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and analysis of contract and subcontract actions for the purpose of determining whether the negotiations (1) were completely conducted, (2) were based on adequate information, (3) were in conformance with established policies and procedures and (4) resulted in a contract or subcontract (i) with a responsible contractor and (ii) that adequately protects the interests of the Government, including the reasonableness of the fixed-fee (if any) in cost-type procurements, the reasonableness of price in fixed-price type contracts or subcontracts including the reasonableness of intermediate or final repricing with comparison of the proposed price with the independent Government cost estimate, if applicable. With respect to awards resulting ing from formal advertising, review will include such matters determining the responsibility of the contractor, the reasonableness of the price of the proposed award, including comparison with the independent Government cost estimate, if applicable, the adequacy of competition, the advisability of rejecting all bids and readvertising or negotiating, and, in the case of a proposed award to other than the low bidder, whether such action is in the best interest of the Government.
(c) Method and extent of review. When a review is required by this Part 9-51 or for termination settlements, the contracting officer (or the contractor in case of subcontracts) shall submit a statement justifying the proposed action with such detailed information as may be required for an adequate review. Procedures for the submission of such statements shall be issued by each procuring activity. Contract review boards shall determine the overall reasonableness of proposed actions from the standpoint of protecting the interests of the Government. Such boards may vary the scope and extent of reviews according to the size and complexity of individual cases and other relevant fac
(d) Results of review. Contract review boards shall document the scope and extent of the review and submit written recommendations to heads of procuring activities (or to such other approving officials as may be appropriate) on each proposed contract or subcontract action reviewed. In the event the approving official departs from the recommendation of the review board, the basis for such action shall be appropriately documented in the files.
$9-51.303-2 Alternate review procedures,
Where it is impracticable to establish a contract review board, or where additional procedures are appropriate to supplement a contract review board, the following procedures shall be followed:
(a) Contracts and subcontracts to be entered into as a result of formal advertising and subcontracts which meet the criteria established in $9-50. 302.
(1) may be reviewed by such alternate procedures as may be prescribed by heads of procuring activities.
(b) Contracts and subcontracts other than those covered in paragraph (a) may be reviewed by such alternate procedures as may be prescribed by heads of procuring activities; provided :
(1) in the judgment of the heads of procuring activities concerned, supplement al procedures are necessary, or it is impract icable to establish a contract review board; (2) the alternate procedures assure
ure an adequate independent review of contract and subcontract actions; and
(3) the following principles are observed in establishing the alternate procedures :
(i) Contract or subcontract actions requiring review under a field office (or area office with respect to contract and subcontract actions within the approval authority of an area manager, in those instances where area managers have been delegated contracting or approval authority in excess of the independent review threshold established by the head of the procuring activity) to the fullest extent practicable shall be reviewed by the same reviewers regardless of the nature of the work under the individual contracts in order to assure continuity of experience and uniformity of treatment.
(ii) Reviewers shall have a broad background of business and contracting experience in private industry or Government.
(iii) Advice in specialized fields such as engineering, law, and accounting shall be readily available to the reviewers.
(iv) Reviewers shall not negotiate or assist in the negotiation of any contract or subcontract, including contractor selection, except when the contract or subcontract shall be subject to approval under $9-51.102, or where the approving authority shall determine that the reviewer's participation provides continuity of experience or is otherwise in the best interest of the Government.
(c) The requirement of $9-51.303-1 (b), (c), and (d), with respect to contract review boards shall be met.
Contracts or Subcontracts Requiring Advance Notice
$9-51.400 Scope of subpart.
Notice of intent to enter into contracts or subcontracts within the categories set forth below shall be required as indicated therein.
These requirements are not established for approval purposes but are for information only.
$9-51.401 Contracts let under long-term contract authority.
Heads of procuring activities shall advise the Controller, with a copy to the senior procurement official, Headquarters, of any intent to utilize the long-term contract authority provided by subsection u, section 161 of the Atomic Energy Act of 1954 as amended by Public Law 85-681 (72 Stat. 633). Such advance notice should be provided at an early stage of planning on any such proposed contract action.
