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serious performance problems which in- The FAA Contract Appeals Panel is the audicate an inability or unwillingness to thorized representative of the Administrator perform. When such situations develop, in hearing, considering, and deciding such an interim notice in memo form shall be appeals. The rules of the FAA Contract Apsent to the Procurement Services Branch,

peals Panel are set forth in the Code of Fed

eral Regulations (41 CFR 2-60 et seq.). IM–290, who in turn will alert all Agency procurement offices. If the contractor Subpart 2-1.7—Small Business later cures his unsatisfactory perform

Concerns ance or any of the conditions which prompted the submission of the initial § 2-1.700 General. notice, the notice shall be supplemented, The small business program of this stating what action was taken by the Agency shall be conducted as an integral contractor to correct the deficiencies.

part of the Agency's mission. ConsiderThe routing of any supplements shall be

ation will be afforded the small business the same as the initial notice.

program in all phases of procurement to § 2-1.310–50 Master file.

the end that the effectiveness and effi(a) The Procurement Service Branch,

ciency of the procurement mission is not IM-290, of the headquarters Procure

impeded. In the interest of assuring

that the Agency does everything possible ment Division will compile and maintain a file on prospective suppliers to assist

consistent with efficiency and within the contracting officers in determining the

framework of existing law and regula

tion, each procurement office should responsibleness of contractors. The file will contain copies of the following data:

designate a member of its staff to serve (1) Contractor Performance Evalua-,

as a special assistance officer for small

business matters. His tion, FAA Form 3458.

responsibility (2) Determinations of contractor re

would include the procurements of that sponsibleness (including Dun & Brad

office to assure full application of all street reports and other supporting

special considerations and treatment data). (See § 2-1.310–6.)

which may be afforded small business (3) Debarment or ineligibility in

firms by law and regulation both as formation.

Agency prime contractors and sub-con(b) The information in these files will

tractors under Agency contracts. be available for use by all procurement § 2-1.701–1 Small business offices throughout the Agency. Quar

(for Government procurement). terly, the Procurement Service Branch will prepare and distribute to all pro

(a) When the procurement is either curement offices a listing of all firms on

partially or totally set-aside for small which there has been accumulated sub

business participation, the small business stantial information. Subsequently, if

employment size standard (or other a contracting officer is in the process of

criteria) shall be stated in the solicita

tion. making a determination as to the re

(1) When the solicitation is for a sponsibility of a prospective contractor whose name appears on the list, he shall

manufactured product classified within secure the file from the above Branch.

an industry set forth in § 1-1.701-1(h) In the case of field requests, the contents

of this title, language reading substanof the file may be reproduced and for

tially as follows shall be used: warded if deemed more practical than The small business employment size standlending the file.

ard prescribed for this procurement is not more than

*employees, except when § 2-1.318 Contracting Officer's decision

the concern is a small business non-manuunder a disputes clause.

facturer in which case the employment size When a final decision of the contract

standard is not more than 500 employees. ing officer involves a dispute that is or

(2) When the solicitation is for a may be subject to the Disputes Clause, a

manufactured product that is not classiparagraph substantially the same as that

fied within an industry set forth in set forth in $ 1-1.318(a) of this title

§ 1-1.701–1(h) of this title, language shall be included in the decision with the title “Administrator” inserted in the blank space in the paragraph. The decision shall also contain the following paragraph:

*Insert "750" or "1000", as appropriate.

concern

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reading substantially as follows shall be § 2-1.802-1 General policy. used:

In the interest of assuring that this The small business employment size stand- Agency does everything possible conard prescribed for this procurement is not sistent with efficiency and within the more than 500 employees.

framework of existing law and regula(3) Similar language shall be used to

tion, each procurement office should prescribe the employment size standard, designate a member of its staff to serve average annual receipts, or other cri

as a special assistance officer for labor teria, in procurements for construction,

surplus area matters. His responsibility research, development, and testing, serv

would include a review of the procureices, transportation, and manufacturing.

ments of that office to assure full appli

cation of all special considerations and § 2-1.710 Subcontracting with small

treatment of firms who would perform a business concerns.

substantial part of their work in labor § 2-1.710_1 General.

surplus areas. When the contractor is required to es

§ 2-1.805 Subcontracting with labor tablish and conduct a small business sub

surplus area concerns. contracting program, the Invitation for § 2-1.805-1 General. Bids (IFB) or the Request for Proposals (RFP) will require that the name of the

(a) When a contractor is required to prospective contractor's designated liai

establish and conduct a "Labor Surplus son officer be furnished with the bid or

Area Subcontracting Program”, the Inproposal. Immediately after award of

vitation for Bids (IFB) or Request for the contract, the representative of the

Proposals (RFP) will require that the Small Business Administration serving

name of the prospective contractor's the area and the contracting office's

designated liaison officer be furnished small business advisor shall be given the

with the bid or proposal. Immediately

after award of the contract the name of name of the contractor's liaison officer

the contractor's liaison officer shall be for small business matters.

given to the procurement office's small § 2-1.710-4 Responsibility for review

business advisor for labor surplus area ing the subcontracting program.

matters.

