The Code of Federal Regulations of the United States of America

The classification codes to be shown in synopses messages, as required by § 11.1003-7(b) (4) for proposed procurements and § 1-1.1004-1(b) (3) for contract awards, shall be in accordance with this § 1-1.1005. Services (including construction and experimental, developmental, test, and research work) shall be coded with the applicable letter code set forth in § 1-1.1005-1. Supplies shall be coded with the applicable two-digit numerical code set forth in § 1-1.1005-2. § 1-1.1005-1 Codes for services.

The code letters to be used for services are as follows:

Code

Description of Services

A Experimental, Developmental, Test, and Research Work (research includes both basic and applied research).

J Maintenance and Repair of Equipment. Modification, Alteration, and Rebuilding of Equipment. Technical Representative Services (Example: Services of technical specialists required to advise and assist with respect to the installation, checking, operation, and maintenance of complex equipment).

M Operation and Maintenance of Government-Owned Facility.

N Installation of Equipment (use code K if the procurement also involves modification, alteration, or rebuilding of the equipment).

P Salvage Services (services required to salvage property of any kind).

Examples:

Lease of ADP or EAM equipment. Lease of earth-moving equipment. Construction (includes construction, alteration, and repair of buildings, structures, and other improvements to real property, including roads, bridges, tunnels, sewers, power lines, railways, docks, levees, and canals). Z Miscellaneous (includes services which do not fall within any of the above).

§ 1-1.1005-2 Codes for supplies.

The two-digit code numbers to be used for supplies are as set forth below. The numbers and descriptions used are the same as the 76 assigned commodity groups of the Federal Supply Classification system as shown in the Cataloging Handbook, H 2-1, Federal Supply Classification, Part 1, Groups and Classes. This handbook, together with Cataloging Handbooks H 2-2 (Numeric Index of Classes) and H 2-3 (Alphabetic Index), will be helpful in determining the proper code to be assigned to supply items in synopses messages. These handbooks may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. Code Description of Supplies

Weapons.

Nuclear Ordnance.

Fire Control Equipment.

Ammunition and Explosives.

14 Guided Missiles.

15 Aircraft; and Airframe Structural Com

Laundry and dry cleaning services.

Custodial-janitorial service.

Insect and rodent control.

Packing and crating.

Garbage and trash collection.

ponents.

Food service.

Fueling service.

Fire protection.

Ground Handling Equipment.

Building and grounds maintenance.

18 Space Vehicles.

Care of remains-funeral services.

Guard services.

T Photographic, Mapping, Printing, and Publication Services

ing Docks.

Examples:

Film processing.

Cataloging.

Motor Vehicles, Trailers, and Cycles. Tractors.

Vehicular Equipment Components.

Charting.

Reproduction.

Technical writing.

Art.

Printing.

Ores, Minerals, and Their Primary Products.

99 Miscellaneous.

Subpart 1-1.11-Qualified Products § 1-1.1101 Procurement of qualified products.

(a) Whenever qualified products are to be procured only bids or proposals offering products which have been qualified prior to the opening of advertised bids or the award of negotiated contracts shall be considered in making an award. Manufacturers having products which have been qualified but which are not yet included on the qualified products list involved, should be given consideration and an opportunity to offer evidence of such qualification in the time interval before award must be made. (Other instructions concerning establishment of qualified products lists, qualification of products, etc., are contained in General Services Administration Regulation 1-VI, Part 2.)

(b) Whenever procurement of qualified products is to be made by formal advertising, the following provision shall be inserted in invitations for bids:

QUALIFIED PRODUCTS

With respect to products described in this invitation as requiring qualification, awards will be made only for such products as have, prior to the time set for opening of bids, been tested and approved for inclusion in the qualified products list identified below. Manufacturers who wish to have a product tested for qualification are urged to communicate with the officer designated below. Manufacturers having products not yet listed, but which have been qualified, are requested to submit evidence of such qualification with their bids, so that they may be given consideration.

[Identify the Qualified Products List involved and give the name and address of the office with which manufacturers should communicate.]

(c) The provision in § 1-1.1101(b) shall be appropriately modified and used in requests for proposals when procurement of qualified products is to be made by negotiation.

Live Animals.

(a) This Subpart 1-1.16, developed cooperatively with the Department of Justice, prescribes procedures for submitting reports to the Attorney General in accordance with Executive Order No. 10936 of April 24, 1961 (3 CFR, 19591963 Comp., pp. 466-468), when identical bids are received in connection with the procurement of personal property or nonpersonal services (including construction).

(b) The purpose of the Executive order is to discourage identical bidding; to reduce the costs of the Government; to aid in the enforcement of the antitrust laws and the maintenance of a competitive economy; and to provide the Attorney General such information as may tend to establish the presence of a conspiracy in restraint of trade and which may warrant further investigation with a view to preferring civil or criminal charges.

