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into Government contracts, or (2) oth- rotating a list, the interests of small erwise determined to be ineligible to business (see § 1-1.702(b)(2)) and the receive an award of a Government existence of labor surplus areas (see contract, shall be removed from the $ 1-1.802-2(e)) shall be considered. bidders mailing lists to the extent re. Whenever the rotation method is emquired by such debarment or determi- ployed, the successful bidder on the nation of ineligibility.

previous procurement for the same or

similar items and those prospective [29 FR 10141, July 24, 1964, as amended at 40 FR 2811, Jan. 16, 1975)

suppliers who have been added to the

bidders mailing list since the last pro8 1-2.205-3 Reinstatement on bidders

curement shall be solicited, in addition mailing lists.

to those bidders comprising that seg.

ment of the list selected for use in a Concerns which have been removed

particular procurement, except where from bidders mailing lists may be rein

such action would be precluded by use stated upon written request, by filing

of the small business total set-aside a new application on Standard Form

portion. 129, by the submission of a bona fide

(c) Pre-invitation notices. In lieu of bid, or by requesting an invitation for

initially forwarding complete bid sets, bids (after publication in the Com

the procuring activity may send premerce Business Daily) in accordance

invitation notices to concerns on the with § 1-2.203-4, above. No concern

mailing list. The notice shall (1) speciwhich is debarred or suspended shall

fy the date by which bidders should be reinstated during the period of de

return the notice in order to receive a barment or while suspended.

complete bid set, (2) describe the re[40 FR 2811, Jan. 16, 1975)

quirement so as to furnish a complete

item description and a condensation of § 1-2.205-4 Excessively long bidders mail. other essential information to provide ing lists.

concerns with an intelligible basis for (a) General. To prevent excessive ad

judging whether they have an interest ministrative costs of a procurement,

in the procurement, and (3) expressly mailing lists should be used in a way

notify concerns that if no bid is to be which will promote competition com

submitted they should advise the issumensurate with the dollar value of the

ing office in writing if future invitapurchase to be made. As much of the

tions are desired for the type of supmailing list will be used as is compati

plies or services involved. Drawings, ble with efficiency and economy in se

plans, and specifications normally will curing adequate competition as re

not be furnished with the pre-invitaquired by law. Where the number of

tion notice. The return date of the bidders on a mailing list is considered

notice must be sufficiently in advance excessive in relation to a specific pro

of the mailing date of the invitation curement, the list may be reduced by

for bids to permit an accurate estimate any method consistent with the fore

of the number of bid sets required. Bid going, including those described in

sets will be sent to concerns which reparagraphs (b) and (c) of this section.

quest them. This procedure is particuThe fact that less than an entire mail

larly suitable to major procuring activing list is used shall not in itself pre

ities where lengthy invitations for bids clude furnishing of bidding sets to

and long bidders lists are common. others upon request therefor, or con- (29 FR 10146, July 24, 1964, as amended at sideration of bids received from bid 29 FR 18477, Dec. 29, 1964) ders who were not invited to bid.

(b) Rotation of lists. Mailing lists § 1-2.205-5 Release of bidders mailing may be rotated, but to do so will re

lists. quire considerable judgment as to (a) (Reserved) whether the size of the transaction (b) When invitations for bids for justifies the rotation. Consideration construction contracts have been also should be given as to whether issued, trade journals, prospective subtime permits utilization of the pre-in contractors, material suppliers, and vitation notice (see § 1-2.205-4(c)). In others having a bona fide interest in

such information, may be supplied, ders, as an amendment to the invitaupon request, with a list of all prospec- tion, if such information is necessary tive bidders furnished copies of the to bidders in submitting bids on the inplans and specifications.

vitation or if the lack of such informa

tion would be prejudicial to unin$ 1-2.206 Small business and labor surplus formed bidders. No award shall be area set-asides.

made on the invitation unless such See Subparts 1-1.7 and 1-1.8.

amendment has been issued in suffi.

cient time to permit all prospective § 1-2.207 Amendment of invitations for bidders to consider such information bids.

in submitting or modifying their bids. (a) If after issuance of invitations for bids but before the time set for

