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mation concerning the identity of the specific sources solicited in a particular procurement shall be made available to the public prior to award. (36 FR 3061, Feb. 17, 1971; 42 FR 40201, Aug. 9, 1977)

Subpart 29-2.3–Submission of Bids

829-2.303-4 Telegraphic bids.

See 29-2.302. $ 29-2.303-7 Disposition of late bids.

A late bid returned to the bidder shall be accompanied by a brief statement from the contracting officer that the bid was not considered because of its late receipt. This statement is required even though the contracting officer has previously notified the bidder, in compliance with § 1-2.303-6 of this title, that the bid is not being considered. In addition, if the late bid had to be opened for identification or was opened by mistake, that fact shall be included in the statement from the contracting officer accompanying the returned bid. The envelope, in that case, shall be retained in accordance with § 29-2.401.

§ 29-2.301 Responsiveness of bids.

Any bid which is not signed by the bidder or the bidder's authorized representative shall be disregarded, except when it is accompanied by other evidence which demonstrates the bidder's intention to be bound by the unsigned bid document. Examples of such evidence are a bid guarantee or a letter (which does not qualify or otherwise render the bid non-responsive) signed by the bidder referring to and clearly identifying the bid itself. In such a case, the contracting officer may waive the deficiency as a minor informality or irregularity (see § 12.405 of this title) and shall document the file to so indicate. Under no circumstances shall a bid be rejected at bid opening merely because it bears in sufficient postage. [36 FR 3061, Feb. 17, 1971, as amended at 42 FR 40201, Aug. 9, 1977)

Subpart 29-2.4-Opening of Bids and Sui

Award of Contract

$ 29-2.302 Time of bid submission.

In order to comply with $$ 1-2.302 and 1-2.303-4 of this title, where a telegraphic bid is otherwise authorized by § 29-2.202-2 and is received by telephone under the circumstances described in § 1-2.302 of this title, the identity of the telegraph office employee calling in the bidder's message by telephone shall be obtained and recorded in the invitation for bid file.

92 $ 29-2.401 Receipt and safeguarding of

bids. To preserve bidders' confidence in the integrity of DOL's bidding system, the contracting officer shall retain in the file the envelope, wrapper, or other container (bearing the required documentation) of a bid which was opened by mistake or which was opened for purposes of identification. $29–2.402 Opening of bids.

The place selected for the opening of bids should be large enough to permit the attendance of any bidder who desires to be present at the opening. Where circumstances warrant, the contracting officer may limit contractor representation to one representative per supplier. At the bid opening, the person opening the bids shall not discuss the relative merits of any bid with the bidders, their representatives, or with casual observers. The individuals designated by DOL to conduct the bid opening are discouraged from making statements at the bid opening in response to inquiries concerning the award, e.g., DOL's intent with regard to the disposition of a bid irregularity, potential readvertisement and mistake in bid. Such questions shall instead be subsequently referred to the contract

$ 29–2.303 Late bids. $ 29-2.303-1 General.

The contracting officer may not alter the late bid regulations and procedures of § 1-2.303 of this title or in this § 29-2.303 in response to a bidder's argument either that the bid is only slightly late (e.g., several minutes) or that none of the other bidders has been prejudiced by the late bid. (42 FR 40201, Aug. 9, 1977)

ing officer for disposition. Bidders are or its accompanying documents, the cautioned that information obtained markings should not be erased or at bid openings from other than the eradicated; instead, the individual so contracting officer may only be relied marking the bid shall prepare a signed upon by the bidder at the bidder's own explanation of the marking for inserrisk. After the bids have been opened tion in the file for future reference, and read aloud to the bidders present, showing when, how, and why the notaan announcement shall be made that tion or markings were made. If the the opening of bids has been complet marked bid is accepted, explanation ed. Where feasible, all bidders will be with regard thereto should be made on notified, in writing and as soon as con- the statement of award. veniently possible, regarding the award.

