$9-2.402 Opening of bids. At the bid opening, the relative merits of any bids shall not be discussed by the person opening the bids, or the contracting officer with the bidders, their representatives, or with casual observers. No statements shall be issued by the bid opener or the contracting officer at a bid opening bearing on the award, the possibility of a readvertisement, mistakes in bids, etc. No oral instructions shall be given to bidders at any time during the opening. Protests of bidders and inquiries regarding the award of contract shall be referred to the head of the procuring activity or designee after the completion of the bid opening procedure. $9-2.406 Mistakes in bids. $9-2.406-3 Other mistakes disclosed before award. Pursuant to FPR 1-2.406-3(b), the senior procurement official, Headquarters, is delegated authority to make the determinations under FPR 1-2.406-3. In the case of mistakes in bids alleged after opening of bids and before award, the senior procurement official, Headquarters, has the power to redelegate this authority to heads of procuring activities, without power of redelegation, to make administrative determinations regarding withdrawal of bids as provided for in paragraphs (a)(1) and (3) of FPR 1-2.406-3 providing that each such determination shall be approved by legal counsel. $9-2.406-4 Disclosure of mistakes after award. The senior procurement official, Headquarters, has been delegated authority to make the determinations under FPR 1-2.406-4. Mistakes in bids after award, together with the data set forth in FPR 1-2.4064(f), shall be submitted to the senior procurement official, Headquarters. $9-2.407 Award. $9-2.407-8 Protests against award. (b) Protests before award. (3) The head of the procuring activity or designee shall obtain approval of the senior procurement official, Headquarters, to make an award where a protest has been submitted to the Comptroller General. 9-3.204 9-3.212 9-3.213 9-3.215 Treatment of proposal information. Disclosure outside Government. Information to unsuccessful offerors. Identification of proprietary data in proposals. Solicited proposals (including PON's and PRDA's). Unsolicited proposals. Required notice of right to request patent waiver. Circumstances permitting negotiation Scope of subpart. Public exigency. Personal or professional services. Purchases not to be publicly disclosed. Technical equipment requiring standardization and Otherwise authorized by law. Subpart 9-3.3 Determinations, findings, and authorities 9-3.301 9-3.302 9-3.303 General. Determinations and findings. Determinations and findings by the Head of the Agency. Subpart 9-3.4 Types of contracts 9-3.404-50 9-3.405-5 9-3.405-50 9-3.408 Lump-sum contract for architect-engineer services Cost-plus-a-fixed-fee contract. 90-136 O-77-5 Subpart 9-3.6 Small purchases 9-3.600 9-3.603-1 9-3.603-2 9-3.603-3 9-3.605-1 9-3.605-3 Subpart 9-3.8 9-3.800 9-3.801 9-3.801-2 9-3.802 9-3.805 9-3.805-1 9-3.805-50 9-3.805-51 9-3.807-1 9-3.807-3 9-3.808 9-3.808-1 9-3.808-2 9-3.808-50 9-3.808-51 9-3.808-52 9-3.809 9-3.814-1 9-3.850 Subpart 9-3.9 9-3.901 Scope of Subpart. Solicitation. Data to Support Small Purchases. Standard Form 44. ERDA order forms. Price Negotiation Policies and Techniques Scope. Basic Policy. Responsibility of contracting officers. Preparation for negotiation. Selection of offerors for negotiation and award. Selection procedures. Noncompetitive procurement. General. Cost or pricing data. Profit or fee. General. Factors for determining profit or fee. Contracts with not-for-profit organizations (other than educational institutions). Contracts with educational institutions. Contract audit as a pricing aid. Price reduction for defective cost or pricing data. Subcontracting policies and procedures General. $9-3.000 Scope of part. This part implements and supplements the policies and procedures governing procurement by negotiation set forth in FPR Part 1-3. Subpart 9-3.1 Use of Negotiation $9-3.102 Factors to be considered in negotiated contracts. In addition to other factors to be considered in FPR 1-3.102, the contracting officer must inquire of and secure complete information from the prospective contractor as to background patent applications and patents in order that a determination regarding need for a "background patents" provision can be made. $9-3.103 Dissemination of procurement information. (a) See 10 CFR Part 709, Public Records, for regulations relating to the availability of ERDA records to the public. $9-3.150 Proposal information. $9-3.150-1 General. Information contained in proposals will be used only for evaluation purposes except to the extent such information is generally available to the public, is already the property of the Government, or the Government already has unrestricted use rights, or is or has been made available to the Government from any source, including the proposer or offeror, without restriction. The term proposals as used in this section includes responses to program opportunity notices (PONs), program research and development announcements (PRDAs), and solicitations of a similar nature in addition to requests for Proposals (RFPs). As a practical matter, ERDA cannot assume any responsibility for disclosure or use of any such information unless it is identified by the proposer or offeror in accordance with this section. Unless a solicitation specifies otherwise, ERDA will not refuse to consider a solicited proposal or an unsolicited proposal merely because the proposal is restrictively marked. $9-3.150-2 Treatment of proposal information. (a) A proposal may include technical data and other data, including trade secrets and/or privileged or confidential commercial or financial information, which the proposer does not want disclosed to the public or used by the Government for any purpose other than proposal evaluation. To protect such data the proposer should identify each page specifically including each line or paragraph thereof containing the data to be protected and mark the cover sheet of the proposal with the following notice. NOTICE The data contained in pages of this proposal have been submitted in confidence and contain trade secrets and/or privileged or confidential commerical or financial information, and such data shall be used or disclosed only for evalution purposes, provided that if a contract is awarded to this proposer as a result of or in connection with the submission of this proposal, the Government shall have the right to use or disclose the data herein to the extent provided in the contract. This restriction does not limit the Government's right to use or disclose data obtained without restriction from any source, including the proposer. Reference to this notice on the cover sheet should be placed on each page to which the notice applies. Data, or abstracts of data, marked with this notice will be retained in confidence and used by ERDA or its designated representative(s), including Government contractors and consultants, as set forth in §9-3.150-4, below, solely for the purpose of evaluating the proposal. The data so marked will not otherwise be disclosed or used without the proposer's prior written permission except to the extent provided in any resulting contract, or to the extent required by law. Proposers should be aware of the provisions of §9-3.150-4 if they desire to modify the above notice or otherwise seek to limit the evaluation to the Government only. The restriction contained in the notice does not limit the Government's right to use or disclose any data contained in the proposal if it is obtainable from any source, including the proposer, without restriction. Although it is policy to treat all proposals as confidential, the Government assumes no liability for disclosure or use of unmarked data and may use or disclose such data for any purpose. See FPR 1-3.103(b) regarding disclosure to other offerors. (b) Should a contract be awarded based on a proposal, it is policy, in consideration of the award, to obtain unlimited rights for the Government in the technical data contained in the proposal unless the prospective contractor marks those portions of the technical information which he asserts as "proprietary data", or specifies those portions of such technical data which are not directly related to or will not be utilized in the work to be funded under the contract. "Proprietary data" is defined in §9-9.201(b) as technical data which embody a trade secret developed at private expense, such as design |