with
the following paragraph (j):
(j) The term ‘‘contractor’s managerial personnel’’ as used in this clause means the contractor’s directors, officers and any of its
managers, superintendents, or other equivalent representatives who have supervision or
direction of all or substantially all of:
(1) The contractor’s business; or
(2) The contractor’s operations at any one
facility or separate location at which this
contract is being performed; or
(3) The contractor’s Government property
system and/or a Major System Acquisition or
Major Project as defined in DOE Order 4700.1
(Version in effect on effective date of contract).

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CHAPTER 10—DEPARTMENT OF THE TREASURY
(Parts 1000 to 1099)

Subchapter A—GENERAL
Part

1001
1002
1003
1004

Page

Department of the Treasury Acquisition Regulation (DTAR) System .............................................
Definitions of Words and Terms ..............................
Improper Business Practices and Personal Conflicts of Interest ...................................................
Administrative Matters ..........................................

549
550
550
550

Subchapter B—COMPETITION AND ACQUISITION PLANNING

1005
1011

Publicizing Contract Actions ..................................
Describing Agency Needs ........................................

551
551

Subchapter D—SOCIOECONOMIC PROGRAMS

1019

Small Business Programs ........................................

553

Subchapter E—GENERAL CONTRACTING REQUIREMENTS

1028
1033

Bonds and Insurance ...............................................
Protests, Disputes, and Appeals ..............................

557
557

Subchapter H—CLAUSES AND FORMS

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1052

Solicitation Provisions and Contract Clauses .........

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Subchapter A—GENERAL
PART 1001—DEPARTMENT OF THE
TREASURY ACQUISITION REGULATORY (DTAR) SYSTEM
Subpart 1001.1—Purpose, Authority,
Issuance
Sec.
1001.101 Purpose.
1001.104 Applicability.
1001.105 Issuance.
1001.105–1 Publication and code arrangement.
1001.105–2 Arrangement of regulations.
1001.105–3 Copies.
1001.106 OMB Approval under the Paperwork Reduction Act.
AUTHORITY: 41 U.S.C. 418b (a) and (b).
SOURCE: 68 FR 39855, July 3, 2003, unless
otherwise noted.

Subpart 1001.1—Purpose,
Authority, Issuance
1001.101

Applicability

The FAR and DTAR apply to all acquisitions of supplies and services,
which obligate appropriated funds. For
acquisitions made from non-appropriated funds, the Senior Procurement
Executive will determine the rules and
procedures that will apply. The DTAR
does not apply to the acquisitions of
the U.S. Mint.
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Issuance.

1001.105–1 Publication and code arrangement.
The DTAR and its subsequent
changes will be published in the FEDERAL REGISTER and codified in the Code
of Federal Regulations (CFR). The
DTAR will be issued as 48 CFR Chapter
10.
1001.105–2
tions.

Arrangement

of

Copies.

Copies of the DTAR in FEDERAL REGISTER or CFR form may be purchased
from the Superintendent of Documents, Government Printing Office
(GPO), Washington, DC 20402.
1001.106 OMB Approval under the Paperwork Reduction Act.
OMB has assigned the following control numbers that must appear on the
upper right-hand corner of the face
page of each solicitation, contract,
modification and order: OMB Control
No. 1505–0081 (Offeror submissions),
OMB Control No. 1505–0080 (Contractor
submissions), and OMB Control No.
1505–0107 (Protests). OMB regulations
and OMB’s approval and assignment of
control numbers are conditioned upon
Treasury bureaus not requiring more
than three copies (including the original) of any document of information.
OMB has granted a waiver to permit
the Department to require up to eight
copies of proposal packages, including
proprietary data, for solicitations, provided that contractors who submit
only an original and two copies will
not be placed at a disadvantage.

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regula-

(a) References and citations. The
DTAR is divided into the same parts,
subparts, sections, subsections, and
paragraphs as the FAR except that 10
or 100 will precede the DTAR citation
so that there are four numbers to the
left of the first decimal. Reference to
DTAR material must be made in a
manner similar to that prescribed by
FAR 1.105–2(c).
1001.105–3

Purpose.

