PART 913-SMALL PURCHASES AND SIMPLIFIED PURCHASE

OTHER PROCEDURES

Sec.

Subpart 913.3—Fast Payment Procedure

913.301 General.

Subpart 913.4-Imprest Funds

913.403 Agency responsibilities.

Subpart 913.5-Purchase Orders

913.505-1 Optional Form (OF) 347, Order for Supplies or Services, and Optional Form 348, Order for Supplies or Services Schedule-Continuation.

913.505-3 Standard Form (SF) 44, Purchase Order Invoice-Voucher

AUTHORITY: 42 U.S.C. 7254; 40 U.S.C.

486(c).

Subpart 913.3-Fast Payment Procedure

913.301 General.

The fast payment procedure delineated in FAR Subpart 13.3 is not to be utilized by DOE.

[49 FR 11954, Mar. 28, 1984]

Subpart 913.4-Imprest Funds

913.403 Agency responsibilities.

(d) If imprest funds are to be used, the HCA shall issue detailed procedures for the control of such funds. [49 FR 11954, Mar. 28, 1984]

Subpart 913.5-Purchase Orders 913.505-1 Optional Form (OF) 347, Order for Supplies or Services, and Optional Form 348, Order for Supplies or Services Schedule-Continuation.

(a)(2) Optional Forms 347 and 348 shall be used for purchase orders using small purchase procedures. The form shall not be used as the contractor's invoice.

(b)(2) An addendum of applicable clauses, including DOE Clause Set 319 which is provided to contracting activi

ties by the Office of Policy, Procurement and Assistant Management Directorate, shall be used with each Optional Form 347.

[52 FR 38423, Oct. 16, 1987]

913.505-3 Standard Form (SF) 44, Purchase Order Invoice-Voucher.

(b)(1) Where necessary, the HCA or designee may authorize personnel to use the SF 44 to make small purchases under $1000.

(d)(1) HCA's shall ensure that local procedures are issued which provide adequate safeguards regarding the use of this type of small purchase method, control of forms, the designation of employees authorized to use SF-44's, and accounting for purchases.

(d)(2) Employees authorized to use Standard Form (SF) 44's are responsible for books of SF 44's issued to them. They are also responsible, when purchasing an item, for assuring that funds are available for the purchase, the form is properly processed, and purchases are limited to those items not prohibited by law or regulation. [54 FR 27646, June 30, 1989]

Sec.

Subpart 914.5—Two-Step Sealed Bidding

914.502 Conditions for use.

AUTHORITY: 42 U.S.C. 7254; 40 U.S.C.

486(c).

SOURCE: 49 FR 11954, Mar. 28, 1984, unless otherwise noted.

Subpart 914.2—Solicitation of Bids

914.201-5 Part IV-Representations and instructions.

(a) Section K, Representations, certifications, and other statements of bidders. (1) The further simplified representations and certifications technique discussed at 915.406-5 is not to be used in acquisitions conducted under sealed bid procedures except that a bidder who has already had its recurrent representations and certifications placed on record may be allowed to certify that they are accurate and current as part of its simplified representations and certifications. The solicitation provision at 952.215-72 shall be used in sealed bid solicitations.

(b) Include the solicitation provision at 952.215-70 if the resulting contract will contain any of the clauses referenced therein.

[49 FR 11954, Mar. 28, 1984, as amended at 50 FR 35959, Sept. 4, 1985]

914.201-70 Preparation of invitations for bids.

When an option is to be employed, the option quantity should be for an amount which bears a reasonable relationship to the initial firm quantity amount. For procedures to be used in setting the option quantity, see FAR 17.2.

Subpart 914.4-Opening of Bids and Award of Contract

914.401 Receipt and safeguarding of bids.

(c) Envelopes, or other outer covering, containing identified bids shall be time-stamped (indicating the place, date, and time of receipt) upon receipt, either in a mail room or other receiving point at the address specified in the invitation.

914.402-1 Unclassified bids.

(d) At the bid opening, the relative merits of any bid shall not be discussed by the person opening the bids or the contracting officer, with the bidders, their representatives, or with casual observers. No statements shall be issued by the bid opener or the contracting officer at a bid opening bearing on the award, the possibility of a readvertisement, mistakes in bids, etc. 914.404-1 Cancellation of invitations after opening.

