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tionships, and for determining the define the extent to which part or all facts under contracts.

of the original Contracting Officer's (b) Contracting Officers shall per authority is transferred but shall not sonally sign all contracts and modifica- pass on to the successor any authoritions entered into by them. The sign ties which would exceed the limitaing of original contractual documents tions imposed on the successor by exshall not be accomplished by facsimile isting directives. stamps or by proxy. However, the use

(31 FR 10791, Aug. 13, 1966, as amended at of reproduced signatures on repro

43 FR 28493, June 30, 1978) duced copies after the Contracting Officers have manually signed the $19-1.5306 Responsibility for assuring the master and other originals is accept- availability of funds. able.

Prior to the incurrence of an obliga(c) Contracting Officers are respon

tion, Contracting Officers shall assure sible for the legal, technical, and ad

themselves that adequate funds are ministrative sufficiency of the con

available. tracts they make. To this end, they shall secure necessary legal, technical,

§ 19-1.5307 Standards of conduct. and financial advice within ICA. (d) Contracting Officers are respon

All personnel engaged in procuresible for assuring contract compliance

ment and related activities shall conon the part of the Contractor.

duct business in a manner above re

proach in every respect. Transactions § 19–1.5305 Contracting Officers' repre relating to expenditure of public funds sentatives.

require the highest degree of public

trust to protect the interests of the (a) Any properly qualified Government employee or group of employees,

Government. While many Federal may be designated to act as the Au

laws and regulations place restrictions thorized Representative of a Contract

on the actions of governmental pering Officer. Such designation shall be

sonnel, the latter's official conduct in writing and shall define the scope

must, in addition, be such that the inand limitations of the Authorized Rep

dividual would have no reticence resentative's authority.

about making a full public disclosure (b) A designation authorized by this

thereof. $ 19-1.5305 may be made by instructions referring to particular contrac

PART 19-2-PROCUREMENT BY tual instruments or categories of in

FORMAL ADVERTISING struments and may empower the Authorized Representative to take any or

Subpart 19-2.2—Solicitation of Bids all action thereunder which could law Sec. fully be taken by the Contracting Offi 19-2.203 Methods of soliciting bids. cer to the extent not specifically pro 19-2.203-1 Mailing or delivering to prospechibited by the terms of the contrac tive bidders. tual instrument involved or this $ 19

for bids and 1.5305. In no event shall an Author

records of bids.

19-2.205 Bidders mailing lists. ized Representative, by virtue only of

19-2.205-1 Establishment of lists. his/her designation as such, be empowered to execute or agree to any

Subpart 19-2.3-Submission of Bids contract or modification thereof; such powers must be specifically included

19-2.304 Modification or withdrawal of as a part of, or supplement to, the des bids. ignation. (c) A Contracting Officer may assign

Subpart 19-2.4—Opening of Bids administration of a specific contrac

19-2.401 Receipt and safeguarding of bids. tual instrument to another Contract

19-2.402 Opening of bids. ing Officer, provided the assignee Con

19-2.403 Recording of bids. tracting Officer's delegated authority 19-2.406 Mistakes in bids. permits, and the Contractor shall be 19-2.406-3 Other mistakes disclosed before so notified. Such an assignment shall award.

19-2,204 Reco

totiy

ment of additional lists for anticipated requirements of nonlisted commodities or services and furnish the names and addresses of prospective bidders. (31 FR 10792, Aug. 13, 1966, as amended at 43 FR 28493, June 30, 1978)

Sec. 19-2.406-4 Disclosure of mistakes after

award. 19-2.407 Award. 19-2.407-3 Discounts. 19-2.407-5 Other factors to be considered. 19-2.407-7 Statement and certificate of

award. 19-2.407-8 Protests against award.

AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).

SOURCE: 31 FR 10792, Aug. 13, 1966, unless otherwise noted.

Subpart 19-2.2—Solicitation of Bids

Subpart 19-2.3—Submission of Bids $ 19-2.304 Modification or withdrawal of

bids. (a) Bid modifications received prior to time of opening shall be processed in the same manner as bids and shall be attached to the bid envelope.

(b) The receipt required for withdrawal of a bid (see § 1-2.304 of this title) shall read as follows:

I certify that I am a bona fide, fully authorized o agent, o official, o employee, O representative of

§ 19-2.203 Methods of soliciting bids.

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8 19-2.203-1 Mailing or delivering to pros

pective bidders. The initial distribution of invitations for bids and preinvitation notices shall be made to firms on Agency bidders mailing lists and to all others whom the Contracting Officer may select. $ 19-2.204 Records of invitations for bids

and records of bids. Each branch of the Contract and Procurement Division shall maintain a record of each invitation for bids issued and distributed by it as well as a record of all bids. The prospective bidders listed for each invitation shall be furnished with applicable amendments or notices, and a record will be kept of their distribution. Records of bids shall be kept in accordance with the procedures set forth in 81-2.403. $ 19–2.205 Bidders mailing lists. § 19–2.205-1 Establishment of lists.