This subpart establishes Chapter 10,
the Department of the Treasury Acquisition Regulation (DTAR), within Title
48 of the Federal Acquisition Regulation (FAR) System. The DTAR contains policies and procedures that supplement FAR coverage and directly affect the contractual relationship between the Department of the Treasury
and its business partners (e.g., prospective offerors/bidders and contractors).
When FAR coverage is adequate, there
will be no corresponding DTAR coverage.
1001.104

1001.105

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Pt. 1002

48 CFR Ch. 10 (10–1–07 Edition)
SOURCE: 68 FR 39855, July 3, 2003, unless
otherwise noted.

PART 1002—DEFINITIONS OF
WORDS AND TERMS

Subpart
1003.9—Whistleblower
Protections for Contractor Employees

Subpart 1002.1—Definitions.
Sec.
1002.101

Definitions.

1003.901

AUTHORITY: 41 U.S.C. 418b (a) and (b).
SOURCE: 68 FR 39855, July 3, 2003, unless
otherwise noted.

Subpart 1002.1—Definitions.

PART 1004—ADMINISTRATIVE
MATTERS

1002.101

Definitions.

Bureau Chief Procurement Officer
(BCPO) means the senior acquisition
person at each bureau’s headquarters.
Within the Internal Revenue Service,
this may be the Director, Procurement
or the Deputy Director, Procurement.
Legal counsel means the Treasury or
bureau office providing legal services
to the contracting activity.
Senior Procurement Executive (SPE) for
the Department of the Treasury is the
Director, Office of the Procurement
Executive.

PART 1003—IMPROPER BUSINESS
PRACTICES
AND
PERSONAL
CONFLICTS OF INTEREST
Subpart 1003.9—Whistleblower Protections
for Contractor Employees
Sec.
1003.901

Definitions.

AUTHORITY: 41 U.S.C. 418b (a) and (b).

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Definitions.

Authorized official of an agency means
Treasury’s SPE.

Subpart 1004.4—Safeguarding Classified
Information Within Industry
Sec.
1004.470 Investigative Requirement for Contractors.
1004.470–1 General.
AUTHORITY: 41 U.S.C. 418b (a) and (b).
SOURCE: 68 FR 39855, July 3, 2003, unless
otherwise noted.

Subpart
1004.4—Safeguarding
Classified Information Within
Industry
1004.470 Investigative
for Contractors.

Requirements

1004.470–1 General.
Contract employees not requiring access to classified information must
meet the investigative requirements of
Chapter II, Section 2 of TD P 71–10, Department of the Treasury—Security
Manual.

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Subchapter B—COMPETITION AND ACQUISITION
PLANNING
PART 1005—PUBLICIZING
CONTRACT ACTIONS
Subpart 1005.2—Synopses of Proposed
Contract Actions
Sec.
1005.202

Exceptions.

AUTHORITY: 41 U.S.C. 418(b) (a) and (b).
SOURCE: 68 FR 39855, July 3, 2003, unless
otherwise noted.

Subpart 1005.2—Synopses of
Proposed Contract Actions

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1005.202 Exceptions.
(b)(1) The Office of Federal Procurement Policy and the Small Business
Administration have extended the
Pilot Program on Acquisition of Services from Small Businesses. It allows
for a waiver of the synopsis requirement for services from competitive
small businesses between $25,000 and
$100,000. Contracting officers may
waive the synopsis requirement after
determining the following:
(1) Acquisitions covered by the waiver are for services (excluding those exempted from set-asides under the
Small Business Competitiveness Demonstration Program) in amounts over
$25,000, but not exceeding the simplified acquisition threshold ($100,000),
of which supply items are expected to
constitute less than 20 percent of the
value of the contract;

(ii) The covered acquisitions will be
set-aside for small businesses;
(iii) Quotes or offers for covered acquisitions will be solicited and obtained from a minimum of five small
business concerns;
(iv) The Procurement Marketing and
Access Network (PRO-Net) will be used
to identify and solicit bids from a minimum of five small businesses; and
(v) If practicable, two sources not included in the previous solicitation for
the same services will be solicited.