(c) The reports required by this subpart are in addition to and are not to be considered as satisfying the requirements of Subpart 1-1.9 for reporting cases of possible antitrust law violations to the Attorney General.

As used in this Subpart 1-1.16, the following terms shall have the meanings set forth:

(a) "Identical bids" means two or more bids for the same line item which:

(1) Are identical on their face (disregarding the application of evaluation factors such as discount and transportation cost) as to unit price or total line item amount; or

(2) Are found, in the normal process of evaluating bids for award, to be identical as to unit price or total line item amount. (Line item evaluation computations beyond those normally made to determine the low acceptable bidder are not required.)

(b) "Line item" means a procurement item (as defined in § 1-1.220) specified in an invitation for bids which, under the terms of the invitation, is susceptible to a separate contract award.

(c) "Bid value" means the dollar amount computed by multiplying the line item quantity specified in the invitation for bids by the lowest unit price bid for the line item. Where a line item quan

99-187-69

tity is not specified in the invitation, as in the case of requirements type or indefinite quantity type contracts, the bid value of the line item is the dollar amount computed by multiplying the estimated line item quantity by the lowest unit price bid for the line item.

§ 1-1.1603

Reporting requirements.

§ 1-1.1603-1 Cases to be reported.

(a) A report shall be submitted by executive agencies to the Attorney General as provided in this § 1-1.1603 whenever (1) the total bid value of all line items covered by an invitation for bids issued under formal advertising procedures, or under small business restricted advertising procedures (see § 1-1.701-9), exceeds $10,000, and (2) identical bids have been received on at least one line item having a bid value of more than $2,500. However, a report will not be submitted where bids are received only from foreign sources in response to invitations for bids requiring delivery and performance outside the United States, its possessions, and the Commonwealth of Puerto Rico.

(b) Reports are required on reportable identical bids regardless of whether an award is made on the line item, the invitation is canceled, or some other disposition is made after bid opening. Line items on which identical bids are received are not reportable if the bid value of the line item is $2,500 or less. Likewise, line items on which no identical bids are received are not reportable. § 1-1.1603-2 Preparation of reports

(a) Identical bid reports shall be made on U.S. Department of Justice Form DJ1500, Identical Bid Report for Procurement (for illustration of the form, see § 1-16.903-DJ1500). Form DJ-1500 is available in pads of 100 at General Services Administration supply depots (Federal Stock No. 7540-823-7870). Instructions for filling out the form are printed on the cover of each pad of forms.

(b) All bids on each line item on which reportable identical bids are received shall be shown on the report whether or not the identical bids were the low bids. § 1-1.1603-3 Submission of reports.

(a) Identical bid reports shall be sent to the Attorney General within 20 days following the disposition of all bids received in response to the invitation for bids, whether by the awarding of one or more contracts or other action.

(b) Two completed copies of each identical bid report, together with one copy of the invitation for bids and one copy of the completed abstract of bids, shall be sent to the Attorney General, Ref. AT-IBR, Washington, D.C. 20530. When the number of line items on an invitation exceeds 100, a copy of the abstract of bids need not be furnished. In such cases, however, the identical bid report shall be annotated to indicate the number of line items and the number of bidders on the invitation.

§ 1-1.1604

Supplemental requests by Attorney General.

The Attorney General may, from time to time, request such supplemental information with respect to identical bid reports submitted to him as he may deem necessary for effective enforcement of antitrust laws.

§ 1-1.1605 Information to be obtained from bidders.

§ 1-1.1605-1 Invitation for bids provision.

A provision substantially as follows shall be inserted in all invitations for bids for the procurement of personal property or nonpersonal services (including construction) under either formal advertising procedures or small business restricted advertising procedures where it is estimated that the total bid value of all line items covered by the invitation may exceed $10,000: PARENT COMPANY AND EMPLOYER IDENTIFICATION NUMBER

Each bidder shall furnish the following information by filling in the appropriate blocks:

(a) Is the bidder owned or controlled by a parent company as described below? Yes No

(For the purpose of this bid, a parent company is defined as one which either owns or controls the activities and basic business policies of the bidder. To own another company means the parent company must own at least a majority (more than 50 percent) of the voting rights in that company. To control another company, such ownership is not required; if another company is able to formulate, determine, or veto basic business policy decisions of the bidder, such other company is considered the parent company of the bidder. This control may be exercised through the use of dominant minority voting rights, use of proxy voting, contractual arrangements, or otherwise.)

(b) If the answer to (a) above is "Yes," bidder shall insert in the space below the name and main office address of the parent company.