(c) The Procurement Executive has been delegated authority to make the determination under FAR 14.404-1(c) and (e) and has redelegated this authority to the Heads of Contracting Activities without power of redelegation.

[50 FR 12184, Mar. 27, 1985]

914.406 Mistakes in bids.

914.406-3 Other mistakes disclosed before award.

(e) Pursuant to FAR 14.406-3(e), the Procurement Executive, has been delegated authority by the Secretary to make the determinations under FAR 14.406-3. In the case of mistakes in bids alleged after opening of bids and before award, the Procurement Executive has redelegated this authority to Heads of Contracting Activities without power of redelegation and to make administrative determinations regarding withdrawal of bids as provided for in paragraphs (a) and (c) of FAR 14.406-3, providing that each such determination shall be approved by Legal Counsel.

914.406-4 Mistakes after award.

The Procurement Executive has been delegated authority to make the determinations under FAR 14.406-4. Mistakes in bids after award, together with the data set forth in FAR 14.4064(e), shall be submitted to the Procurement Executive for decision.

914.407-8 Protests against award.

(a) General. Protests must be received within ten working days after the basis for protest is known or should have been known except that

contents are specified in paragraph (a)(4) below.

(i) Part I-Simplified Representations and Certifications. When issuing negotiated competitive solicitations, DOE will request only submission of Part I-Simplified Representations and Certifications with each proposal. Part I is required as an administrative convenience for both Government and offeror personnel. It contains certain basic information which is neccessary for Government consideration prior to selection, such as who to contact for discussions and business size information which would be necessary to assure responsiveness should the solicitation be a small business set-aside. It also contains information of mutual administrative convenience such as the indication that recurrent representations and certifications have already been placed on record with the contracting office and that they remain current and correct.

(ii) Part II-Recurrent Representations and Certifications. Recurrent representations and certifications generally apply to all contracts which DOE awards and in the past have been submitted in a repetitious manner by all offerors. Under this approach, however, DOE will request Part II only from the source selected for award unless special circumstances pertain and approval of a different approach has been granted at a level above the contracting officer in accordance with paragraph (a)(5) below. See 914.2015(a)(1) when sealed bids are to be solicited.

(iii) Part III-Additional Representations and Certifications. When required by a particular contractual situation, DOE will request only those pertinent additional representations and certifications from the source selected for award. Paragraph (a)(5) below concerning special circumstances also can be applied to those representations and certifications.

(3) Procedures. Each contracting office shall establish a central repository for maintenance of recurrent representations and certifications and assure that record copies are placed in the repository for reference as may be required. The recurrent representations and certifications shall be re

viewed for completeness and acceptability prior to placing them on record. If acceptable, the contracting officer shall furnish a notice advising the offeror of this fact and then place the recurrent representations and certifications on record in the central repository established for that contracting activity pursuant to local procedures. A serial number and expiration date for each recurrent representations and certifications shall be included in the notice. The serial number shall consist of the two digit office identification number associated with the Procurement and Assistance Data System, the fiscal year and a sequentially assigned identification number, e.g., the first representation placed on record by the San Francisco office in FY86 would be numbered 03-86-1. The expiration date shall be the date three years after the date of an affirmative decision that the recurrent representations and certifications are acceptable. Local procedures shall identify the individual or office responsible for maintenance of the repository. When requesting recurrent representations and certifications, a solicitation document shall allow check blocks to indicate if an individual representation is not applicable to the offeror. Such procedures shall also provide guidance for contracting offices under the contracting activity's authority. Generally, each office will be expected to maintain its own repository.

(4) Contents. Contracting activities shall include, at Section K of the solicitation, a requirement that the Part I Simplified Representations and Certifications be submitted with each proposal and identify which, if any, of the additional representations and certifications are required and whether they must be submitted with the proposal or may be deferred until time of selection. The categories of representations and certifications consist of the following:

(i) Part I-Simplified Representations and Certifications.