Bidders mailing lists shall be established and maintained by the Policy and Procedures Branch for use in all Agency procurement activities and requirement offices. Lists shall include all eligible and qualified bidders who have requested listing or whom Con tracting Officers consider eligible and qualified to furnish the requirements of a particular procurement. The latter shall be requested to submit a completed Standard Form 129 and an Agency Form IA-407, Commodity and Service Code Lists. Agency procurement activities and requirement offices should recommend the establish

$ 19-2.401 Receipt and safeguarding of

bids. (a) All bid envelopes or modifications thereto shall be date stamped immediately upon receipt and then promptly delivered unopened to the issuing office. Bids received by the issuing office from the mail room shall be recorded on the applicable mailing list and kept in a locked cabinet until the time for public opening of bids. Bids delivered by messenger shall be marked by the recipient with the date and time of receipt.

§ 19-2.402 Opening of bids.

(a) Public bid openings shall be held at the time and place announced in invitations for bids by the Contracting Officer or his/her designee. Bid open

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ings shall be opened to business repre

Code

Received award. sentatives, members of the press, and

Submitted a bid .. the general public and a record made Submitted a late bid (returned)....... of their attendance. The names of bid. Failed to respond.

Failed to bid, retain ....... ders or their representatives in attend.

New, place on list.......... ance shall be recorded in the appropri. ate column of the Abstract of Bids.

In the event of a split award, all sucb) The information required to be cessful bidders shall be coded "A." abstracted on Agency Form IA-22, Ab- (31 FR 10792, Aug. 13, 1966, as amended at stract of Bids, shall be read aloud by

43 FR 28493, June 30, 1978) the official in charge of the bid opening. Duplicate copies of bids shall be $ 19–2.406 Mistakes in bids. made available for public examination until the Abstract of Bids is completed

8 19–2.406-3 Other mistakes disclosed and made available in lieu thereof.

before award. Bids submitted in an original only (a) The Chief, Contract and Proshall be made available for examina- curement Division, is the designated tion in accordance with $ 1-2.402(c) of authority to make administrative dethis title.

terminations regarding withdrawal or (c) The official in charge of a bid correction of bids. opening shall not discuss the relative (b) Evidence in support of an alleged merits of bids or issue any statements mistake, together with the data set relative to award or mistakes in bids. forth in § 1-2.406-3(d)(3) of this title, Answers to protests of bidders and in will be referred to the Chief, Contract quiries regarding award shall be de- and Procurement Division, for a deterferred until after the completion of mination. the bid opening and evaluations by the Contracting Officer.

§ 19-2.406-4 Disclosure of mistakes after

award. $ 19-2.403 Recording of bids.

(a) The Chief, Contract and Pro(a) Agency Form IA-22, Abstract of curement Division, is the designated Bids, shall be used to record bids at authority to make administrative dethe time and place of bid opening. terminations with respect to mistakes Upon completion of the tabulation, disclosed after award. normally within 24 hours, the bid (b) Whenever a mistake is alleged or opening officer shall certify on the ab- disclosed after award and the Constract that he/she opened and read all tracting Officer proposes the contract bids received and verified all entries be rescinded or reformed, he/she shall made therein. Late bids determined to furnish the Chief, Contract and Probe eligible shall be included on the ab curement Division, with the Contracstract.

tor's statement, evidence, and the data (b) Immediately upon mailing no. set forth in § 1-2.406-4(f)(2) of this tices of awards, a copy of the abstract title, upon which to base a determinaindicating the successful bidder(s) tion. shall be delivered to the Policy and Procedures Branch for placement in

8 19–2.407 Award. the Abstract of Bid register where it shall be available for examination by

$ 19–2.407–3 Discounts. the public. The original abstract with Offers of discounts for prompt payall related correspondence shall be ment in less than 20 calendar days will placed in the official contract file. not be considered in the evaluation of

(c) The invitation mailing list shall bids. upon award, be coded to indicate action to be taken with respect to the § 19-2.407–5 Other factors to be considmaster Bidders Mailing List. The origi

ered. nal shall be placed in the official con- (a) Award to a bidder who offers to tract file and the duplicate delivered furnish foreign-made products will be to the Policy and Procedures Branch. dependent upon price factors menLists shall be coded as follows:

tioned in $ 6.500 of this chapter.

Subpart 19-3.4-Types of Contracts Sec. 19-3.405 Cost-reimbursement type con

tracts. 19-3.405-5 Cost-plus-a-fixed-fee contract. 19-3.406 Other types of contracts. 19-3.406-1 Time and materials contract. 19-3.408 Letter contract. 19-3.450 Oral contract.

Subpart 19-3.6—Small Purchases

(b) A bid which is qualified or deviates from the specifications of a single item need not be rejected provided the invitation does not restrict the Agency's right to award by item. Certain items or groups of items may be rejected as nonresponsive, whereas those which are not qualified or do not deviate from the specifications may be considered for award. $ 19-2.407-7 Statement and certificate of

award. When an award is to be made to other than the low bidder, the names of all low bidders and the amounts of their bids shall be listed on Standard Form 1036 or similar Agency form. The Contracting Officer shall also state the reason for rejection of each lower bid and acceptance of the higher offer. (43 FR 28493, June 30, 1978) § 19-2.407–8 Protests against award.