§ 1-2.208 Cancellation of invitations opening of bids it becomes necessary

before opening. to make changes in quantities, specifi- (a) Cancellation of an invitation for cations, delivery schedules, opening bids usually involves the loss of time, dates, etc., or to correct a defective or effort, and money spent by the Govambiguous invitation, such changes ernment and bidders in carrying the shall be accomplished by issuance of procurement process up to the point an amendment to the invitation for of cancellation. Invitations for bids bids. The amendment shall be sent to should not be canceled unless cancellaeach concern to whom the invitation tion is clearly in the public interest, for bids has been furnished and shall such as where there is no longer a rebe displayed in the bid room.

quirement for the material or service (b) Each amendment issued to an in or where amendments to the invitavitation for bid shall:

tion would be of such magnitude that (1) Be serially numbered, using a a new invitation is desirable. Where an separate series of numbers for each in- invitation is canceled, bids which have vitation for bids concerned.

been received shall be returned un(2) Include the number of the invita opened to the bidders and a notice of tion for bids concerned.

cancellation shall be sent to all pros(3) Clearly state the changes made pective bidders to whom invitations in the invitation for bids and the ex for bids were issued. tension of the opening date, if any. If (b) The notice of cancellation shall no extension of the time set for open identify the invitation for bids; briefly ing is involved, the amendment shall

explain the reason the invitation is so state.

being canceled; and, where appropri(4) Include instructions to bidders

ate, assure prospective bidders that for acknowledging receipt of the they will be given an opportunity to amendment and information concern bid on any resolicitation of bids or any ing the effect of failure to acknowl future requirements for the type of edge or return the amendment.

material or services involved. The can(c) Before issuing an amendment to

cellation shall be recorded in accordan invitation for bids, the period of

ance with § 1-2.403. time remaining until the time set for opening and the need for extending $ 1-2.209 Qualified products. this period by postponing the time set

See Subpart 1-1.11. for opening must be considered. Where only a short time remains before the time set for opening, con

Subpart 1-2.3—Submission of Bids sideration should be given to notifying bidders of an extension of time by

§ 1-2.301 Responsiveness of bids. telegraph or telephone. Such notifica- (a) To be considered for award, a bid tion should be confirmed in the must comply in all material respects amendment.

with the invitation for bids so that, (d) Any information given to a pros both as to the method and timeliness pective bidder concerning an invita of submission and as to the substance tion for bids shall be furnished of any resulting contract, all bidders promptly to all other prospective bid. may stand on an equal footing and the

ntegrity of the formal advertising § 1-2.303-3 Mailed bids. ystem may be maintained.

A late bid, modification of bid, or (b) Telegraphic bids shall not be

withdrawal of bid shall be considered onsidered unless permitted by the in

only if the circumstances set forth in itation for bids. The term “tele

the provision in § 1-2.201(a)(31) are apraphic bids" includes bids or propos

plicable. Is submitted by telegram or by mailram.

(38 FR 26914, Sept. 27, 1973) (c) Bids should be filled out, executd, and submitted in accordance with § 1-2.303-4 Telegraphic bids. he instructions which are contained A late telegraphic bid received n the invitation for bids. If a bidder before award shall not be considered ases its own bid form or a letter to

for award, regardless of the cause of submit a bid, the bid may be consid

the late receipt, including delays Ered only if (1) the bidder accepts all

caused by the telegraph company, he terms and conditions of the invita

except for delays due to mishandling cion, and (2) award on the bid would

on the part of the Government in its result in a binding contract, the terms

transmittal to the office designated in and conditions of which do not vary

the invitation for bids for the receipt Erom the terms and conditions of the

of bids, as provided for bids submitted nvitation.

by mail (see § 1-2.303-3). 29 FR 10141, July 24, 1961, as amended at

(38 FR 26914, Sept. 27, 1973) 22 FR 33737, July 1, 1977) 31-2.302 Time of bid submission.