(Name)

(Address)

(c) Bidder shall insert in the applicable space below, if he has no parent company, his own employer's identification number E.I. No.) (Federal social security number used on employer's quarterly Federal tax return, U.S. Treasury Department Form 941), or, if he has a parent company, the E.I. No. of his parent company.

Bidder's E.I. No.

Farent Company's E.I. No.

§ 1-1.1605-2 Failure to provide information.

(a) If a bid does not contain the information called for by the invitation for bids provision in § 1-1.1605-1 and an identical bid report is required under § 1-1.1603-1, one inquiry shall be made of the bidder in an effort to obtain the information. If the information is not available after inquiry, the identical bid report shall be annotated so to indicate.

(b) Failure to provide information concerning employer identification number or parent company relationship shall not be considered a basis for rejection of bids.

Subpart 1-1.17 [Reserved] Subpart 1-1.18-Postaward Orientation of Contractors

SOURCE: The provisions of this Subpart 1-1.18 appear at 31 F.R. 12437, Sept. 20, 1966, unless otherwise noted.

§ 1-1.1800 Scope of subpart.

The subpart prescribes policies and procedures regarding the postaward orientation of contractors performing contracts and subcontracts for supplies and services (except construction). § 1-1.1801

[Reserved]

§ 1-1.1802 Policy.

(a) When it is determined after contract award that the contractor does not or may not have a clear understanding of the scope of the contract, of its technical requirements, or of the rights and obligations of the parties, postaward orientation conferences may be employed (see § 1-1.1803) in order to clarify these matters. Where less complex contracts are involved, simpler means may be used, such as a letter to the contractor (see

§ 1-1.1806). Postaward orientation of subcontractors also may be employed (see § 1-1.1804).

(b) However, a postaward orientation conference may not be used in substitution for affirmative preaward determinations as to a bidder's responsibility, e.g., as to his willingness and ability to comply with the equal employment opportunity requirements (see §§ 1-1.310-5(a) (5) and 1-1.310-6).

§ 1-1.1803 Postaward orientation conferences.

§ 1-1.1803-1 Factors.

In selecting contracts for postaward orientation, the selection should include consideration of the following factors:

(a) Nature and extent of the preaward survey and any prior discussions had with the contractor;

(b) Technical complexity of the item or service;

(d) Urgency of the delivery schedule; (e) Length of the planned production cycle;

(f) Past performance of the contractor;

(g) Procurement history of the item or service;

(h) Type and value of the contract;

(i) Requirements for spare parts or related equipment;

(j) Contractor's experience with the agency's contracts, or with the item or service being procured;

(k) Extent of subcontracting; and (1) Safety precautions required for hazardous materials or operations. § 1-1.1803-2 Initial action.

(a) The need for a postaward orientation conference normally will be established by the contracting officer or the head of the office in charge of contract administration as a result of substantive review and analysis of the contract and related reports. It is desirable for interested Government personnel to hold a meeting prior to the conference to assure that an appropriate and coordinated Government position is developed regarding indicated questions and problems.

(b) An orientation conference should be held, as soon as possible after the contract award, when analysis of the contract or other information indicates that existing or potential problems may

adversely affect the performance of the contract. The official who determines that a postaward orientation conference is needed should normally make all necessary arrangements to:

(1) Conduct a preliminary meeting of Government personnel;

(2) Establish the time and place of the orientation conference;

(3) Prepare an agenda or checklist;
(4) Notify all participants;

(5) Designate a conference chairman (this should be the contracting officer if he will be a participant; and

(6) Prepare a summary report of the conference, when necessary. When the contracting officer initiates the request for a conference, the arrangements referred to in this paragraph may be made by him or, at his request, by the office in charge of administration.

§ 1-1.1803-3 Agenda.

The agenda of or checklist for an orientation conference may include such matters as:

(a) Special contractual provisions; (b) Clarification of specifications and other work requirements;

(d) Furnishing and control of Government property;

(e) Billing and payment procedures; (f) Reporting requirements;

(g) Processing of engineering changes and change orders;

(h) Quality control and testing requirements;

(i) Requirements for spare parts or related equipment;

(j) Packaging and shipping;
(k) Subcontract consent;

(1) Prime contractor responsibility for subcontracts;

(m) Allowability of cost determinations;

(n) Incentive features;

(0) Security requirements;

(p) Progress target dates; and

(q) Major problem areas or other appropriate topics.

§ 1-1.1803-4 Participants.

It is essential that all parties involved in the execution, administration, and performance of a Government contract have a clear and mutual understanding of the scope of the contract, the technical requirements, and the rights and obligations of the parties. Participants in a postaward orientation conference may include, as appropriate, the contracting

« Previous Continue »

Books