(b) The IFB or RFP should also adThe contracting officer is responsible

vise prospective contractors that labor for the review reguired by § 1-1.710–4 of surplus areas are listed in “Area Labor this title. A review shall be made as soon Market Trends”, copies of which may be as possible after the award of a contract, obtained from the Bureau of Employand periodically thereafter. Written re

ment Security, Department of Labor, ports of all such reviews shall be included

Washington, D.C., 20210. in the contract file and a copy furnished to the Agency's Small Business Assist

§ 2-1.805-4 Review of subcontracting ance Officer, IM-205.

program.

The contracting officer is responsible Subpart 2-1.8—Labor Surplus Area

for the review required by § 1-1.805–4 of

this title. A review shall be made as Concerns

soon as possible after the award of a § 2-1.801 Definitions.

contract, and periodically thereafter.

Written reports of all such reviews shall § 2-1.801-2 Labor surplus areas.

be included in the contract file and a Arrangements have been made for copy transmitted to the Agency Small each procurement office to receive, di- Business Assistance Officer, IM-205. rectly from the Department of Labor, their publications, “Directory of Impor

§ 2-1.807 Report on preference pro

curement in labor surplus areas. tant Labor Market Areas” and “Area Labor Market Trends." Failure to re- Reports required pursuant to § 1-1.807 ceive these publications, or requirements of this title shall be prepared by each for additional copies should be called to procurement office and submitted in the attention of the Procurement Infor- quadruplicate to the Procurement Divimation Office, Procurement Division, sion, IM-200, within 30 days after the IM-200, Installation and Materiel close of each calendar quarter. (Ref: Service.

RIS IM 4473.1)

Subpart 2-1.10—Publicizing

Procurement Actions § 2-1.1002 Availability of invitation for

bids and requests for proposals. (a) A copy of all invitation for bids and request for proposals issued by the Procurement Division, IM-200 will be forwarded to the Procurement Information Office, IM-205. This requirement applies to all other Agency procurement offices when:

(1) The proposed construction contract is estimated to exceed $25,000 (a copy of SF-20 will suffice);

(2) The proposed supply or service contract is estimated to exceed $5,000.

(b) Copies of plans, drawings, specifications and other attachments to the IFB or RFP Schedule need not be furnished. § 2-1.1003–2 General requirements.

Section 2–1.1003–2 of this title requires, with certain exceptions that procurements of $5,000 and above be publicized in the Department of Commerce Synopsis. Procurements proposed to be awarded on a sole source basis are not excluded from this requirement. Therefore, in such cases, appropriate notices substantially as follows shall be issued:

(a) For unsolicited proposals: Negotiations will be conducted with (Name and address of firm) for (Description of articles or services) on the basis of an unsolicited proposal submitted by this firm. This notice is issued for the information of prospective subcontractors.

(b) For other sole source procurement:

Negotiations will conducted with (Name and address of firm) for (Description of articles or services). This notice is issued for the information of prospective subcontractors. No RFP is available.

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PART 2-2 PROCUREMENT BY Subpart 2–2.3—Submission of Bids
FORMAL ADVERTISING

$ 2–2.3 Submission of bids.

§ 2-2.301 Responsiveness of bids. Subpart 2-2.2-Solicitation of Bids

Except as provided in this § 2-2.301 Sec.

any bid not signed by the bidder or his 2–2.205 Bidders mailing lists.

authorized representative shall be dis2-2.205-1 Establishment of lists. 2–2.205–5 Release of bidders mailing lists.

regarded. When an unsigned bid is ac

companied by other evidence demonSubpart 2–2.3—Submission of Bids

strating the bidder's intention to be 2-2.3 Submission of bids.

bound by the unsigned bid document, 2-2.301 Responsiveness of bids.

such as a bid guarantee or a letter signed Subpart 2–2.4—Opening of Bids and Award by the bidder referring to and clearly of Contract

identifying the bid itself, the contracting

officer shall waive the deficiency as a 2-2.406 Mistakes in bids. 2–2.406–3 Other mistakes disclosed before minor informality or irregularity (see award.

§ 1-2.405 of this title) and shall docu2–2.406-4 Disclosure of mistakes after ment the file to so indicate.

award. 2–2.407–8 Protests against award.

Subpart 2–2.4Opening of Bids and 2-2.408 Information to bidders.

Award of Contract AUTHORITY: The provisions of this Part

8 2–2.406 Mistakes in bids. 2-2 issued under secs. 303, 313, 72 Stat. 747, 752: 49 U.S.C. 1344, 1354.

§ 2-2.406–3 Other mistakes disclosed

before award. SOURCE: The provisions of this part 2–2 appear at 29 F.R. 17095, Dec. 15, 1964, unless (a) The Chief, Procurement Division, otherwise noted.