§ 1-2.303-5 Hand-carried bids. Bids shall be submitted so as to be A late hand-carried bid, or any other received in the office designated in the late bid not submitted by mail or teleEnvitation for bids not later than the gram, shall not be considered for exact time set for opening of bids. award. Where telegraphic bids are authorized, 2 telegraphic bid received in such § 1-2.303-6 Notification to late bidders. office by telephone from the receiving

(a) When a late bid is received and it telegraph office not later than the

is clear from available information time set for opening of bids shall be

that under § 1-2.303-2 such late bid considered if such bid is confirmed by

cannot be considered for award, the the telegraph company by sending a

contracting officer, or his authorized copy of the the telegram which

representative, shall promptly notify formed the basis for the telephone

the bidder that it was received late call.

and will not be considered (see also $ 1-2.303 Late bids.

§ 1-2.303-7). However, when a late bid § 1-2.303-1 General.

is transmitted by registered or certi

fied mail and is received before award Bids received at the office designat

but it is not clear from available infored in the invitation for bids after the

mation whether it can be considered, exact time set for opening of bids are

the bidder shall be promptly notified late bids, Late bids shall not be consid

substantially as follows: ered for award except as authorized in this § 1-2.303.

Your bid in response to Invitation for Bids

Number ---, dated ------, was received $ 1-2.303-2 Consideration for award.

after the time for opening specified in the A late bid shall be considered for

Invitation. Accordingly, your bid will not be award only if it is received before

opened or considered for award unless there

is received from you by ------ (date) the award and, (a) if submitted by mail,

original post office receipt for registered or the circumstances outlined in $ 1

certified mail showing a date of mailing not 2.303-3 are applicable, or (b) if submit later than the fifth calendar day prior to ted by telegram (where authorized) the date specified for opening (e.g., a bid the circumstances set forth in § 1- submitted in response to a solicitation re2.303-4 are applicable.

quiring receipt of bids by the 20th of the 133 FR 20041, Dec. 31, 1968)

[blocks in formation]

month must have been mailed by the 15th phoned by the telegraph company) or earlier).

shall be sealed in an envelope by a (b) When a late telegraphic bid is re

proper official who shall write thereon ceived and it is clear from available in the date and time of receipt and by formation that under § 1-2.303-2 such whom, the invitation for bid number, late bid cannot be considered, the con

and his signature. No information contracting officer, or his authorized rep

tained therein shall be disclosed resentative, shall promptly notify the

before the time set for bid opening. bidder that his bid was received late

See § 1-2.401 with respect to the reand will not be considered (see also ceipt and safeguarding of modifica§ 1-2.303-7).

tions.

(b) A bid may be withdrawn in (38 FR 26914, Sept. 27, 1973]

person by a bidder or his authorized § 1-2.303-7 Disposition of late bids.

representative, provided his identity is

made known and he signs a receipt for A late bid which is not for considera

the bid, but only if the withdrawal is tion shall be held unopened until after

prior to the exact time set for opening award and then returned to the bidder of bids. (unless other disposition is requested or agreed to by the bidder). However, $ 1-2.305 Late modifications and with. an unidentified late bid may be drawals. opened solely for purposes of identifi

Modifications of bids and requests cation as provided in § 1-2.401.

for withdrawal of bids which are re§ 1-2.303-8 Records.

ceived in the office designated in the

invitation for bids after the exact time The following shall, if available, be

set for opening are "late modificaincluded in the contracting office files

tions" and "late withdrawals," respecwith respect to each late bid:

tively. A late modification or late with(a) A statement of the date and hour

drawal shall be subject to the rules of mailing or filing.

and procedures applicable to late bids (b) A statement of the date and hour

set forth in § 1-2.303. However, a late of receipt.

modification of the otherwise success(c) The determination of whether or

ful bid shall be opened at any time it not the late bid was considered for

is received; and if in the judgment of award, with supporting facts.

the contracting officer it makes the (d) A statement of the disposition of

terms of the bid more favorable to the the late bid.

Government, it shall be considered. In (e) The envelope, or other covering,

the case of late modifications and late if the late bid was considered for

withdrawals, the notice set forth in award.

$ 1-2.303-6 shall be appropriately § 1-2.304 Modification or withdrawal of mo

modified. bids.