(a) In the event that a protest against the making of an award has been lodged directly with the Comptroller General, a determination to make an award pursuant to § 1-2.4078(b)(3) of this title by the Contracting Officer will be made only upon receipt of written approval of the Chief. Con tract and Procurement Division.

(b) When a protest is received after award of a contract, the Contracting Officer will prepare a statement with respect to all the pertinent facts in the case and prepare a reply to the protest. The reply will be submitted for the concurrence of the Chief, Contract and Procurement Division, and the Office of the General Counsel. PART 19-3—PROCUREMENT BY

NEGOTIATION Subpart 19-3.1—Use of Negotiation Sec. 19-3.150 Selection of sources. Subpart 19-3.3—Determinations, Findings, and

Authorities

19-3.602 Policy. 19-3.603 Competition. 19-3.603-1 Solicitation. 19-3.604 Imprest funds (petty cash)

method. 19-3.604-6 Procurement and payment. 19-3.605 Purchase order forms. 19-3.605-3 Agency order forms. 19-3.606 Blanket purchase arrangements. 19-3.606-5 Agency implementation.

AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).

SOURCE: 31 FR 10793, Aug. 13, 1966, unless otherwise noted.

Subpart 19–3.1–Use of Negotiation

$ 19-3.150 Selection of sources.

In the selection of sources for requests for proposals, procurement personnel will use the bidders mailing lists to the fullest extent and will be guided by $19-2.205 of this chapter.

Subpart 19-3.3—Determinations,

Findings, and Authorities

$ 19-3.305 Form and requirements of de

terminations and findings. (a) The form of determinations and findings is not prescribed beyond the requirements in § 1-3.305 of this title except that they must all be in writing and signed by an Agency official. Any determination and findings signed by an official other than the Contracting Officer will be initialed by the Contracting Officer when inserted in a contract file as a supporting document.

19-3.305 Form and requirements of deter

mination and findings.

Subpart 19-3.4—Types of Contracts

Contract and Procurement Division,

that it is in the best interest of the 8 19-3.405 Cost-reimbursement type con

Government. tracts.

§ 19-3.450 Oral contract. 8 19-3.405-5 Cost-plus-a-fixed-fee contract. Oral contracts may be made by an (a)-(b) (Reserved)

authorized Contracting Officer only, (c) Limitations. (1) The “estimated in cases of unusual urgency where decost of the contract, exclusive of the livery of a letter contract is not possifee, as determined by the Agency ble, if the agreement would otherwise head,” required by section 304(b) of be a valid written contract. The oral the Act (41 U.S.C. 254(b)), will be pre- agreement must be reduced to writing pared in writing for signature by the as soon as possible and will be subject Chief, Contract and Procurement Divi- to the same Agency process of clearsion.

ances and approvals as any other writ(2) Indirect or overhead costs, in ten contract. The exercise of this aucost-plus-a-fixed-fee contracts, which thority must be justified in a memoare calculated as a stipulated percent. randum for the Chief of the Contract age of direct labor or other costs, are and Procurement Division, and a copy prohibited except where there is a pro- of the memorandum will be placed in vision for a subsequent adjustment to the contract file. the actual indirect costs.

(31 FR 10793, Aug. 13, 1966, as amended at § 19–3.406 Other types of contracts.

43 FR 28493, June 30, 1978) § 19-3.406-1 Time and materials contract.

Subpart 19-3.6—Small Purchases (a)–(b) (Reserved)

(c) Limitations. The determination, $19-3.602 Policy. that no other type of contract will

Agency procurement personnel will suitably serve, will be made in a memorandum with supporting find.

be guided by Subchapter E of the Fedings for the contract file and signed by

eral Property Management Regulathe Contracting Officer.

tions-Supply and Procurement

Parts 101-25 through 101-31, as well § 19-3.408 Letter contract.

as by Subpart 1-3.6 of this title and

this Subpart 19-3.6. (a)-(b) [Reserved) (c) Limitations. (1) The determina

§ 19-3.603 Competition. tion, that no other type of contract is suitable, will be made in a memoran- $19-3.603-1 Solicitation. dum with supporting findings for the contract file and signed by the Chief

(a)-(c) (Reserved) of the Contract and Procurement Divi. (d) Quotations as a result of oral sosion.

licitation will re recorded on Form IA(2) (Reserved)

25 (Rev). Use of this form will not be (3) A letter contract should be super required to document routine singleseded by a definitive contract within 3 item purchases which may be recorded months of the effective date of the on the requisition provided such letter contract. Any extension beyond record contains all information called 3 months must be approved by the for on Form IA-25. Chief of the Contract and Procurement Division.

$ 19-3.604 Imprest funds (petty cash) (4) The maximum liability of the method. Government under a letter contract shall not exceed 50 percent of the

$ 19-3.604-6 Procurement and payment. total estimated cost of the project or (a) Small purchases utilizing imprest procurement as established by the funds may be made only by employees head of the Agency, except upon a designated as having such authority in written determination with supporting accordance with the Agency's Manual findings, signed by the Chief of the of Operations and Administration.

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