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Findings (List in chronological order the information required by FAR 14.406, including a numerical list of exhibits)

Determination Based on the above findings, I hereby determine in accordance with FAR (14.4063 (a) or (b), (c), (d), (g) or 14.406-4) that (include an appropriate statement indicating the determination to permit withdrawal, correction, etc.).

(c) If partial award is made to a bidder and additional items are being withheld for possible subsequent award to the same bidder, any subsequent award during the bid acceptance period must be made using SF-30, Amendment of Solicitation Modification of Contract (except see 519.502-3(b) regarding partial set-asides). The authority cited in paragraph 13D of SF-30 for the subsequent award will be FAR 14.407– 1(c)(4).

Contracting Officer (For determinations under FAR 14.406-3(g)(5) or 14.406-4)

Date

or

Contracting Director (For determinations under FAR 14.406-3 (a), (b), (c) or (d))

514.407-2 Responsible bidder-reason

ableness of price. (a) A single bid, received in response to a solicitation, may be considered and accepted if (1) the specifications used in the invitation were not restrictive, (2) adequate competition was solicited,(3) the price is reasonable, and (4) the bid is otherwise consistent with the solicitation.

(b) The basis for price reasonableness must be established, if possible, from data or information which is available to the contracting officer without contacting the bidder.

Date I reviewed the above case as to form, technical accuracy of the proposed determination, and the general accuracy of the supporting evidence and approve it as to legal sufficiency.

Assigned Counsel

Date (c) Legal review and approval. Assigned counsel must approve determinations by the contracting director and contracting officer regarding mistakes in bid. (57 FR 14649, Apr. 22, 1992)

514.407-6 Equal low bids.

In resolving a tie-bid situation, the status of the bidders (small/large/labor surplus area) on the date the bid was signed is controlling. 514.407-7 Documentation of award.

Documentation included in the contract file must include the number of firms solicited and the GSA Form 1535, Recommendation for Award(s), or similar document (see also 514.404–2).

514.4064 Mistakes after award.

Determinations by the contracting officer must be prepared in the format at 514.406-3(b) and reviewed and approved by the Contracting Director and assigned counsel.

514.407-70 Preaward inquiries.

(a) Responses to preaward inquiries should be limited to a statement that the award decision is pending and agency policy prohibits release of additional information.

(b) Actions or discussions that may create false impressions in the eyes of prospective contractors about pending awards must be avoided.

514.407 Award.

514.407-1 General.

(a) Notice of award may be made by facsimile transmission when approved by the HCA. Oral notices shall not be used.

(b) In addition to the requirements in FAR 14.407-1(c)(5), notice of award must identify the solicitation, the item(s) awarded, the contract number, and the effective date of the award.

514.407-71 Awards involving related

cases referred to higher authority. When a case is to be or has been referred to higher authority for review, any action which might prejudice the freedom of the higher authority to act on that case must be avoided. This includes partial awards to the same bidder under the same solicitation.

PART 515-CONTRACTING BY

NEGOTIATION

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514.407-72 Forms for recommending

award(s) (Supplies and services). GSA Form 1535, Recommendation for Award(s), and GSA Form 1535-A, Recommendation for Award(s), Continuation Sheet, must be used to document all proposed awards (except construction contracts) exceeding $25,000. The use of the form for awards of $25,000 or less is at the discretion of the contracting activity. One or more awards may be set forth on each form. All information pertinent to the recommendation must be furnished on the form. The checklist on the back of the form must be completed.

Subpart 515.4–Solicitation and Receipt of

Proposals and Quotations

515.402 General. 515.403 Solicitation mailing lists. 515.405 Solicitations for information or

planning purposes. 515.405-1 General. 515.406 Preparing requests for proposals

(RFP's) and requests for quotations

(RFQ's). 515.406-1 Uniform contract format. 515.408 Issuing solicitations. 515.411 Receipt of proposals and quotations. 515.411-70 Recording of offers. 515.412 Late proposals and modifications. 515.414 Forms. 515.414-70 GSA Forms.

514.408 Information to bidders.

514.408-1 Award of unclassified con

tracts. The GSA Form 3577, Notification of Contract Award, may be used to notify all unsuccessful bidders other than(a) any apparent low bidder(s) or (b) unsuccessful bidders from designated countries for acquisitions subject to the Trade Agreements Act.

Subpart 515.5-Unsolicited Proposals

515.501 Definitions. 515.504 Advance guidance. 515.506 Agency procedures. 515.506-1 Receipt and initial review. 515.506–2 Evaluation.

Subpart 515.6–Source Selection

514.408470 Restriction on disclosure of

inspection or test data. Before award, no inspection or test data, whether prepared by the Government or an outside inspection or testing agency, shall be disclosed to anyone other than Government officials requiring access to such information in connection with bid evaluation. For requests received after award, see FAR 14.408–1(e).

515.608 Proposal evaluation. 515.608–70 Rejection of all proposals. 515.608-71 Discounts for prompt payment. 515.612 Formal source selection.

