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(b) Deviation from the FPR and Chapter 5 will be processed in accordance with $ 5–1.109(b). In order to maintain uniformity to the greatest extent feasible, deviation by DMS activities from this Chapter 5C will be kept to a minimum and controlled as follows:

(1) Deviation will be made only after prior approval by the Commissioner, DMS.

(2) Requests for authority to deviate from Chapter 5C shall be submitted to the Commissioner, DMS, supported by statements adequate to disclose fully the nature of the deviation and the reasons for special action.

(3) Deviations authorized under subparagraph (1), above, will expire, unless extended, 12 months after the date of approval, or unless sooner rescinded, all without prejudice to any action taken thereunder.

(c) Except as otherwise authorized, when a deviation from a Chapter 5C contract form provision is authorized, physical change may not be made in the printed form, but shall be made by appropriate provision in the schedule specification, or continuation sheet as appropriate.

Subpart 5C-1.3—General Policies $ 5C-1.310 Responsible prospective

contractor. $ 5C-1.310-6 Determination of respon

sibility. DMS contracting activities shall notify each bidder determined not to be responsible, by letter, signed by the contracting officer, after clearance with the Director or Deputy Director, Materials Division, or the Director, Industrial Equipment Division, or the Director, Emergency Programs Division, and legal counsel as appropriate, of the reasons for rejecting his bid. $ 5C-1.315 Use of liquidated damages

provisions in procurement contracts. $ 5C-1.315-2 Policy.

A liquidated damages provision shall not be used in supply or service contracts without the prior approval of the Director or Deputy Director, Materials Division, DMS.

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PART 5C-2-PROCUREMENT BY

journals, the classified sections of city FORMAL ADVERTISING

directories or telephone directories, and

listings of other Federal agencies. Subpart 5C-2.2-Solicitation of Bids

$ 5C-2.205–2 Removal of names from Sec.

bidders mailing lists. 5C-2.205 Bidders mailing lists. 5C-2.205-1 Establishment of lists.

If any concern fails to respond to or 5C-2.205-2 Removal of names from bidders acknowledge receipt of three successive mailing lists.

bid invitations or solicitations for offers, 5C-2.205,70 Additions to bidders mailing its name may, in the discretion of the lists.

contracting officer, be removed from the 5C-2.205–71 Maintenance of bidders mailing bidders mailing list, and such concern lists.

shall be promptly notified in writing of Subpart 5C-2.4-Opening of Bids and Award of the action taken. Contract

$ 5C-2.205–70 Additions to bidders 5C-2.407 Award.

mailing lists. 5C-2.407-8 Protests against awards.

When a concern requests that its name 5C-2.407-70 Award when only one bid is received.

be included in the general bidders mail

ing list without specifying the item or AUTHORITY: The provisions of this part

items in which it has an interest, it 5C-2 issued under sec. 205(C), 63 Stat. 390, 40 U.S.C. 486(c); and 41 CFR 5-1.101 (c), 28

should be requested to identify the item F.R. 4559.

or items which it is prepared to furnish

to the Government. If the concern acSOURCE: The provisions of this part 5C-2

cedes to such request, its name should be appear at 28 F.R. 7837, Aug. 1, 1963.

placed upon the bidders mailing list for each item so identified; but if it fails or

refuses so to do, its name shall nevertheSubpart 5C-2.2-Solicitation of Bids

less be included in the general bidders

mailing list. $ 5C-2.205 Bidders mailing lists. $ 5C-2.205–1 Establishment of lists. $ 5C-2.205–71 Maintenance of bidders When circumstances justify, suppliers

mailing lists. may be listed in the absence of receipt of Each procuring activity shall assure applications on the basis of information the efficient maintenance of bidders derived from records of previous pur- mailing lists on a current basis by carechases of similar requirements, trade ful and continuous review and revision directories, classified catalog files, trade of such lists.

Subpart 5C-2.4Opening of Bids

and Award of Contract
§ 5C-2.407 Award.
$ 5C-2.407-8 Protests against award.

When oral protests are received, the person making the protest shall be requested to submit the protest in writing, stating therein his interest in the matter. Any protest of award received shall be referred to the contracting officer for preparation of a reply and shall normally be processed as follows:

(a) Protests before award. When a protest is received prior to making an award, no award shall be made pending resolution of the protest, except where the items to be procured are urgently required or if it is otherwise in the best interests of the Government to do so; provided, however, that no awards under such circumstances shall be made without advice from the appropriate legal counsel and the approval of the Director or Deputy Director, Materials Division, or the Director, Emergency Programs Division, or the Regional Director, DMS, as appropriate, or higher authority.

(b) Protests after award. When protests are received after award has been made, the contracting officer shall develop the facts in the case and prepare a reply to the protest in letter form for the signature of the Director or Deputy Director, Materials Division, or the Director, Emergency Programs Division, or the Regional Director, DMS, as appropriate. Such replies must be concurred in by legal counsel. $ 5C-2.407–70 Award when only one

bid is received. When only one bid is received in response to an invitation for bids, such bid may be considered and accepted if (a) the specifications used in the invitation were not restrictive, (b) adequate competition was solicited, (c) the price is reasonable, and (d) the bid is otherwise in accordance with the invitation for bids and governing requirements.

