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may occasionally exist for using specifications which limit competition by requiring certain types of material or articles, such as replacement parts, auxiliary equipment, and tools required for use with major equipment. Restrictive specifications may be used to meet special requirements, provided (a) ERDA needs cannot reasonably be met in any other manner, and (b) a complete written justification for the restriction is included in the contract file.

$9-1.313 Records of contract actions.

(a) The procurement file which shall be maintained by the head of the procuring activity, or designee, shall include copies of all documents that present a historical record of the fact of the transaction. Basic papers of the procurement file shall be arranged and secured in a logical order so as to facilitate review and audit. A complete file shall be maintained, and pertinent papers shall not be removed. Bulky material, such as unsuccessful proposals, specifications, drawings, etc., need not be kept in the file, but may be filed elsewhere under the contract number, cross referenced in both files. These records may be disposed of in accordance with approved records disposition schedules, subject to any special circumstances such as lawsuits, investigations, etc., warranting longer retention.

(b) Files of essential documents for all contracts and modifications made without formal advertising, except files for small purchases, shall include the following:

(1) copy of the procurement request, requisition, or other document upon which the procurement is based;

(2) determinations and findings;

(3) copy of request for proposals, including drawings and specifications when applicable or references thereto;

(4) list of sources solicited, or, when noncompetitive, justification for noncompetitive procurement or for acceptance of unsolicited proposal;

(5) copies of proposals or confirming quotations received;

(6) basis for determining that the contractor was financially and technically able to perform;

(7) cost or pricing data used to determine reasonableness of price in making award, including a statement on the analysis of the price;

(8) approval of

appropriate reviewing authority when


(9) conformed copy of contract or purchase order with specific reference to any unusual contract provisions and reasons therefor;

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(c) The file covering a procurement by formal advertising shall include the following:

(1) copy of the procurement request, requisition, or other document upon which procurement is based;

(2) copy of the bid invitation;

(3) list of prospective bidders solicited;

(4) copies of addenda or supplemental notices;

(5) abstract of bids;

(6) copy of successful bid;

(7) evaluation of the reasonableness of the low bid accepted, including comparison with the independent Government cost estimate, if applicable;

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(12) justification for award to other than the low bidder and other circumstances justifying award, such as basis for making the award in case of equal low bids;

(13) if performance or payment bond requirements on lump-sum or unit-price construction contracts and subcontracts do not conform to the requirements of Part 9-10, state the reason; and

(14) related correspondence.

$9-1.318 Disputes clause.

$9-1.318-1 Contracting officer's decision under a Disputes clause.

(a) In addition to the information specified in FPR 1-1.318-1, a decision concerning a dispute which is or may be subject to the Disputes clause also shall include the contracting officer's written findings of fact.

(b) Such decisions shall be expeditiously prepared and transmitted to the contractor, together with a copy of 10 CFR Part 703, and a copy of any rules established by the ERDA Board of Contract Appeals. $9-1.350 ERDA specifications and standards.

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(a) ERDA does not maintain a central distribution point for specifications and standards. Index of Federal Specifications, Standards, and Handbooks may be obtained by submission of an order to the Superintendent of Documents, U.S. Government Printing Office, Washington, DC, 20402. Copies of Federal Specifications and Standards may be obtained in the same manner. Single copies of product specifications required for bidding purposes are available without charge at the Business Service Centers of the General Services Administration Regional Offices. Nongovernment activities should obtain copies of the Index and of Federal Specifications and Standards from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC, 20402.

(b) Field offices and Headquarters shall maintain current copies of these indexes and supplements and shall maintain files of current copies of Federal Specifications and Standards covering all items which are purchased on a recurring basis for which specifications or standards are available.

$9-1.352 Department of Defense Index of

Specifications and Standards.

These indexes may be obtained from the Superintendent of Documents, Government Printing Office, Washington, DC, 20402. Copies of

specifications and standards are ordered from the cognizant military activity developing each particular specification or standard.

$9-1.353 Prebidding and preproposal conferences.

(a) Wherever considered advantageous, particularly for the more complex, unusual, or large projects, a prebidding or preproposal conference should be held with prospective contractors and their suppliers prior to receipt of bids or proposals in connection with formally advertised or negotiated procurement.

(b) The primary objectives of such conferences are to avoid performance, production and construction problems and contingency items in bids or proposals by:

(1) Outlining principal features of the project.

(2) Answering questions and identifying any ambiguity or obscurity concerning the proposed work and the plans and specifications.


(3) Soliciting prospective contractors' opinions on such as feasibility of proposed performance, production or construction techniques and tolerances.

(4) Soliciting prospective contractors' suggested changes in design or in provisions of the proposed contract which could result in more economical production or construction.

(c) Changes or clarifications found to be necessary as a result of a prebidding or preproposal conference shall be included in addenda to the invitation for bids or request for proposals.

(d) Such conferences may also be held prior to the issuance of invitations for bids or requests for proposals when the main objective is to obtain the view of prospective contractors on matters such as production or construction techniques.

$9-1.354 Contract Close-out

The head of the procuring activity shall ensure that necessary procedures and milestone schedules are established and resources applied to effect the earliest practicable deobligation of projected excess funds and the timely close-out of all procurements which are physically completed or otherwise eligible for close-out action. The following final milestones after physical completion are to be used in extablishing close-out schedules: fixed-price purchase orders--3 months; firm fixed-price contracts, grants, SRSAS and cooperative agreements--6 months; and all others--20 months.

Subpart 9-1.4 Procurement Responsibility and Authority.


Responsibility of the head of the Procuring activity.

The head of the procuring activity is responsible for the conduct of an effective and efficient procurement program. Adequate controls shall be established to assure compliance with applicable laws, regulations, procedures, and the dictates of good management practices. Periodic reviews shall be conducted by qualified personnel, preferably assigned to positions other than in the particular procurement office or portion thereof being reviewed, to determine the extent of adherence to prescribed policies and regulationsand good management practices, and to identify any needs for improvement, guidance and/or training.

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$9-1.403 Requirements to be met before entering into contracts.

(a) No contract shall be entered into, modified, or terminated unless all required reviews, clearances, or approvals have been obtained and all applicable requirements of law, the FPR, the ERDA-PR, and other applicable regulations have been met.

(b) In addition to the requirements specified in paragraph (a), no negotiated contract shall be entered into until the determinations and findings required by Parts 1-3 and 9-3 with respect to the circumstances justifying negotiation and use of any special method of contracting have been made. Negotiations, in any form, will not begin with prospective contractors until all required determinations and findings authorizing such negotiations have been made.

$9-1.404 Selection, appointment, and termination

of appointment of contracting officers.

$9-1.404-1 Selection.

In selecting contracting officers, the appointing authority shall consider experience, training, education, business acumen, judgment, character, reputation, and ethics. In considering experience, training, and education, the following shall be evaluated:

(a) experience in a Government procurement, or related fields;

procurement office, commercial

(b) formal education or special training in business administration, law, accounting, or related fields and completion of specialized courses in the field of Government procurement;

(c) knowledge of procurement law, FPR, ERDA-PR, other applicable laws, Executive Orders, and regulations affecting procurement.

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