Subpart 515.8-Price Negotiation 515.803 General. 515.804 Cost or pricing data. 515.804–2 Requiring certified cost or pricing

data. 515.804-3 Exemptions from or waiver of sub

mission of certified cost or pricing data. 515.804-6 Procedural requirements. 515.805 Proposal analysis. 515.805–5 Field pricing support.

514.471 Multiple bidding.

(a) All bids received from a person, firm, or its affiliates must be considered for award if responsive and otherwise acceptable.

(b) Any bid offering two or more products for the same item received from the same bidder may be accepted if it is the lowest received and meets all requirements of the solicitation.

Subpart 515.9-Profit

515.902 Policy. 515.905 Profit-analysis factors. 515.905–1 Common factors. 515.905–70 Nonprofit organizations.

Subpart 515.10—Preaward, Award, and

Postaward Notifications, Protest, and
Mistakes

515.170 Authorization and approval.

Requirements for review and approval of contracts are in GSA Order, Contract Clearance (APD 2800.1B).

515.1001 Notification to unsuccessful

offerors. 515.1070 Release of information concerning

unsuccessful offerors.

Subpart 515.4-Solicitation and

Receipt of Proposals and
Quotations

Subpart 515.70-Use of Bid Samples

515.7000 Scope of subpart.
515.7001 General.
515.7002 Policy.
515.7003 Procedural requirements.

AUTHORITY: 40 U.S.C. 486(c).

SOURCE: 54 FR 26521, June 23, 1989, unless otherwise noted.

Subpart 515.1-General Requirements for Negotiation

515.402 General.

(a) An oral solicitation is not justified solely because the acquisition is being made under the authority of FAR 6.302–2, Unusual and Compelling Urgency.

(b) Oral solicitations, other than those authorized for small purchases (See 513.106(b) and 513.106–70), may only be used under the conditions prescribed in FAR 15.402(f), with prior approval of the contracting officer.

(c) Contracting officers may authorize facsimile proposals (see FAR 15.407(j)) after considering the factors outlined in FAR 15.402(i), provided that facsimile equipment is available in the office designated to receive proposals, and procedures and controls have been established for receiving and safeguarding incoming proposals. (54 FR 26521, June 23, 1989, as amended at 55 FR 20458, May 17, 1990)

515.106 Contract clauses.

515.403 Solicitation mailing lists.

Source lists for negotiated acquisitions must be established, maintained, and used in accordance with FAR 14.205 and 514.205.

re

515.106-70 Examination of records by

GSA clause. The contracting officer shall insert the clause at 552.215–70, Examination of Records by GSA, in solicitations and contracts that (a) involve the use or disposition of Government-furnished property, (b) provide for advance payments, progress payments based on cost, or guaranteed loan, (c) contain a price warranty or price reduction clause, (d) involve income to the Government where income is based on operations that are under the control of the contractor, (e) include an economic price adjustment clause, (f) are quirements, indefinite-quantity, or letter type contracts as defined in FAR Part 16, (g) are subject to adjustment based on a negotiated cost escalation base or (h) contain the provision at FAR 52.223-4, Recovered Materials Certification. The contracting officer may modify the clause to define the specific area of audit (e.g., the use or disposition of Government-furnished property, compliance with the price reduction clause). Counsel and the Assistant Inspector General-Auditing or Regional Inspector General-Auditing, as appropriate, must concur in any modifications to the clause.

515.405 Solicitations for information

or planning purposes.

515.405-1 General.

Solicitations for information or planning purposes must be approved by the contracting director. 515.406 Preparing requests for propos

als (RFP's) and requests for quotations (RFQʻs).

515.406-1 Uniform contract format.

(a) Leases of real property are exempted from the requirement for use of the uniform contract format.

(b) All contracts, including leases of real property, must include the following notice:

The information collection requirements contained in this solicitation/contract that are not required by regulation have been ap proved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned OMB Control No. 3090 0163. (54 FR 26521, June 23, 1989, as amended at 57 FR 61584, Dec. 28, 1992)

515.408 Issuing solicitations.

Potential sources, as used in FAR 15.403 and 15.408, include the incumbent contractor (except when its written response to the contracting activity's notice of contract action under FAR subpart 5.2 states a negative interest) and should include offerors that responded to recent solicitations for the same or similar items.

15.1001 regarding disclosure of information. 515.412 Late proposals and modifica

tions. (a) Contracting officers in the Federal Supply Service have been authorized to deviate from the FAR provision at 52.215–10, Late Submissions, Modifications, and Withdrawals of Proposals in solicitations for multiple award schedules by deleting paragraph (a)(3). The effect of this deviation is to establish the closing date for receipt of proposals in block 9 of the Standard Form 33, Solicitation, Offer and Award, as a firm cut-off date for receipt of proposals. Any proposal received at the office designated in the solicitation after the exact time specified for receipt will not be considered unless it qualifies under paragraph (a)(1), (a)(2), or (b) of FAR 52.215-10.

