tionships, and for determining the facts under contracts.

(b) Contracting Officers shall personally sign all contracts and modifications entered into by them. The signing of original contractual documents shall not be accomplished by facsimile stamps or by proxy. However, the use of reproduced signatures on reproduced copies after the Contracting Officers have manually signed the master and other originals is acceptable.

(c) Contracting Officers are responsible for the legal, technical, and administrative sufficiency of the contracts they make. To this end, they shall secure necessary legal, technical, and financial advice within ICA.

(d) Contracting Officers are responsible for assuring contract compliance on the part of the Contractor.

§ 19-1.5305 Contracting Officers' representatives.

(a) Any properly qualified Government employee or group of employees, may be designated to act as the Authorized Representative of a Contracting Officer. Such designation shall be in writing and shall define the scope and limitations of the Authorized Representative's authority.

(b) A designation authorized by this § 19-1.5305 may be made by instructions referring to particular contractual instruments or categories of instruments and may empower the Authorized Representative to take any or all action thereunder which could lawfully be taken by the Contracting Officer to the extent not specifically prohibited by the terms of the contractual instrument involved or this § 191.5305. In no event shall an Authorized Representative, by virtue only of his/her designation as such, be empowered to execute or agree to any contract or modification thereof; such powers must be specifically included as a part of, or supplement to, the designation.

(c) A Contracting Officer may assign administration of a specific contractual instrument to another Contracting Officer, provided the assignee Contracting Officer's delegated authority permits, and the Contractor shall be so notified. Such an assignment shall

§ 19-2.203 Methods of soliciting bids.

§ 19-2.203-1 Mailing or delivering to prospective 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 §1- 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 Contracting 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

ings shall be opened to business representatives, members of the press, and the general public and a record made of their attendance. The names of bidders or their representatives in attendance shall be recorded in the appropriate column of the Abstract of Bids.

(b) The information required to be abstracted on Agency Form IA-22, Abstract of Bids, shall be read aloud by the official in charge of the bid opening. Duplicate copies of bids shall be made available for public examination until the Abstract of Bids is completed and made available in lieu thereof. Bids submitted in an original only shall be made available for examination in accordance with § 1-2.402(c) of this title.

(c) The official in charge of a bid opening shall not discuss the relative merits of bids or issue any statements relative to award or mistakes in bids. Answers to protests of bidders and inquiries regarding award shall be deferred until after the completion of the bid opening and evaluations by the Contracting Officer.

§ 19-2.403 Recording of bids.

(a) Agency Form IA-22, Abstract of Bids, shall be used to record bids at the time and place of bid opening. Upon completion of the tabulation, normally within 24 hours, the bid opening officer shall certify on the abstract that he/she opened and read all bids received and verified all entries made therein. Late bids determined to be eligible shall be included on the abstract.

(b) Immediately upon mailing notices of awards, a copy of the abstract indicating the successful bidder(s) shall be delivered to the Policy and Procedures Branch for placement in the Abstract of Bid register where it shall be available for examination by the public. The original abstract with all related correspondence shall be placed in the official contract file.

(c) The invitation mailing list shall upon award, be coded to indicate action to be taken with respect to the master Bidders Mailing List. The original shall be placed in the official contract file and the duplicate delivered to the Policy and Procedures Branch. Lists shall be coded as follows:

§ 19-2.406-4 Disclosure of mistakes after award.

(a) The Chief, Contract and Procurement Division, is the designated authority to make administrative determinations with respect to mistakes disclosed after award.

(b) Whenever a mistake is alleged or disclosed after award and the Contracting Officer proposes the contract be rescinded or reformed, he/she shall furnish the Chief, Contract and Procurement Division, with the Contractor's statement, evidence, and the data set forth in § 1-2.406-4(f)(2) of this title, upon which to base a determination.

§ 19-2.407 Award.

§ 19-2.407-3 Discounts.

Offers of discounts for prompt payment in less than 20 calendar days will not be considered in the evaluation of bids.

§ 19-2.407-5 Other factors to be considered.

(a) Award to a bidder who offers to furnish foreign-made products will be dependent upon price factors mentioned in § 6.500 of this chapter.

(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, Contract 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.

Sec.

PART 19-3-PROCUREMENT BY NEGOTIATION

Subpart 19-3.1-Use of Negotiation

19-3.150 Selection of sources.

Subpart 19-3.3-Determinations, Findings, and

Authorities

19-3.305 Form and requirements of determination and findings.

Subpart 19-3.4-Types of Contracts

§19-3.405 Cost-reimbursement type contracts.

§ 19-3.405-5 Cost-plus-a-fixed-fee contract. (a)-(b) [Reserved]

(c) Limitations. (1) The "estimated cost of the contract, exclusive of the fee, as determined by the Agency head," required by section 304(b) of the Act (41 U.S.C. 254(b)), will be prepared in writing for signature by the Chief, Contract and Procurement Division.

(2) Indirect or overhead costs, in cost-plus-a-fixed-fee contracts, which are calculated as a stipulated percentage of direct labor or other costs, are prohibited except where there is a provision for a subsequent adjustment to the actual indirect costs.

§ 19-3.406 Other types of contracts.

§19-3.406-1 Time and materials contract. (a)-(b) [Reserved]

(c) Limitations. The determination, that no other type of contract will suitably serve, will be made in a memorandum with supporting findings for the contract file and signed by the Contracting Officer.

§ 19-3.408 Letter contract.

(a)-(b) [Reserved]

(c) Limitations. (1) The determination, that no other type of contract is suitable, will be made in a memorandum with supporting findings for the contract file and signed by the Chief of the Contract and Procurement Division.

(2) [Reserved]

(3) A letter contract should be superseded by a definitive contract within 3 months of the effective date of the letter contract. Any extension beyond 3 months must be approved by the Chief of the Contract and Procurement Division.

(4) The maximum liability of the Government under a letter contract shall not exceed 50 percent of the total estimated cost of the project or procurement as established by the head of the Agency, except upon a written determination with supporting findings, signed by the Chief of the

Contract and Procurement Division, that it is in the best interest of the Government.

§ 19-3.450 Oral contract.

Oral contracts may be made by an authorized Contracting Officer only, in cases of unusual urgency where delivery of a letter contract is not possible, if the agreement would otherwise be a valid written contract. The oral agreement must be reduced to writing as soon as possible and will be subject to the same Agency process of clearances and approvals as any other written contract. The exercise of this authority must be justified in a memorandum for the Chief of the Contract and Procurement Division, and a copy of the memorandum will be placed in the contract file.

[31 FR 10793, Aug. 13, 1966, as amended at 43 FR 28493, June 30, 1978]

Subpart 19-3.6-Small Purchases

§ 19-3.602 Policy.

Agency procurement personnel will be guided by Subchapter E of the Federal Property Management Regulations-Supply and ProcurementParts 101-25 through 101-31, as well as by Subpart 1-3.6 of this title and this Subpart 19-3.6.

§ 19-3.603 Competition.

§ 19-3.603-1 Solicitation.

(a)-(c) [Reserved]

(d) Quotations as a result of oral solicitation will re recorded on Form IA25 (Rev). Use of this form will not be required to document routine singleitem purchases which may be recorded on the requisition provided such record contains all information called for on Form IA-25.

§ 19-3.604 Imprest funds (petty cash) method.

§ 19-3.604-6 Procurement and payment.

(a) Small purchases utilizing imprest funds may be made only by employees designated as having such authority in accordance with the Agency's Manual of Operations and Administration.