$ 29-2.402-52 Postponement of bid open

ing before time set for opening. (36 FR 3061, Feb. 17, 1971, as amended at 42

(a) The contracting officer shall atFR 40201, Aug. 9, 1977)

tempt to reach a decision of postpone$ 29–2.402-50 Firm-bid rule.

ment sufficiently in advance of the

time set for opening so as to permit at Under the “firm-bid rule,” a bidder

least telephone notice to bidders of is bound after the bid opening by the

the postponement and avoid their fur. bid submitted and may not, in the ab

ther inconvenience. Telephone notice sence of the exceptions provided in

of a changed opening date must be the mistakes in bids procedures of $ 1

confirmed by written amendment in 2.406 of this title, withdraw the bid

accordance with § 1-2.207 of this title. prior to the time of award or until

(b) Bid openings shall be postponed after the expiration of the period pro

when a substantial portion of prospecvided in the bid for bid acceptance. It

tive bidders requests additional time is the Department's policy, on the

for filing their bids, or the contracting other hand, that it will not be bound

officer has reason to believe that the by its invitation for bids, except that if

specified opening date is not appropriit does make an award based on bids

ate or is not conducive to the maxisubmitted in response to its invitation,

mum practicable competition. it must award to that responsible sup

(c) Bid openings may be considered plier submitting the lowest responsive

for postponement by the contracting bid. Aside from that, however, the De- officer when that official has reason partment will not be bound by any bid

to believe that the bids from a subit receives. The Department's pre stantial portion of bidders have been ferred position is justified judicially on delayed in the mails for causes beyond the basis that laws concerning the ad- their control and without their fault vertising and award of public contracts

or negligence, such as flood, fire, accimay be construed as primarily for the

dent, heavy snow, or strikes. Government's own benefit and protection. Therefore, no bidder acquires

[36 FR 3061, Feb. 17, 1971, as amended at 42

FR 40201, Aug. 9, 1977) any enforceable rights from the Department until the valid acceptance of

$ 29-2.402-53 Timing of acceptance and the bid by an official authorized to do

withdrawals. so. The mere submission of a bid does

A bidder's letter withdrawing a bid is not, in and of itself, bestow a right or

not effective until it is received by the grant an interest in any prospective

Government whereas the Governprocurement.

ment's letter accepting the bid, when (42 FR 40201, Aug. 9, 1977)

written acceptance is required, is effec

tive when mailed. Therefore, a binding $ 29–2.402-51 Marking of bids.

contract is effected where acceptance Under no circumstances will any in- has been mailed by the contracting of. dividual make any marks or notation ficer before the letter from the bidder on the bid or its accompanying docu- advising of withdrawal of the bid is rements, except as authorized in § 29- ceived. This applies even though the 2.401. If, through error or for some bidder can furnish evidence that the other reason, marks are made on a bid letter of withdrawal was mailed prior

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$ 29–2.404-5 All or none qualifications.

The invitation for bids shall stipulate that all bids are solicited on an “all or none" basis except in highly unusual cases where the contracting officer can demonstrate with appropriate file documentation that it is in the Government's best interest to do otherwise. Generally, the Government's loss in flexibility when it includes this renunciation of its right to award on less than the full quantity bid upon, is more than offset by the Government's gain from the elimination of bidder uncertainty concerning the quantity to be awarded. A consequence of the elimination of this uncertainty is the elimination of any contingency factor in the price the bidder bids.

29-2.407-3 Discounts.

Invitations for bids involving the prospects of a trade-in, allowance, rebate, or credit due from the bidder to the Government shall provide that, when a prompt payment discount is offered, the discount will be computed on the gross purchase price, i.e., the price that obtains before reduction because of any amount due from the bidder to the Government. [36 FR 3061, Feb. 17, 1971, as amended at 42 FR 40201, Aug. 9, 1977)

$ 29–2.404-50 Multiple bidding.

When more than one bid is received from a person or firm, or affiliates thereof, in response to an invitation for bids, such bids shall be considered for award if responsive and otherwise acceptable. If the contracting officer determines that these bids would give such a bidder an unfair advantage over other bidders or would otherwise be prejudicial to the best interest of the Government, such bids shall be rejected. In a tie bid situation, only one of the multiple bids shall be considered in applying § 1-2.407-6 of this title.