Installation and Materiel Service, Fed

eral Aviation Agency, Washington (or Subpart 2-2.2-Solicitation of Bids

anyone acting in that position), is the

designated central authority to make the $ 2–2.205 Bidders mailing lists.

determinations set forth in § 1-2.406–3 § 2–2.205–1 Establishment of lists.

of this title. Firms, other than local suppliers, ap

(b) Cases referred to the Chief, Proplying to be placed on the bidders mail

curement Division, shall be accompanied

by the data prescribed in § 1-2.406–3(d) ing list of a procurement office shall be

(3) of this title. briefed on the procurement programs of

(c) When a determination has been the various procurement offices through

made by the Chief, Procurement Diviout the Agency. If a firm indicates an

sion, the signed original will be forinterest to be placed on the mailing list

warded to the contracting officer. All of certain other Agency procurement of

supporting documents submitted by the fices, the office receiving the “Bidders Mailing List application,” SF-129 shall

contracting officer, except his written

statement, will be returned to him. The send copies of the form to the selected

contracting officer shall withhold award offices with an appropriate covering

action until he has received the signed memorandum.

determination or official notice thereof. 8 2–2.205–5 Release of bidders mailing (d) Cases considered doubtful by the lists.

contracting officer shall be referred to Except as provided in § 1-2.205–5(b)

the Chief, Procurement Division, who of this title, the list of prospective bid

will take appropriate action either to ders to whom invitations for bids have

make a determination or to prepare a been furnished will not be made avail- submittal over his signature, to the able for inspection to individuals outside Comptroller General. the Agency. Such lists may, however, (e) Where a case clearly must be subbe made available to other Government mitted to the Comptroller General for agencies, at their specific request, and decision (either pursuant to a specific upon condition that the list will not be request from the contractor or because available for inspection to anyone out- the case does not fall within the criteria side the Government.

set forth in § 1-2.406–3 of this title), it

may, if urgent, be submitted directly to the Comptroller General by the contracting officer. The submittal shall be forwarded through Agency legal personnel for this coordination and shall be accompanied by substantially the same data as required by paragraph (b) of this section. A copy of the submittal letter shall be sent to the Chief, Procurement Division. If urgency is not a factor, the case shall be referred to the Chief, Procurement Division for submission by him to the Comptroller General.

$ 2–2.406–4 Disclosure

of

mistakes after award. (a) Agency contracting officers are authorized to correct mistakes in the kinds of cases contemplated in § 1-2.406– 4(a) of this title.

(b) The Chief, Procurement Division, Installation and Materiel Service, Federal Aviation Agency, Washington (or anyone acting in that position), is the designated central authority to make the determinations set forth in § 1-2.406–4 (b) of this title.

(c) Cases referred to the Chief, Procurement Division, shall be accompanied by the data prescribed in § 1-2.406_4 (b) (2) of this title.

(d) When a determination has been made by the Chief, Procurement Division, the signed original will be forwarded to the contracting officer. , All supporting documents submitted by the contracting officer, except his written statement, will be returned to him. Upon receipt of the signed determination, the contracting officer shall take appropriate action to rescind or reform the contract, or to notify the contractor that the award will stand as made.

(e) Where administrative determination is precluded by the limitations set forth in g 1–2.406–4 of this title, or where the contractor has specifically requested review by the Comptroller General, the case shall be referred to the Chief, Procurement Division, who will prepare a submittal from the Administrator to the Comptroller General. The submittal shall be forwarded through the Office of the General Counsel for their coordination. § 2-2.407–8 Protests against award.

(a) Where a protest affects another bidder, a contractor, or any other party having a legitimate interest, the con

tracting officer shall, if he deems it necessary, give prompt notice of the protest to such parties so that they may take appropriate action on their own behalf. The extent and nature of the information to be furnished the affected parties will require the exercise of prudent judgment and will be determined by the particular aspects involved in the specific case. These aspects may include, but are not limited to, legal considerations, equitable consideration of the interests of the affected parties, mitigation of losses or other injuries to any and all parties concerned, and the interests of the Government. The recipients of such notice of protest shall be advised that the notice is primarily intended to afford them an opportunity to present pertinent comment for consideration of the Agency and that it in no way relieves them of any obligations, under a contract or otherwise.

(b) Where it is known that a protest against the making of an award has been made directly with the Comptroller General or other level of authority above that of the head of the procuring activity and a determination is made to make award under $ 1–2.407-8(b) (3) of this title, the determination shall be approved by the head of the procuring activity. The notice of intent to make award required by § 1-2.407–8(b) (2) of this title shall be submitted to the Comptroller General over the signature of the head of the procuring activity.

(c) Where a protest is submitted to the Comptroller General by the Agency for resolution, the file shall contain a statement signed by the contracting officer setting forth his findings, actions, and recommendations. If a contract award was made pending resolution of the protest, the statement shall include the determination made under § 1-2.407– 8(b) (3) of this title. The file shall include the following documentation, as appropriate or applicable:

(1) Copy of the invitation for bid;
(2) Copy of abstract of bids received;

(3) Copy of the low bid or copy of the bid of the successful bidder to whom award is proposed to be made;

(4) Copy of bid submitted by protester, if any, with his written statement setting forth the complete facts on which the protest is based;

(5) Written statements, when relevant, from other persons or bidders affected by

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