$9-51.402 Advance notification of Subcontract
Advance notification shall be required, not withstanding the provisions of 9-3.9, when the subcontract will be placed noncompetitvely in excess of $25,000, intracompany in excess of $500, when it provides for direct reimbursement of costs in excess of $500.
The advance notice shall contain as a minimum: a description of work, estimated cost, type of contract or reimbursement provisions, and extent of anticipated competition. Such notification shall be forwarded to the contracting officer as soon as the information is known, which normally will be before solicitation. The contracting officer may at any time request additional information that must be furnished prior to award to award of the subcontract.
Subpart 9-51.5 Clearance of Forms for Collection of Information
$9-51.500 Scope of subpart.
This subpart sets forth requirements for the clearance of forms for collection of information with the Office of Management and Budget.
$9-51.501 Actions requiring clearance.
In accordance with the Federal Reports Act of 1942 (44 U.S.C. 3501 et seq.) and Office of Management and Budget Circular A-40, as revised, forms and reports under contracts and subcontracts which will result in the collection of information on identical items at the request of or for ERDA by the contractor or subcontractor, from 10 or more respondents (other than Federal employees) require clearance from the Assistant Director of the Office of Management and Budget in advance of the adaption or use of such forms or reports.'
$9-51.502 Procedure for obtaining clearance, extension of
clearance, or exemption.
Requests for clearance of forms or reports or material revision or change in previously approved forms or reports, extension of clearance beyond scheduled expiration date, or exemption from clearance shall be submitted to the senior procurement official, Headquarters, for coordination with and transmittal by the Controller to the Assistant Director of the Office of Management and Budget. Such requests shall be in the form and contain all of the pertinent information required by paragraphs 4, 5, 6, and 7 of OMB Circular A-40.
Subpart 9-51.6 Justification of Procurements
$9-51.600 Scope of subpart.
This subpart sets forth the type of information required for justification of procurements.
$9-51.601 Formal advertising.
Justification for formally advertised procurements shall consist of the information required by $9-1.313(c).
$9-51.602 Negotiated procurements.
This section is applicable to all negotiated contracts including including letter contracts, and modifications thereof involving additional supplies or services, except: (a) contracts or subcontracts for $10,000 or less, (b) orders against Federal Supply Schedules, (c) orders placed against other Government agencies, and (d) orders placed against other ERDA offices.
The justification of negotiated prime contracts shall be in the form of a narrative statement covering, to the extent applicable to the particular transaction, the general type of information as indicated in paragraphs (a) through (i). The scope and detail of information to be included in the contract file should generally be determined on the basis of the nature, dollar value, and complexity of the transaction involved.
(a) name and address of proposed contractor;
(b) location of plant or work-site for performance of the contract;
contract number, including amendment number if applicable;
name of prime contractor;
(e) nature of contract action (letter contract, conversion of letter contract, extension of existing contract, etc., as well as type of contract - cost, CPFF, incentive, etc.);
(f) a reference to the program basis for the contract, including scope of the work or description of supplies or services being procured, delivery or construction schedules, period of contract, quantities, unit prices, and total price or estimated cost. If the procurement action is a contract modification the relation to the program under the basic contract and the effect thereof should be shown;
a statement justifying the use of negotiation in lieu of formal advertising;
(h) if the procurement was non-competitive include the justification for non-competitive procurement required by 9-3.805-51. If the procurement was competitive, describe the methods of solicitation employed and the distribution and response to such solicitations or requests; and the basis upon which it is concluded that such solicitations or requests were sufficient to assure such full and free competition as is consistent with the procurement of the required supplies or services. This shall include:
(1) brief summary of the request for proposal used as a basis for solicitation;
(2) number of firms invited to submit proposals and a list of firms quoting, together with their respective quotations; and
(3) the reason for selection of the proposed contractor, when award is to be made to other than the low offeror or there is a wide margin between the acceptable quotation and other quotations received.
(i) the history of negotiations with the proposed contractor, including the consideration given to appropriate factors, and the basis upon which it is concluded that the results of the negotiations are advantageous to the Government. This shall include:
(1) brief summary or principal points involved in negotiation and the final results thereof, indicating price changes, if any, during negotiations and explanations therefor;
(2) comparison of the proposed contract with previous procurements of the same or similar supplies or services, including dates