(A) The offeror or bidder certifies:

(1) It is () a Corporation, incorporated in the state of -——; ( ) an individual; ( ) a partnership; (~~) a nonprofit or educational institution; or ( ) a state or local government; and,

(2) It is (), is not ( ), a small business; is (), is not ( ), a small and disadvantaged business; is ( ), is not ( ), a women-owned small business; and it is (), is not ( ) a labor surplus area concern.

(3) Any end product to be furnished is (), is not ( ) a domestic end product. See FAR 52.225–3.

(4) Its Data Universal Numbering System (DUNS) establishment number is:

(B) The offeror certifies that the appropriate cost accounting standards coverage, if any, for any resulting contract is:

NOTE: The penalty for false statements of offers is prescribed in 18 U.S.C. 1001.

(ii) Part II-Recurrent Representations and Certifications.

(A) Certificate of Independent Price Determination FAR 52.203-2.

(B) Contingent Fee Representation and Agreement FAR 52.203-4.

(C) Parent Company and Identifying Data FAR 52.214-8.

(D) Place of Performance-Sealed Bidding FAR 52.214-14 or for negotiation, Place of Performance, FAR 52.215-20.

(E) Walsh-Healey Public Contracts Act Representation FAR 52.222-19 (need be completed only for contracts for the manufacture or furnishing of supplies to be performed in the United States and which exceed $10,000).

(F) Certification of Nonsegregated Facilities FAR 52.222-21.

(G) Previous Contracts and Compliance Reports FAR 52.222-22.

(H) Affirmative Action Compliance FAR 52.222-25 (not applicable to construction contracts).

(I) Clean Air and Water Certification FAR 52.223-1.

(iii) Part III-Additional Representations and Certifications. (Request only those applicable to a particular acquisition.)

(A) Foreign Ownership, Control, or Influence (Representation) 952.204-73. (B) Jewel Bearings and Related Items Certificate FAR 52.208-2.

(C) Organizational Conflicts of Interest-Disclosure or Representation 952.209-70.

(D) Recovered Material Certification FAR 52.223-4.

(E) Balance of Payments Program Certificate FAR 52.225-6.

(F) Cost Accounting Standards Notices and Certification FAR 52.230-1, or FAR 52.230-2.

(G) Technical Data Certification 952.227-80.

(H) Royalty Payments Certification 952.227-81.

(5) Special Circumstances. Contracting personnel may, in special circumstances, depart from the procedures specified in paragraph (a)(2) of this section. For example, contracting personnel may request recurrent and/or additional representations and certifi

protests based upon alleged improprieties in any type of solicitation which are apparent prior to bid opening or the closing date for receipt of initial proposals shall be filed prior to bid opening or the closing date for receipt of initial proposals.

(b) Protests before award.

(3) The Head of the Contracting Activity or designee shall obtain, through the Office of Procurement Review, Headquarters, approval of the Procurement Executive to make an award where a protest has been submitted to either the DOE or to the Comptroller General.

914.407-70 Protest authorities.

(a) The Procurement Executive has the authority and responsibility for processing, reviewing, and providing to the General Accounting Office (GAO) all information relevant to a protest filed with GAO and otherwise representing DOE in all matters relating to such protests. In the case of protests filed with DOE Headquarters, the Procurement Executive shall decide such protests. The authorities and responsibilities concerning GAO protests have been delegated to the Director, Business Clearance Division, Office of Procurement Review, Headquarters.

(b) The Head of the Contracting Activity (HCA) shall decide all agency protests made to the contracting activity, with the following exceptions:

(1) The HCA is the signatory contracting officer; or

(2) Prior to making final disposition of the protest, the action is protested to GAO or DOE Headquarters; or

(3) The HCA finds that the issues raised have the potential for significant impact on DOE acquisition policy or the accomplishment of programmatic requirements.

(c) If a protest is filed with the Contracting Activity, and a decision is made by the Head of the Contracting Activity, the agency will not entertain a protest to the Procurement Executive.

[49 FR 11954, Mar. 28, 1984; 49 FR 38950, Oct. 2, 1984]

914.408-2 Award of classified contracts.

DOE regulations regarding the safeguarding of restricted data and proce