PART 1011—DESCRIBING AGENCY
NEEDS
Subpart 1011.1—Selecting and Developing
Requirements Documents
Sec.
1011.103

Market acceptance.

AUTHORITY: 41 U.S.C. 418b (a) and (b).
SOURCE: 68 FR 39855, July 3, 2003, unless
otherwise noted.

Subpart 1011.1—Selecting and
Developing
Requirements
Documents
1011.103

Market Acceptance.

(a) BCPOs can act on behalf of the
head of the agency in this subpart
only. BCPOs, under appropriate circumstances, require offerors to make
the required demonstrations.

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Subchapter D—SOCIOECONOMIC PROGRAMS
PART 1019—SMALL BUSINESS
PROGRAMS

1019.202–70–4

Subpart 1019.2—Policies
Sec.
1019.202 Specific policies.
1019.202–70 The Treasury Mentor-Prote´ge´
Program
1019.202–70–3 Non-affiliation.
1019.202–70–4 General policy.
1019.202–70–5 Incentives for prime contractor participation.
1019.202–70–7 Mentor firms.
1019.202–70–8 Prote´ge´ firms.
1019.202–70–9 Selection of Prote´ge´ firms.
1019.202–70–10 Application process for mentor firms to participate in the program.
1019.202–70–11 OSBD review and approval
process of agreement.
1019.202–70–12 Agreement contents.
1019.202–70–13 Developmental assistance.
1019.202–70–14 Obligation.
1019.202–70–16 Solicitation provisions and
contract clauses.

Subpart 1019.7—The Small Business
Subcontracting Program
1019.708 Contract clauses.
1019.708–70 Solicitation provisions and contract clauses.

Subpart 1019.8—Contracting With the
Small Business Adminstration (The 8(a)
Program)
1019.811 Preparing the contracts.
1019.811–3 Contract clauses.
AUTHORITY: 41 U.S.C. 418b (a) and (b).
SOURCE: 68 FR 39855, July 3, 2003, unless
otherwise noted.

Subpart 1019.2—Policies
1019.202

Specific policies.

1019.202–70 The
Treasury
Prote´ge´ Program.

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1019.202–70–3

Mentor-

Non-affiliation.

For purposes of the Small Business
Act, a prote´ge´ firm may not be considered an affiliate of a mentor firm solely on the basis that the prote´ge´ firm is
receiving developmental assistance referred to in DTAR 1019.202–70–13 from
such mentor firm under the Program.

General policy.

(a) Eligible prime contractors, not
included on the ‘‘List of Parties Excluded from Federal Procurement and
Nonprocurement Programs’’, that are
approved as mentors will enter into
agreements with eligible prote´ge´s.
Mentors provide appropriate developmental assistance to enhance the capabilities of prote´ge´s to perform as contractors or subcontractors.
(b) A firm’s status as a prote´ge´ under
a Treasury contract must not have an
effect on the firm’s eligibility to seek
other contracts or subcontracts.
1019.202–70–5 Incentives for
contractor participation.

(a) Under the Small Business Act, 15
U.S.C. 637(d)(4)(E), Treasury is authorized to provide appropriate incentives
to encourage subcontracting opportunities consistent with the efficient and
economical performance of the contract. Proposed mentor-prote´ge´ efforts
will be considered during the evaluation of such negotiated, competitive offers. Contracting officers must provide,
as an incentive, a bonus score, not to
exceed 5% of the relative importance
assigned to the technical/management
factors.
(b) A mentor’s performance will be
evaluated against the criteria described in DTAR 1052.219–75.
(c) Before awarding a contract that
requires a subcontracting plan, the existence of a mentor-prote´ge´ arrangement, and performance (if any) under
an existing arrangement, must be considered by the contracting officer in:
(1) Evaluating the quality of a proposed subcontracting plan under FAR
19.705–4; and
(2) Evaluating the contractor compliance with the subcontracting plans
submitted in previous contracts as a
factor in determining contractor responsibility under FAR 19.705–5(a)(1).
(d)
Mentor-prote´ge´
arrangements
may provide the government with
greater assurance that a prote´ge´ subcontractor will be able to perform
under the contract.