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PART 5C

3PROCUREMENT BY

NEGOTIATION Subpart 5C-3.44 Types of Contracts $ 50–3.450 Oral commitments.

(a) Contracts for the procurement of rubber and cordage fibers may be negotiated by telephone at the market price prevailing at the time of negotiation. Oral commitments are essential in this type of procurement because of rapid price fluctuations occurring in the worldwide marketing and distribution system peculiar to these commodities.

(b) The contracting officer shall arrange immediately to reduce each such oral commitment to writing, using approved GSA forms. (Sec. 205(C), 63 Stat. 390, 40 U.S.C. 486 (c); 41 CFR 5-1.101(c), 28 F.R. 4559) 128 F.R. 7837, Aug. 1, 19631

PART 50-6FOREIGN PURCHASES

Port until after the expiration of the sixtyday period following such discharge under

the charter, and in the absence of such evi. Subpart 5C-6.70—Commodity

dence, the withheld portion of the charges

will not be paid." Contracts

The Contractor further agrees to notify

the vessel owner, or his authorized agent, Sec.

that in the event of violation of the provi5C-6.7001 Use of American Flag vessels.

sions of said clause all vessels of the owner 5C-6.7002 Restrictive Charter clause.

may be barred from further chartering for the transportation of cargoes owned by or

destined for the Government of the United AUTHORITY: The provisions of this part States of America. 5C-6 issued under sec. 205(c), 63 Stat. 390, (b) Promptly after expiration of the sixty40 U.S.C. 486(C); and 41 CFR 5-1.101(c), 28 day period provided in the Restrictive CharF.R. 4559, except as otherwise noted.

ter clause stated in paragraph (a), above,

the Contractor, on the basis of the evidence SOURCE: The provisions of this Subpart

furnished it by the vessel owner or his au5C-6.70 appear at 28 F.R. 7838, Aug. 1, 1963.

thorized agent, shall determine whether the vessel has complied with the above Restric

tive Charter clause. § 5C-6.7001 Use of American Flag ves

If the Contractor de

termines that the Restrictive Charter clause sels.

has been complied with, the Contractor shall All DMS contracts for the procurement

pay to the owner of the vessel or his author. of commodities which are to be trans

ized agent the aforesaid withheld twentyported on ocean vessels shall contain the

five percent. If the Contractor determines

that said Restrictive Charter clause has not following provisions:

been complied with, the Contractor shall USE OF AMERICAN FLAG VESSELS

notify the owner of the vessel or his author

ized agent of such determination of violaAny materials, commodities or equipment

tion of the clause and shall afford said owner required under this contract which are to

or his authorized agent thirty (30) days be transported on ocean vessels shall be

within which to furnish to the Contractor transported in accordance with the provisions

any additional evidence which will show to of Section 901(b) of the Merchant Marine

the satisfaction of the Contractor that the Act, 1936, as amended (68 Stat. 832, 46 U.S.C.

Restrictive Charter clause has not been vio1241-1246).

lated. During said thirty-day period the (Implements sec. 901(b), 68 Stat. 832; 46

Contractor shall continue to withhold the U.S.C. 1241-1246)

aforesaid twenty-five percent of the freight

charges. If upon the expiration of said 8 50–6.7002 Restrictive Charter clause. thirty-day period the owner of the vessel or All DMS contracts for the procurement

his authorized agent has not established

proof satisfactory to the Contractor of comof commodities which are to be trans

pliance with said Restrictive Charter clause, ported on ocean vessels shall contain the

the Contractor shall advise the owner of the following Restrictive Charter clause: vessel or his authorized agent of such final RESTRICTIVE CHARTER CLAUSE

determination and shall thereafter promptly

pay to the Government the full amount of (a) The Contractor agrees to include the the freight charges withheld by the Contracfollowing Restrictive Charter clause in any tor pursuant to the aforesaid Restrictive charter party agreement entered into by it Charter clause. for the transportation on foreign flag vessels (c) Promptly after expiration of the sixtyof the material purchased hereunder:

day period provided in the above-stated Re"The vessel will not enter any Communist strictive Charter clause, the Contractor shall Far East Port until after sixty days from the furnish the Contracting Officer with a comdate of completion of discharge of the entire plete statement of the evidence submitted to cargo under this charter. In the event of it by the owner of the vessel or his authorfailure to comply with said agreement, ized agent pursuant to the provisions of the twenty-five percent of the freight charges above Restrictive Charter clause on which for ocean transportation hereunder will not the Contractor has based its determination be earned. Twenty-five

ercent of the that there has been compliance or noncom. freight charges payable hereunder will be pliance with said Restrictive Charter clause. withheld by the charterer until the owner In the event of a determination by the Con. or his authorized agent submits evidence tractor of noncompliance with said clause, satisfactory to the charterer that the vessel the Contractor shall thereafter furnish the has not entered any Communist Far East Government, promptly after receipt by it,

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