Subpart 5-1.54—Products or Services Presented for Procurement Consideration SOURCE: The provisions of this Subpart 5-1.54 appear at 29 F.R. 11154, Aug. 1, 1964. § 5-1.5401 Policy. (a) All reasonable assistance shall be rendered to concerns desiring to supply their products and services to the Federal Government on either a prime contract or subcontract basis. This will include (1) consideration of the items with respect to all current and potential operational and program requirements of all GSA operating services and staff offices, and (2) advice concerning potential needs outside GSA and assistance in contacting other agencies. (b) Each applicant desiring to supply a product may, as appropriate, be required to furnish physical characteristics, performance characteristics, chemical composition, and such other data as may be required to (1) test and inspect the product; (2) develop specifications; (3) advise agencies concerning use of the product; and (4) identify the product for stock numbering and cataloging purposes. (c) No applicant shall be compelled to assist in the development of data to show actual or potential Government demand for his products or services as a prerequisite to consideration or acceptance by GSA. As used in this subpart, the following terms shall have the meanings set forth: (a) "Item" means either a product or a service. (b) A "similar item" means an item having the same general characteristics and end use as another item currently included in the GSA supply system. (c) A "competitively similar item" means an item which is comparable to other items currently being supplied, and is deemed to meet the applicable specification requirements. (d) A "new item" means an item which (1) is not a competitively similar item, or (2) is similar to an item being purchased but exceeds specification requirements to the degree that the supplier could not reasonably be expected to submit competitive quotations. § 5-1.5403 Initial referral of inquiries. All business inquiries presenting items for consideration by GSA, which are received by other than a Business Service Center, shall be referred promptly to the Business Service Center serving the GSA organizational element which received the inquiry. § 5-1.5404 Processing of inquiries. Upon receipt of inquiries, the Business Service Center shall provide the inquirers appropriate counseling on doing business with GSA and other Federal agencies and shall take the following action with respect to the item presented: (a) When it is readily apparent that the item presented is competitively similar to types currently included in the GSA supply system, the Business Service Center shall so advise the inquirers and provide them the appropriate bidders mailing list application forms and such instructions or specification information as will permit the preparation and submission of bids or offers. (b) When the item appears to be a new item, the Business Service Center shall furnish the inquirer at least four copies of GSA Form 1171, Application for Presenting New or Improved Articles, and request its completion and return in triplicate. (c) In cases where the nature and usage of the item presented is such that procurement by GSA is not likely, the Business Service Center shall so advise the inquirers and shall provide appropriate counseling with respect to potential procurement of such item by other agencies. § 5-1.5405 Processing of completed application forms. (a) Completed new item application forms shall be referred to the Business Service Center for review and appropriate action. The Business Service Center shall: (1) Assign a control number to each application processed and maintain records which will enable the Business Service Center to provide the Director of Business Services and Small Business, Central Office, a monthly report of all applications which are pending 60 days or more from the date of transmittal to the Central Office. A new series of con trol numbers shall be established at the beginning of each fiscal year for applications received during that year. Each annual series shall be in numerical sequence and shall identify the processing region and the fiscal year in which the applications are received and processed. For example, number R5-64-1 would be the number assigned to the first application processed by Region 5 during fiscal year 1964. (2) Transmit the original and one copy of the application to the Production Control Staff, Procurement Operations Division, Federal Supply Service, Central Office. (b) Upon receipt of GSA Form 1171, Application for Presenting New or Improved Articles, from the Business Service Center, the Procurement Operations Division shall: (1) Objectively evaluate the uses and, in collaboration with the Office of Standards and Quality Control, the merits of the items presented. In cases in which the Office of Standards and Quality Control determine that insufficient technical information is available for accurate evaluation of the product, the applicant shall be requested to provide technical specifications (not sales literature). Also, the applicant shall be required to submit specific test data when the Office of Standards and Quality Control determines that such data are required. These determinations as to the need for additional technical or test data shall be made as early as possible in the evaluation process. (2) Determine the need for and acceptability of the item (considering the requirements of other GSA services as well) in connection with GSA's overall national operational and program responsibilities. In determining the need for and acceptability of the item in connection with overall national operational and program responsibilities, the Procurement Operations Division shall determine whether the article should or should not be included in the GSA supply system. This determination may be with or without consultation with other Federal agencies. Factors for consideration include, but are not limited to, the following: (i) The criteria for determining method of supply; (ii) Number of Federal agencies expressing an interest in the article, including other GSA services; (iii) Significant requirement volume, including the potential dollar volume of sales annually; (iv) Health and safety factors; (v) Procurement problems that might be involved; (vi) Warehousing and considerations; and distribution (vii) Technical specifications and/or test data. (3) Provide interim advice to the applicant, if appropriate. Whenever final determination on acceptance or rejection of an item will involve submission of additional technical data or technical evaluation, such as testing by the Government, and arrangements for such technical evaluation cannot be completed within 30 days, the applicant shall be so advised by letter, a