(b) When contracting officers deviate from the FAR provision as outlined in paragraph (a) of this section, no additional special item numbers may be added to the proposal after the firm cut-off date established for receipt of proposals. However, additional products and/or models may be added when the item offered falls under a Special Item Number originally submitted in a timely manner.

(56 FR 47005, Sept. 17, 1991)

515.411 Receipt of proposals and

quotations. (a) Solicitations should provide for proposals and modifications to proposals to be submitted to the appropriate contracting office unless arrangements have been made with the local Business Service Center (BSC) for receipt and safeguarding of proposals by the BSC.

(b) Classified proposals and quotations must be handled under FAR 15.411, GSAR subpart 504.4, and the requirements of GSA Order, Freedom of Information Act procedures (ADM 1035.11B). (54 FR 26521, June 23, 1989, as amended at 56 FR 47005, Sept. 17, 1991)

515.414 Forms.

If partial award is made to an offeror and additional items are being withheld for possible subsequent award to the same offeror, any subsequent award must be made using SF-30, Amendment of Solicitation Modification of Contract (except see FAR 15.1002 regarding notification to the successful offeror and GSAR 519.502–3(b) regarding partial set-asides). The authority cited in paragraph 13D of SF-30 for subsequent awards will be GSAR 515.414.

(55 FR 48847, Nov. 23, 1990)

515.411-70 Recording of offers.

The GSA and/or Standard Forms prescribed for abstracting bids in sealed bidding may be used to abstract proposals or quotations submitted in connection with competitively negotiated procurements where more than one offer is received in response to the solicitation. (See FAR 4.803(a)(10).) The forms may be appropriately modified to include all of the information necessary for evaluation. Abstracts must not be provided to the Business Service Center or disclosed except as provided in 515.1070. See FAR 15.411, 15.413 and

515.414-70 GSA Forms.

(a) The GSA Form 1602, Notice Concerning Your Solicitation for Offers, may be used to (1) describe the type of contract, the duration of the contract, and the type of supplies or services being procured; (2) direct the attention of prospective offerors to special requirements that, if overlooked, may re

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sult in rejection of the offer; (3) highlight significant changes from previous solicitations covering the same supplies or service; and (4) include other special notices as appropriate. The GSA Form 1602 is not part of the solicitation or resulting contract.

(b) The GSA Form 3503, Representations and Certifications, may be used in solicitations and contracts, except leases of real property.

(c) The GSA Form 3502, Solicitation Provisions (Negotiated), may be used when offers are solicited using Standard Forms 33, 1442 or 1447.

(d) The GSA Form 3504, Service Contract Clauses, the GSA Form 3506, Construction Contract Clauses, or the GSA Form 3507, Supply Contract Clauses, may be used in solicitations and contracts that exceed the small purchase threshold. The GSA Form 3504 may also be used for small purchases when a two-party contract form is used to make a small purchase. (54 FR 26521, June 23, 1989, as amended at 55 FR 20458, May 17, 1990; 55 FR 48847, Nov. 23, 1990; 57 FR 61584, Dec. 28, 1992)

515.506-1 Receipt and initial review.

The contact point shall promptly (a) acknowledge receipt of the proposal and provide the name, business address, and telephone number of the individual who will evaluate the proposal, or (b) notify the offeror that the proposal does not meet the requirements of FAR 15.506-1(a) and provide an opportunity to submit the data. 515.506-2 Evaluation.

The evaluation must be completed as soon as practicable (normally within 45 calendar days). The results of the evaluation should be communicated to the submitter with a copy to the coordinating office.

Subpart 515.6-Source Selection

Subpart 515.5-Unsolicited

Proposals

515.608 Proposal evaluation. 515.608–70 Rejection of all proposals.

HCA may reject all proposals received in response to a solicitation under FAR 15.608(b). This authority may be redelegated. Written documentation citing the reasons for rejecting proposals must be included in the contract file.

518.501 Definitions.

Coordinating office, as used in this subpart, means the:

(1) Director of the Office of GSA ACquisition Policy,

(2) Assistant Commissioner, Office of Commodity Management, FSS,

(3) Assistant Commissioner, Office of Information Resources Procurement, IRMS,

(4) Assistant Commissioner, Office of Procurement, PBS, or

(5) Director, Regional Acquisition Management Staff. The Director of the Office of GSA ACquisition Policy serves as the coordinating office for Central Office activities outside of FSS, IRMS, and PBS. (55 FR 48848, Nov. 23, 1990)

515.608-71 Discounts for prompt pay.

ment. The policy of not considering discounts in the evaluation of offers applies where there is direct competition between two or more offerors for a single award. It does not apply to procurements where the evaluation process involves a comparison of the offeror's price to the Government with the offeror's price to its other customers. Accordingly, the policy in FAR 14.407– 3 does not apply to multiple award schedule solicitations except in those instances where offers are received on identical products. The clause at 552.232-8, Discounts for Prompt Payment, specifies the extent to which discounts for prompt payment will be con

515.504 Advance guidance.

Potential offerors should be encouraged to make preliminary contacts with coordinating offices before submitting a detailed unsolicited proposal or proprietary data.

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