$ 29–2.407-8 Protests against award.

(a) Protests before award. If, after bid opening but prior to award, à protest against award has been lodged and it is necessary to make an award before the matter is resolved, the contracting officer shall obtain and place in the file the written approval of the head of the agency. Prior to making an award, the head of the agency will inform the Comptroller General of the Department's intent to award and obtain advice from the Comptroller General concerning the status of the protest in accordance with § 1-2.4078(b) of this title.

(b) Protests after award. In the event of a protest after award, consideration of its merit and a determination regarding its resolution, including any required reports to the Comptroller General, shall be made by the head of the agency and, where required, Sec. 29-3.305-50 Class determinations and find

ings for negotiating authority.

that official shall obtain assistance from the Solicitor. (42 FR 40201, Aug. 9, 1977) $ 29–2.407-50 Award when only one bid is

received. When only one bid is received in response to an invitation for bids, such bid may be considered and accepted if the contracting officer makes a written determination that (a) the specifications used in the invitation were not unduly restrictive, (b) adequate competition was solicited and it could have been reasonably assumed that more than one bid would have been submitted, (c) the price is reasonable, and (d) the bid is otherwise in accordance with the invitation for bids. Such a determination shall be placed in the file.

Subpart 29-3.4—Types of Contracts 29-3.403 Selection of contract type. 29-3.404 Fixed-price contracts. 29-3.404-3 Fixed-price contract with esca

lation. 29-3.404-4 Fixed-price incentive contract. 29-3.404-7 Retroactive price redetermina

tion after completion. 29-3.405 Cost-reimbursement type con

tracts. 29-3.405-3 Cost-sharing contract. 29-3.405-4 Cost-plus-incentive-fee contract. 29-3.405-5 Cost-plus-a-fixed-fee contract. 29-3.405-50 Cost-plus-award-fee contract. 29-3.406 Other types of contracts. 29-3.406-1 Time and materials contract. 29-3.407 Additional incentives. 29-3.407-2 Contracts with performance in

centives. 29-3.408 Letter contract. 29-3.409 Indefinite delivery type contracts.

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Subpart 29-3.6—Small Purchases 29-3.502 Policy. 29-3.602-50 Purchasing authority. 29-3.603 Competition. 29-3.603-1 Solicitation. 29-3.603-2 Data to support small pur

chases. 29-3.604 Imprest funds (petty cash)

method. 29-3.604-3 Agency responsibilities. 29-3.604-4 Use of imprest funds. 29-3.604-5 Limitations. 29-3.604-6 Procurement and payment. 29-3.604-50 Designation of cashiers. 29-3.604-51 Instructions for cashiers. 29-3.604-52 Accountability of imprest

funds. 29-3.605 Purchase order forms. 29-3.605-3 Agency order forms. 29-3.605-50 Cancellation of purchase

orders. 29-3.605-51 Duplicate purchase orders. 29-3.606 Blanket purchase arrangements. 29-3.606-1 General. 29-3.606-3 Establishment of account. 29-3.606-4 Documentation.

Subpart 29-3.2-Circumstances Permitting

Negotiation 29-3.202 Public exigency. 29-3.203 Purchases not in excess of

$10,000. 29-3.204 Personal or professional services. 29-3.204-50 Criteria for determining

whether services are personal. 29-3.205 Services of educational institu

tions. 29-3.205-50 Limitations. 29-3.210 Impracticable to secure competi

tion by formal advertising. 29-3.210-50 Noncompetitive procurements. 29-3.211 Experimental, developmental, or

research work.

Subpart 29-3.7—Negotiated Overhead Rates 29-3.705 Procedure. 29-3.707 Cost-sharing rates and limitation

on overhead cost. 29-3.707-50 Overhead cost ceiling.