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1019.202–70–7

48 CFR Ch. 10 (10–1–07 Edition)

(e) The Office of Small Business Development (OSBD) Mentoring Award is
a non-monetary award that will be presented (annually or as often as appropriate) to the mentoring firm providing
the most effective developmental support of a prote´ge´. The Mentor-Prote´ge´
Program Manager will recommend an
award winner to the Director, Office of
Small Business Development.

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1019.202–70–7 Mentor firms.
A mentor firm may be either a large
or small business, eligible for award of
a Government contract that can provide developmental assistance to enhance the capabilities of prote´ge´s to
perform as subcontractors. Mentors
will be encouraged to enter into arrangements with prote´ge´s in addition
to firms with whom they have established business relationships.
1019.202–70–8 Prote´ge´ firms.
(a) For selection as a prote´ge´, a firm
must be:
(1) A small business, women-owned
small business, small disadvantaged
business, small business owned and
controlled by service disabled veterans,
or qualified HUBZone small business:
(2) ‘‘Small’’ in the NAICS for the
services or supplies to be provided by
the prote´ge´ under its subcontract to
the mentor; and
(3) Eligible for receipt of Government
contracts.
(b) Except for small disadvantaged
business, or qualified HUBZone small
business firms, a prote´ge´ firm may selfcertify to a mentor firm that it meets
the requirements set forth if paragraph
(a) of this section. Mentors may rely in
good faith on written representations
by potential prote´ge´ that they meet
the specified eligibility requirements.
The small disadvantaged business and
HUBZone status eligibility and documentation requirements are determined according to FAR 19.304 and
FAR 19.1303, respectively.
(c) Prote´ge´s may not have multiple
mentors unless approved, in writing, by
the Director, Office of Small Business
Development (OSBD). Prote´ge´s participating in other agency mentor-prote´ge´
programs in addition to the Treasury
Program should maintain a system for
preparing separate reports of men-

toring activity for each agency’s program.
1019.202–70–9
firms.

Selection

of

(a) Mentor firms will be solely responsible for selecting prote´ge´ firms.
The mentor is encouraged to identify
and select the types of prote´ge´ firms
listed in 1019.202–70–7. Mentor firms
may have multiple prote´ge´s.
(b) The selection of prote´ge´ firms by
mentor firms may not be protested.
Any protest regarding the size or eligibility status of an entity selected by a
mentor to be a prote´ge´ must be referred solely to Treasury’s OSBD for
resolution. Treasury, at its discretion,
may seek an advisory opinion from the
Small Business Administration (SBA).
1019.202–70–10 Application process for
mentor firms to participate in the
program.
(a) Firm interested in becoming a
mentor firm may apply in writing to
Treasury’s OSBD. The application will
be evaluated based upon the description of the nature and extent of technical and managerial support proposed
as well as the extent of other developmental assistance in the form of equity
investment, loans, joint-venture support, and traditional subcontracting
support.
(b) A proposed mentor will submit
the information listed in DTAR
1019.202–70–12 for inclusion in a mentorprote´ge´ agreement.
1019.202–70–11 OSBD review and approval process of agreement.
(a) OSBD will review the information
specified in DTAR 1019.202–70–12. The
OSBD review will be completed no
later than 30 calendar days after receipt.
(b) Upon completion of the review,
the mentor may implement the developmental assistance program.
(c) An approved agreement will be incorporated into the mentor firm’s contract(s) with Treasury.
(d) If the OSBD disapprove the agreement, the mentor may provide additional information for reconsideration.
Upon finding deficiencies that the
OSBD considers correctable, the OSBD
will notify the mentor and provide a

