serious performance problems which indicate an inability or unwillingness to perform. When such situations develop, an interim notice in memo form shall be sent to the Procurement Services Branch, IM-290, who in turn will alert all Agency procurement offices. If the contractor later cures his unsatisfactory performance or any of the conditions which prompted the submission of the initial notice, the notice shall be supplemented, stating what action was taken by the contractor to correct the deficiencies. The routing of any supplements shall be the same as the initial notice.

§ 2-1.310-50 Master file.

(a) The Procurement Service Branch, IM-290, of the headquarters Procurement Division will compile and maintain a file on prospective suppliers to assist contracting officers in determining the responsibleness of contractors. The file will contain copies of the following data: (1) Contractor Performance Evaluation, FAA Form 3458.

(2) Determinations of contractor responsibleness (including Dun & Bradstreet reports and other supporting data). (See § 2-1.310-6.)

(3) Debarment or ineligibility information.

(b) The information in these files will be available for use by all procurement offices throughout the Agency. Quarterly, the Procurement Service Branch will prepare and distribute to all procurement offices a listing of all firms on which there has been accumulated substantial information. Subsequently, if a contracting officer is in the process of making a determination as to the responsibility of a prospective contractor whose name appears on the list, he shall secure the file from the above Branch. In the case of field requests, the contents of the file may be reproduced and forwarded if deemed more practical than lending the file.

§ 2-1.318 Contracting Officer's decision under a disputes clause.

When a final decision of the contracting officer involves a dispute that is or may be subject to the Disputes Clause, a paragraph substantially the same as that set forth in § 1-1.318(a) of this title 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:

The small business program of this Agency shall be conducted as an integral part of the Agency's mission. Consideration will be afforded the small business program in all phases of procurement to the end that the effectiveness and efficiency of the procurement mission is not impeded. In the interest of assuring that the Agency does everything possible consistent with efficiency and within the framework of existing law and regulation, each procurement office should designate a member of its staff to serve as a special assistance officer for small business matters. His responsibility would include the procurements of that office to assure full application of all special considerations and treatment which may be afforded small business firms by law and regulation both as Agency prime contractors and sub-contractors under Agency contracts.

§ 2-1.701-1 Small business concern (for Government procurement).

(a) When the procurement is either partially or totally set-aside for small business participation, the small business employment size standard (or other criteria) shall be stated in the solicitation.

(1) When the solicitation is for a manufactured product classified within an industry set forth in § 1-1.701-1 (h) of this title, language reading substantially as follows shall be used:

The small business employment size standard prescribed for this procurement is not more than *employees, except when the concern is a small business non-manufacturer in which case the employment size standard is not more than 500 employees.

(2) When the solicitation is for a manufactured product that is not classified within an industry set forth in § 1-1.701-1(h) of this title, language

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

reading substantially as follows shall be used:

The small business employment size standard prescribed for this procurement is not more than 500 employees.

(3) Similar language shall be used to prescribe the employment size standard, average annual receipts, or other criteria, in procurements for construction, research, development, and testing, services, transportation, and manufacturing. § 2-1.710 Subcontracting with small business concerns.

§ 2-1.710-1 General.

When the contractor is required to establish and conduct a small business subcontracting program, the Invitation for Bids (IFB) or the Request for Proposals (RFP) will require that the name of the prospective contractor's designated liaison officer be furnished with the bid or proposal. Immediately after award of the contract, the representative of the Small Business Administration serving the area and the contracting office's small business advisor shall be given the name of the contractor's liaison officer for small business matters.

§ 2-1.805

Subcontracting with labor surplus area concerns.

§ 2-1.805-1 General.

(a) When a contractor is required to establish and conduct a “Labor Surplus Area Subcontracting Program", the Invitation for Bids (IFB) or Request for Proposals (RFP) will require that the name of the prospective contractor's designated liaison officer be furnished with the bid or proposal. Immediately after award of the contract the name of the contractor's liaison officer shall be given to the procurement office's small business advisor for labor surplus area matters.

(b) The IFB or RFP should also advise prospective contractors that labor surplus areas are listed in "Area Labor Market Trends", copies of which may be obtained from the Bureau of Employment Security, Department of Labor, Washington, D.C., 20210. § 2-1.805-4

program.

Review of subcontracting

The contracting officer is responsible for the review required by § 1-1.805-4 of this title. A review shall be made as soon as possible after the award of a contract, and periodically thereafter. Written reports of all such reviews shall be included in the contract file and a copy transmitted to the Agency Small Business Assistance Officer, IM-205.

§ 2-1.807 Report on preference procurement in labor surplus areas.

Reports required pursuant to § 1-1.807 of this title shall be prepared by each procurement office and submitted in quadruplicate to the Procurement Division, IM-200, within 30 days after the close of each calendar quarter. (Ref: RIS IM 4473.1)

Subpart 2-2.2-Solicitation of Bids § 2-2.205 Bidders mailing lists. § 2-2.205-1 Establishment of lists.

Firms, other than local suppliers, applying to be placed on the bidders mailing list of a procurement office shall be briefed on the procurement programs of the various procurement offices throughout the Agency. If a firm indicates an interest to be placed on the mailing list of certain other Agency procurement offices, the office receiving the "Bidders Mailing List application," SF-129 shall send copies of the form to the selected offices with an appropriate covering memorandum.

§ 2-2.205-5 Release of bidders mailing lists.

Except as provided in § 1-2.205-5 (b) of this title, the list of prospective bidders to whom invitations for bids have been furnished will not be made available for inspection to individuals outside the Agency. Such lists may, however, be made available to other Government agencies, at their specific request, and upon condition that the list will not be available for inspection to anyone outside the Government.

Subpart 2-2.3-Submission of Bids

§ 2-2.3

Submission of bids.

§ 2-2.301 Responsiveness of bids.

Except as provided in this § 2-2.301 any bid not signed by the bidder or his authorized representative shall be disregarded. When an unsigned bid is accompanied by other evidence demonstrating the bidder's intention to be bound by the unsigned bid document, such as a bid guarantee or a letter signed by the bidder referring to and clearly identifying the bid itself, the contracting officer shall waive the deficiency as a minor informality or irregularity (see § 1-2.405 of this title) and shall document the file to so indicate. Subpart 2-2.4-Opening of Bids and Award of Contract

§ 2-2.406 Mistakes in bids.

§ 2-2.406-3 Other mistakes disclosed before award.

(a) 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 § 1-2.406-3 of this title.

(b) Cases referred to the Chief, Procurement Division, shall be accompanied by the data prescribed in § 1-2.406-3(d) (3) of this title.

(c) 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. The contracting officer shall withhold award action until he has received the signed determination or official notice thereof.

(d) Cases considered doubtful by the contracting officer shall be referred to the Chief, Procurement Division, who will take appropriate action either to make a determination or to prepare a submittal over his signature, to the Comptroller General.

(e) Where a case clearly must be submitted to the Comptroller General for decision (either pursuant to a specific request from the contractor or because the case does not fall within the criteria 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 § 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 § 1-2.4078(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