copy of which shall be forwarded to the Director, Business Services and Small Business, Central Office. (4) Accept the item for inclusion in Federal supply system. When, in accordance with the criteria set forth in Subpart 5A-1.71, a determination is made to accept the item as a GSA stores stock item, a Federal Supply Schedule item, or a consolidated purchase item for direct delivery to use points (i.e., as an FSS program item), the applicant shall be notified promptly by letter of such determination. A copy of the letter shall be furnished to the Business Service Center which initially evaluated the item. Subsequently, the Procurement Operations Division shall, as appropriate, take the following actions: (i) Estimate the quantity that may be needed; (ii) Furnish all descriptive, technical and test data to the Standardization Division with request for purchase description or specification; (iii) Request the Standardization Division to assign a Federal stock number; and (iv) Where applicable, initiate action to add the item to the appropriate Federal Supply Schedule, GSA stores stock, or the consolidated purchase program. (5) Conditionally accept the item. (i) Where the Procurement Operations Division determines that a new item has potential, action may be initiated to use one or more retail stores as a proving ground. In such a case, the Procurement Operations Division, with the concurrence of supply distribution activity, will make appropriate recommendations to the Buying Divisions at the regions involved and coordinate with the regional supply distribution activities in the selection of the retail stores to be used, and furnish source information and pertinent instructions to the appropriate regional Buying Divisions. (ii) When an item appears to be appropriate for use by Federal agencies but there is uncertainty as to whether sufficient Government-wide demand exists to warrant its immediate inclusion in the GSA supply system on a centralized basis, a Federal stock number shall be assigned for the item. Where appropriate, the supplier shall be counseled as to which of the Federal agencies would be most likely to be interested in procuring the item. Subsequently (after approximately one year), the Procurement Operations Division will ascertain the extent of Government use of the item and determine whether it should be continued in the GSA supply system and, if so, the method of supply. (iii) When items are of the type not normally procured on a prime contract basis, but appear to have merit for use either as components of prime contracts or as subcontract items, they shall be referred to the appropriate operating area of GSA in order that consideration be given to the development of new specifications, or the modification of existing ones which would allow their use. (6) Reject the item. Where it is determined that there is no Government potential for the item, the applicant shall be so notified. When the item has not been accepted into the GSA supply system, the applicant shall be informed of the reason for nonacceptance. Advice of nonacceptance shall, where appropriate, contain a statement that other Federal agencies having need for the item may seek procurement through appropriate contracting facilities. (7) Advise each applicant in writing of the action taken. Advise the Business Service Center in which the application originated of final disposition by providing that activity with a copy of the letter to the applicant. ponement shall be issued by mail or telegraph as early as possible, but in any event prior to the time specified for the opening of bids. (b) Bid openings shall be postponed when an important segment of prospective bidders requests additional time for filing their bids, or the contracting officer is on notice, or has reason to believe, that the specified opening date is not appropriate or is not conducive to the maximum practicable competition. (c) Bid openings may be postponed, if determined by the contracting officer to be practicable and in the best interests of the Government, when the contracting officer has reason to believe that the bids of an important segment of bidders have been delayed in the mails for causes beyond their control, and without fault [25 F.R. 5573, June 21, 1960] § 5-2.203 Methods of soliciting bids. [26 F.R. 725, Jan. 25, 1961] § 5-2.203-1 Mailing or delivering to prospective bidders. (a) The contracting officer shall arrange for the initial distribution of invitations for bids (and preinvitation notices). Initial distribution shall be made to firms included on established bidders mailing lists and to all others whom the contracting officer may select. Distribution of such documents covering new construction and specialized projects designed under the direct supervision of the Office of Design and Construction, Public Buildings Service, may be made by that office. (b) The initial distribution of invitations for bids shall include quantities required by the Business Service Center, in the region where the invitation for bids originates, for public display or reference and for filling of business and public requests for copies. Business Service Centers shall keep the contracting offices currently advised as to quantities required. In addition, contracting offices shall furnish at least one copy of each invitation for bids included in the Department of Commerce Synopsis of U.S. Government Proposed Procurement, Sales, and Contract Awards to each Business Service Center. (c) Business Service Centers normally shall handle and record, as provided in § 5-2.204 (a), all requests for invitations for bids. Bids shall be solicited through paid advertisements, when authorized by the appropriate head of a service or regional commissioner. Upon request, single copies of invitations for bids, or a brief summary thereof, shall be furnished to newspapers, trade journals, magazines, trade societies, and similar organizations for free publication. (See § 1-2.203-3.) When invitations for bids which include costly material, such as detailed specifications and drawings, are requested by such an organization, the contracting officer shall furnish such material only when he determines that it is in the best interest of the Government to do so. [26 F.R. 725, Jan. 25, 1961] § 5-2.204 Records of invitations for bids and records of bids. (a) Business Service Centers shall submit promptly to the appropriate contracting officer a supplemental list of those (including their addresses) to whom such centers furnished invitations for bids or amendments. The contracting officer shall arrange to furnish such prospective bidders, as well as those solicited pursuant to § 5-2.203-1, with applicable amendments or notices. (b) For records of bids see § 5-2.401 (d) (8). [26 F.R. 725, Jan. 25, 1961] |