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Department of the Treasury

1019.202–70–14

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list of defects. Any additional information or corrections requested will be
provided within 30 calendar days. The
review of any supplemental material
will be completed within 30 days after
receipt by the OSBD. When submission
of additional data is required during a
proposal evaluation for a new contract
award, shorter timeframes for submission, review and re-evaluation for approval may be authorized by the OSBD.
(e) The agreement defines the relationship between the mentor and
prote´ge´ firms only. The agreement
itself does not create any privity of
contract between the mentor or
prote´ge´ and Treasury.
1019.202–70–12 Agreement contents.
The contents of the agreement will
contain:
(a) Names and addresses of mentor
and prote´ge´ firms and a point of contact within both firms who will oversee
the agreement;
(b) Procedures for the mentor firm to
notify the prote´ge´ firm, OSBD and the
contracting officer, in writing, at least
30 days in advance of the mentor firm’s
intent to voluntarily withdraw from
the program;
(c) Procedures for a prote´ge´ firm to
notify the mentor firm in writing at
least 30 days in advance of the prote´ge´
firm’s intent to voluntarily terminate
the mentor-prote´ge´ agreement. The
mentor must notify the OSBD and the
contracting officer immediately upon
receipt of such notice from the prote´ge´;
(d) Each proposed mentor-prote´ge´ relationship must include information on
the mentor’s ability to provide developmental assistance to the prote´ge´ and
how that assistance will potentially increase contracting and subcontracting
opportunities for the prote´ge´ firm;
(e) A description of the type of developmental Program that will be provided by the mentor firm to the
prote´ge´ firm, to include a description
of the potential subcontract work, and
a schedule for providing assistance and
criteria for evaluation of the prote´ge´s
developmental success;
(f) A listing of the types and dollar
amounts of subcontracts that may be
awarded to the prote´ge´ form;
(g) Program participation term;
(h) Termination procedures;

(i) Plan for accomplishing work
should the agreement be terminated;
and,
(j) Other terms and conditions, as appropriate.
1019.202–70–13 Developmental assistance.
The forms of developmental assistance a mentor can provide to a prote´ge´
include:
(a) Management guidance relating to
financial management, organizational
management, overall business management/planning, business development,
and technical assistance;
(b) Loans;
(c) Rent-free use of facilities and/or
equipment;
(d) Property;
(e) Temporary assignment of personnel to prote´ge´ for purpose of training; and,
(f) Any other types of mutually beneficial assistance.
1019.202–70–14 Obligation.
(a) Mentor or prote´ge´ firms, may voluntarily withdraw from the MentorProte´ge´ Program. However, such withdrawal will not impact the program
mission and contract requirements
under the prime contract.
(b) At the conclusion of each year in
the Mentor-Prote´ge´
Program, the
prime contractor and prote´ge´ must formally brief the Department of the
Treasury team regarding program accomplishments as pertains to the approved agreement. Individual briefings
may be conducted, at the request of either party. Treasury will evaluate
these reports by considering the following:
(1) Specific actions taken by the
mentor, during the evaluation period,
to increase the participation of prote´ge´
as suppliers to the Federal government
and to commercial entities;
(2) Specific actions taken by the
mentor, during the evaluation period,
to develop the technical and corporate
administrative expertise of a prote´ge´
as defined in the agreement;
(3) To what extent the prote´ge´ has
met the developmental objectives in
the agreement; and,
(4) To what extent the mentor firm’s
participation in the Mentor-Prote´ge´

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1019.202–70–16

48 CFR Ch. 10 (10–1–07 Edition)

Program resulted in the prote´ge´ receiving contract(s) and subcontract(s) from
private firms and agencies other than
the Department of the Treasury.
(c) Mentor and prote´ge´ firms must
submit an evaluation to the OSBD at
the conclusion of the mutually agreed
upon program period, the conclusion of
the contract, or the voluntary withdrawal by either party from the Mentor-Prote´ge´ Program, whichever comes
first.

ing, in all solicitations and contracts
requiring a subcontracting plan.
(b) Insert the provision at DTAR
1052.219–71, Subcontracting Plan, in all
solicitations
requiring
a
subcontracting plan.