Subpart 29-3.3—Determinations, Findings, and

Authorities 29-3.302 Determinations and findings re

quired. 29-3.305 Form and requirements of deter:

minations and findings.

Subpart 29-3.8—Price Negotiation Policies and

Techniques 29-3.802 Preparation for negotiation. 29-3.805-50 Criteria for award.

Sec.

It should be noted that deviation from 29-3.805-51 Evaluation of technical propos the requirements in Part 1-3 of this als.

title and this Part 29-3 may be made 29-3.805-52 Competitive range.

for contracts on a class or individual 29-3.805-53 Conduct of discussions.

case basis with the prior written con29-3.805-54 Selection of contractor. 29-3.809 Contract audit as a pricing aid.

sent of the head of the agency for rea29-3.809-50 Procedures.

sons of program or other consider

ations, e.g., financial assistance proSubpart 29-3.9—Subcontracting Policies and grams. Such deviation shall be obProcedures

tained in accordance with the proce

dures in § 29-1.009 of this chapter. 29-3.903 Review and approval of contrac

tor's purchasing system and subcon (36 FR 11647, June 17, 1971, as amended at tracts.

42 FR 40201, Aug. 9, 1977) 29-3.903-2 Review and approval of subcontracts.

§ 29-3.101 General requirements for nego29-3.950 Subcontracting by cost-type prime

tiation. contractors. AUTHORITY: 63 Stat. 389, 80 Stat. 379; 5 $ 29-3.101-50 (Reserved] U.S.C. 301, 40 U.S.C. 486(c).

$ 29-3.101-51 Limitations on use of reSOURCE: 36 FR 11647, June 17, 1971, unless otherwise noted.

quests for quotations. NOTE: Nomenclature changes appear at 38

Standard Form 18, “Request for FR 15965, June 19, 1973.

Quotations,” illustrated in § 1-16.901

18, of this title, shall not be used by Subpart 29-3.1–Use of Negotiation

the contracting officer to solicit, from

prospective suppliers, formal legal $ 29-3.100 Scope of subpart.

offers which could be accepted by the

Government for purposes of creating $ 29-3.100-50 Other procedures applicable binding contracts. The limitations on to negotiated procurements.

the use of Standard Form 18 are set Generally, except where sections of out in § 1-16.201 of this title. Subparts 1-2.2 and 1-2.3 of this title

8 29–3.103 Dissemination of procurement and Subparts 29-2.2 and 29-2.3 of this chapter deal with aspects of bid solici

information. tation and submission peculiar to (a) During the interval between the formal advertising only (e.g., (a) the initiation of the request for proposals public bid opening, (b) the “formal and the making of an award, the limioffer” status of the bid as opposed to a tations on communication between proposal, and (c) the speoificity with DOL representatives, procurement which the item being procured can be

and otherwise, and prospective supplidescribed) those subparts shall be ap

ers shall be the same as those provided plicable to the solicitation and submis

in § 29-2.202-52 of this chapter for forsion of proposals for contracts to be

mally advertised solicitations. Moreeffected by negotiation. In addition,

over, no prospective supplier shall be within the above guidelines, the fol

given an advantage over competitors lowing sections shall also be applica

of advance knowledge that proposals ble:

are to be requested. Sec.

(b) The disclosure requirements of 29-2.105.. Solicitation for informational or

the Public Information Act, 5 U.S.C. planning purposes. 29-2.401... Receipt and safeguarding of bids.

552, do not operate to qualify this 1-2.401.. Do.

$ 29-3.103 nor the $ 1-3.103(b) bar 29-2.406-4........... .... Disclosure of mistakes after award.

against the disclosure of information. 1-2.406-4......

See Part 70 of Title 29 of the Code of 1-2.407-2.

Responsible bidder-
reasonableness of price.

Federal Regulations. 1-2.407-6.....

Equal low bids. 29-2.407-8......... Protests against award.

(36 FR 11647, June 17, 1971, as amended at 1-2.407-8..........

42 FR 40201, Aug. 9, 1977)

.............

...........

Do.

Do.

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