Subpart 1-2.4-Opening of Bids and (a) Bids may be modified or withdrawn by written or telegraphic notice

Award of Contract received in the office designated in the invitation for bids not later than the 81-2

§ 1-2.401 Receipt and safeguarding of exact time set for opening of bids. A

bids. telegraphic modification or withdraw (a) All bids (including modifications) al of a bid received in such office by received prior to the time set for opentelephone from the receiving tele ing shall be kept unopened, except as graph office not later than the time stated in § 1-2.401(b), and secure in a set for opening of bids shall be consid. locked bid box or other locked receptaered if such message is confirmed by cle. Prior to bid opening, information the telegraph company by sending a concerning the identity and number of copy of the written telegram which bids received shall be made available formed the basis for the telephone only to Government employees who call. Modifications received by tele. have a proper need for such informagram (including a record of those tele- tion. When bid samples are submitted, they shall be handled with sufficient § 1-2.404-4 with respect to public discare to prevent disclosure of charac- closure of descriptive literature subteristics before bid opening.

mitted by a bidder on a restrictive (b) Unidentified bids may be opened basis. solely for the purpose of identification and then only by an authorized offi- § 1-2.403 Recording of bids. cial. If a sealed bid is opened by mis The invitation number, bid opening take, the telegram which formed the date, general description of the probasis for the person who opens the bid curement item, names of bidders, will immediately write his signature prices bid, and any other information and position title on the envelope and required for bid evaluation, shall be deliver it to the proper official. This entered in an abstract or record which, official shall immediately write on the except in the case of a classified proenvelope an explanation of the open- curement, shall be available for public ing, the date and time opened, the in- inspection. When the items are too nuvitation for bid number, and his signa merous to warrant the recording of all ture. Bids opened by mistake or for bids completely, an entry shall be identification purposes shall be re made of the invitation number, opensealed in the envelope and no informa

ing date, general description of the tion contained therein shall be dis

procurement items, and the total price closed prior to the public bid opening. bid where definite quantities are in

volved. The record or abstract shall be § 1-2.402 Opening of bids.

completed as soon as practicable after (a) The official designated as the bid the bids have been opened and read. opening officer shall decide when the The bid opening officer shall certify time set for bid opening has arrived the accuracy of the record or abstract. and shall so declare to those present. If the invitation for bids is canceled All bids received prior to the time set before the time set for bid openings, for opening shall then be publicly this fact shall be recorded, together opened and, when practicable, read with a statement of the number of aloud to the persons present, and be concerns invited to bid and the recorded. If it is impracticable to read number of bids received. the entire bid, as where many items are involved, the total amount bid § 1-2.404 Rejection of bids. shall be read, if feasible. The original of each bid shall be carefully safe

§ 1-2.404-1 Cancellation of invitation guarded, particularly until the ab

after opening. stract of bids required by § 1-2.403 has (a) Preservation of the integrity of been made and its accuracy verified the competitive bid system dictates

(b) Performance of the procedure in that, after bids have been opened, $ 1-2.402(a) may be delegated to an as- award must be made to that responsisistant, but the bid opening officer re- ble bidder who submitted the lowest mains fully responsible for the actions responsive bid, unless there is a comof such assistant.

pelling reason to reject all bids and (c) Examination of bids by interest cancel the invitation. Every effort ed persons shall be permitted if it does shall be made to anticipate changes in not interfere unduly with the conduct a requirement prior to the date of of Government business. However, opening and to notify all prospective original bids shall not be allowed to bidders of any resulting modification pass out of the hands of a Govern- or cancellation, thereby permitting ment official unless duplicate copies of bidders to change their bids and presuch bids are not available for public venting unnecessary exposure of bid inspection. In such cases, the original prices. As a general rule, after openbids may be examined by the public ing, an invitation for bids should not only under the immediate supervision be canceled and readvertised due of a Government official and under solely to increased requirements for conditions which preclude possibility the items being procured. Award of a substitution, addition, deletion, or should be made on the initial invitaalteration in the bids. However, see tion for bids and the additional quan

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