Subpart 1019.8—Contracting With
the Small Business Administration (The 8(a) Program)
1019.811

1019.202–70–16 Solicitation provisions
and contract clauses.
(a) Insert the provision at DTAR
1052.219–73, Department of the Treasury
Mentor-Prote´ge´ Program, in all unrestricted solicitations exceeding $500,000
($1,000,000 for construction) that offer
subcontracting possibilities.
(b) Insert the clause at DTAR
1052.219–75, Mentor Requirements and
Evaluation, in contracts where the
prime contractor is participant in the
Treasury Mentor-Prote´ge´ Program.

Subpart 1019.7—The Small
Business Subcontracting Program
1019.708

Contract clauses.

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1019.708–70 Solicitation
provisions
and contract clauses.
(a) Insert the clause at DTAR
1052.219–70, SF 294 and SF 295 Report-

Preparing the contracts.

1019.811–3

Contract clauses.

(d)(3) Insert theclause at DTAR
1052.219–18, Notification of Competition
Limited to Eligible 8(a) Concerns—Alternate III (Deviation), for paragraph
(c) of FAR 52.219–18, Notification of
Completion Limited to Eligible 8(a)
Concerns, in all solicitations and contracts that exceed $100,000 and are
processed under DTAR 1019.8.
(f) Insert the clause at DTAR
1052.219–72, Section 8(a) Direct Award,
in solicitations and contracts that exceed $100,000 and are processed under
DTAR 1019.8 for paragraph (c) of FAR
52.219–11, Special 8(a) Subcontract Conditions; FAR 52.219–12, Special 8(a) Subcontract Conditions; and FAR 52.219–17,
Section 8(a) Award.

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Subchapter E—GENERAL CONTRACTING REQUIREMENTS
PART 1028—BONDS AND
INSURANCE

PART 1033—PROTESTS, DISPUTES,
AND APPEALS

Subpart 1028.1—Bonds

Subpart 1033.2—Disputes and Appeals

Sec.
1028.106 Administration.
1028.106–6 Furnishing information.

Sec.
1033.201
1033.210

Subpart 1028.3—Insurance

AUTHORITY: 41 U.S.C. 418b (a) and (b).

1028.307– Insurance under cost-reimbursement contracts.
1028.307–1 Group insurance plans.

SOURCE: 68 FR 39855, July 3, 2003, unless
otherwise noted.

Subpart 1033.2—Disputes and
Appeals

AUTHORITY: 41 U.S.C. 418b (a) and (b).
SOURCE: 68 FR 39855, July 3, 2003, unless
otherwise noted.

Subpart 1028.1—Bonds
1028.106

Administration.

1028.106–6 Furnishing information.
(b) COs must furnish certified copies
and determine reasonable and appropriate costs, after consultation with
legal counsel.

Subpart 1028.3—Insurance
1028.307 Insurance under
bursement contracts.

cost-reim-

1028.307–1 Group insurance plans.
Plans must be submitted to the CO,
who must obtain the advice of legal
counsel.

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Definitions.
Contracting officer’s authority.

1033.201

Definitions.

Agency Board of Contract Appeals
means the General Services Administration Board of Contract Appeals
(GSBCA). The GSBCA is the authorized
representative of the Secretary of the
Treasury in hearing, considering, and
determining all appeals of decisions of
CO’s filed by contractors pursuant to
FAR subpart 33.2. Appeals must be governed by the Rules of the GSBCA (48
CFR chapter 61, part 6101).
1033.210
ity.

Contracting officer’s author-

It is Treasury’s policy to encourage
the use of Alternate Disputes Resolution (ADR) procedures. A decision to
use ADR procedures requires review
and approval by legal counsel.

