Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and state level but only in connections with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Surveying activity, as used in this subpart, means the cognizant contract administration office or, if there is no such office, another organization designated by the agency to conduct preaward surveys.
[48 FR 42142, Sept. 19, 1983, as amended at 66 FR 2128, Jan. 10, 2001; 75 FR 14065, Mar. 23, 2010]
Notes of Decisions
CRC Marine Servs., Inc. v. United States, 41 Fed. Cl. 66 (Fed. Cl. 1998).
“” 48 C.F.R. § 9.101 . It "is normally required only when the information on hand or readily available to the contracting officer, including information from commercial sources, is not sufficient to make a determination regarding responsibility.”
Cavalier Clothes, Inc. v. The United States, 810 F.2d 1108 (Fed. Cir. 1987).
“” 48 C.F.R. § 9.101 (1985). 4 . 15 U.S.C. § 634 (b) (1982) states in pertinent part as follows: In the performance of, and with respect to, the functions, powers, and duties vested in him by this chapter the Administrator [of the Small Business Administration] may— (1) sue and…”
Howard Cooper Corp. v. United States, 763 F. Supp. 829 (E.D. Va. 1991).
“” 48 C.F.R. § 9.101 (1990). The survey is performed to determine whether a proposed contractor has "adequate financial resources to perform the contract[,] .”
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