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Subchapter H—CLAUSES AND FORMS
PART 1052—SOLICITATION PROVISIONS
AND
CONTRACT
CLAUSES
Subpart 1052.2—Texts of Provisions and
Clauses
Sec.
1052.210–70 Contracting Officer’s Technical
Representative (COTR) Designation and
Authority.
1052.219–18 Notification
of
Competition
Limited to Eligible 8(a) Concerns—Alternate III (Deviation).
1052.219–70 SF 294 and SF 295 Reporting.
1052.219–71 Subcontracting Plan.
1052.219–72 Section 8(a) Direct Awards.
1052.219–73 Department of the Treasury
Mentor-Prote´ge´ Program.
1052.219–74 [Reserved]
1053.219–75 Mentor Requirements and Evaluation.
AUTHORITY: 41 U.S.C. 418b (a) and (b).
SOURCE: 68 FR 39855, July 3, 2003, unless
otherwise noted.

Subpart 1052.2—Texts of Provisions
and Clauses
1052.201–70 Contracting
Officer’s
Technical Representative (COTR)
Designation and Authority.
Per DTAR 1001.670–3, insert the following clause:

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Contracting Officer’s Technical Representative (COTR) Designation and Authority
(MAR 2002)
(a) The contracting officer’s technical
representative is llllllllllllll
[insert name, address and telephone number].
(b) Performance of work under this contract is subject to the technical direction of
the COTR identified above, or a representative designated in writing. The term ‘‘technical direction’’ includes, without limitation, direction to the contractor that directs
or redirects the labor effort, shifts the work
between work areas or locations, and/or fills
in details and otherwise serves to ensure
that tasks outlined in the work statement
are accomplished satisfactorily.
(c) Technical direction must be within the
scope of the contract specification(s)/work
statement. The COTR does not have authority to issue technical direction that:

(1) Constitutes a change of assignment or
additional work outside the contract specification(s)/work statement;
(2) Constitutes a change as defined in the
clause entitled ‘‘Changes’’;
(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;
(4) Changes any of the terms, conditions,
or specification(s)/work statement of the
contract;
(5) Interferes with the contractor’s right to
perform under the terms and conditions of
the contract; or,
(6) Directs, supervises or otherwise controls the actions of the contractor’s employees.
(d) Technical direction may be oral or in
writing. The COTR must confirm oral direction in writing within five workdays, with a
copy to the contracting officer.
(e) The contractor must proceed promptly
with performance resulting from the technical direction issued by the COTR. In the
opinion of the contractor, if any direction of
the COTR or the designated representative
falls within the limitations of (c) above, the
contractor must immediately notify the contracting officer no later than the beginning
of the next Government work day.
(f) Failure of the contractor and the contracting officer to agree that technical direction is within the scope of the contract will
be subject to the terms of the clause entitled
‘‘Disputes.’’

(End of clause)
1052.219–18 Notification of Competition Limited to Eligible 8(a) Concerns—Alternate III (Deviation).
In accordance with DTAR 1019.811–
3(d)(3), substitute the following for
paragraph (c) in FAR 52.219–18:
(c) Any award resulting from this solicitation will be made directly by the contracting
officer to the successful 8(a) offeror selected
through the evaluation criteria set forth in
this solicitation.

1052.219–70
ing.

SF 294 and SF 295 Report-

Per DTAR 1019.708–70(a), insert the
following clause:
SF 294 and SF 295 Reporting (MAR 2002)
In accordance with the clause entitled
‘‘Small, Small Disadvantaged and WomenOwned Small Business Subcontracting Plan’’
in Section I and the contract schedule, SF

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1052.219–71

48 CFR Ch. 10 (10–1–07 Edition)

294 and SF 295 reports must be submitted to
the following personnel:
Addressee

Submit SF 294

Contracting Officer (Address shown on front of contract) ................................................
Small Business Specialist [Insert Bureau name and address] .........................................
Department of the Treasury Office of Small Business Development (MMD) 1500 Pennsylvania Avenue, NW c/o 1310 G St., NW, Suite 400W Washington, DC 20220.

Original ................
Copy ....................
N/A ......................

(End of clause)
1052.219–71 Subcontracting Plan.
As prescribed in DTAR 1019.708–70(b),
insert the following provision:
Subcontracting Plan (MAR 2002)
As part of its initial proposal, each large
business offeror must submit a contracting
plan, as prescribed in FAR 52.219–9. Use of
the subcontracting plan outlined containe in
Section J of this solicitation is optional;
however, plans must contain all elements included in the outline.

(End of provision)
1052.219–72 Section
8(a)
Direct
Awards.
As prescribed in DTAR 1019.811–3(f),
insert the following clause:

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Section 8(A) Direct Awards (MAR 2002)
(a) This purchase order or contract is
issued as a direct award between the contracting activity and the 8(a) contractor pursuant to the Memorandum of Understanding
between the Small Business Administration
(SBA) and the Department of the Treasury.
SBA retains responsibility for 8(a) certification, 8(a) eligibility determinations and
related issues, and provides counseling and
assistance to the 8(a) contractor under the
8(a) program. The cognizant SBA district office is: [To be completed by the contracting
officer at the time of award]
(b) The contracting officer is responsible
for administering the purchase order or contact and taking any action on behalf of the
Government under the terms and conditions
of the purchase order or contract. However,
the contracting officer shall give advance
notice to the SBA before it issues a final notice terminating performance, either in
whole or in part, under the purchase order or
contract. The contracting officer shall also
coordinate with SBA prior to processing any
novation agreement. The contracting officer
may assign contract administration functions to a contract administration office.
(c) The contractor agrees:
(1) To notify the contracting officer, simultaneously with its notification to SBA (as

Submit SF 295
Original.
Copy.
Copy.

required by SBA’s 8(a) regulations), when the
owner(s) upon whom 8(a) eligibility is based,
plan to relinquish ownership or control of
the concern. Consistent with 15 U.S.C.
637(a)21), transfer of ownership or control
must result in termination of the contract
for convenience, unless SBA waives the requirement for termination prior to the actual relinquishing of control; and
(2) To adhere to the requirements of FAR
52.219–14, Limitations on Subcontracting.

(End of clause)
1052.219–73 Department of the Treasury Mentor-Prote´ge´ Program.
As described in DTAR 1019.202–70, insert the following provision:
Department of the Treasury Mentor-Prote´ge´
Program (JAN 2000)
(a) Large and small businesses are encouraged to participate in the Department of the
Treasury Mentor-Prote´ge´ Program. Mentor
firms provide small business prote´ge´ with developmental assistance to enhance their capabilities and ability to obtain federal contracts.
Mentor firms are large prime contractors
or eligible small businesses capable of providing developmental assistance. Prote´ge´
firms are small businesses as defined in 13
CFR parts 121, 124, and 126.
Developmental assistance is technical,
managerial, financial, and other mutually
beneficial assistance to aid prote´ge´s. Contractors interested in participating in the
Program are encouraged to contact the Department of the Treasury OSBD or the Bureau of the OSBD for further information.

(End of provision)
1052.219–74

[Reserved]

1052.219–75 Mentor Requirements and
Evaluation.
As prescribed in DTAR 1019.202–70, insert the following clause:

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Department of the Treasury

1052.219–75

Mentor Requirements and Evaluation (JAN
2000)

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(a) Mentor and prote´ge´ firms shall submit
an evaluation to the Department of the
Treasury’s OSBD at the conclusion of the
mutally agreed upon Program period, or the
voluntary withdrawal by either party from
the Program, whichever occurs first. At the
conclusion of each year in the MentorProte´ge´ Program, the prime contractor and
prote´ge´ will formally brief the Department
of the Treasury Mentor-Prote´ge´ Program

Manager regarding program accomplishments under their mentor-prote´ge´ agreements.
(b) A mentor or prote´ge´ must notify the
OSBD and the contracting officer, in writing,
at least 30 calendar days in advance of the effective date of the firm’s withdrawal from
the Program. A mentor firm must notify the
OSBD and the contracting officer upon receipt of a prote´ge´’s notice of withdrawal
from the Program.

(End of clause)

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