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responsive, 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 the Statement and Certificate of Award, Standard Form 1036. The Contracting Officer also shall state, on the Standard Form 1036, the reason for rejection of each lower bid and acceptance of the higher offer. $ 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 § 1-2.407-8(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.
Review and Procedures Staff. Lists shall be coded as follows:
Code Received award.
А Submitted a bid.
B Submitted a late bid (returned)
L Failed to respond-Failed to bid, retain.
XR New, place on list
N In the event of a split award, all successful bidders shall be coded "A." $ 19–2.406 Mistakes in bids. § 19–2.406-3 Other mistakes disclosed
before award. (a) The Chief, Contract and Procurement Division, is the designated authority to make administrative determinations regarding withdrawal or correction of bids.
(b) Evidence in support of an alleged mistake, together with the data set forth in § 1-2.406–3(d) (3) of this title, will be referred to the Chief, Contract and Procurement Division, for a determination. § 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(b) Whenever a mistake is alleged or disclosed after award and the Contracting Officer proposes the contract be rescinded or reformed, he shall furnish the Chief, Contract and Procurement Division, with the Contractor's statement, evidence, and the data set forth in § 12.406–4(f)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 con
sidered. (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 non
PART 10–3–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 19-3.305 Form and requirements of de
termination and findings. Subpart 19–3.4—Types of Contracts 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 19-3.602 Policy. 19-3.603 Competition. 19-3.603-1 Solicitation 19-3.604 Imprest funds
§ 19–3.406 Other types of contracts. 19-3.604–6 Procurement and payment.
$ 19–3.406_1 Time and materials con19-3.605 Purchase order forms.
(c) Limitations. The determination, AUTHORITY: The provisions of this part that no other type of contract will suit19–3 issued under sec. 205(c), 63 Stat. 390; ably serve, will be made in a memoran40 U.S.C. 486(c).
dum with supporting findings for the SOURCE: The provisions of this part 19-3
contract file and signed by the Contractappear at 31 F.R. 10793, Aug. 13, 1966, unless
ing Officer. otherwise noted.
§ 19–3.408 Letter contract. Subpart 19–3.1-Use of Negotiation (a) and (b) [Reserved]
(c) Limitations. (1) The determina8 19–3.150 Selection of sources.
tion, that no other type of contract is In the selection of sources for requests suitable, will be made in a memorandum for proposals, procurement personnel will
with supporting findings for the contract use the bidders mailing lists to the fullest
file and signed by the Chief of the Conextent and will be guided by $ 2.205 of
tract and Procurement Division. this chapter.
(3) A letter contract should be superSubpart 19-3.3—Determinations,
seded by a definitive contract within 3 Findings, and Authorities
months of the effective date of the letter
contract. Any extension beyond 3 § 19–3.305 Form and requirements of
months must be approved by the Chief determinations and findings.
of the Contract and Procurement
Division. (a) The form of determinations and
(4) The maximum liability of the findings is not prescribed beyond the re
Government under a letter contract shall quirements in § 1-3.305 of this title ex
not exceed 50 percent of the total esticept that they must all be in writing and mated cost of the project or procurement signed by an Agency official. Any deter
as established by the head of the Agency, mination and findings signed by an of
except upon a written determination with ficial other than the Contracting Officer
supporting findings, signed by the Chief will be initialed by the Contracting Of
of the Contract and Procurement Divificer when inserted in a contract file as
sion, that it is in the best interest of the a supporting document.
$ 19–3.450 Oral contract. Subpart 19–3.4—Types of Contracts
Oral contracts may be made by an au§ 19–3.405 Cost-reimbursement
type thorized Agency Contracting Officer only,
in cases of unusual urgency where de§ 19–3.405–5 Cost-plus-a-fixed-fee con
livery of a letter contract is not possible, tract.
if the agreement would otherwise be a
valid written contract. The oral agree(a) and (b) [Reserved]
ment must be reduced to writing as soon (c) Limitations. (1) The “estimated
as possible and will be subject to the same cost of the contract, exclusive of the fee,
Agency process of clearances and apas determined by the Agency head,” re
provals as any other written contract. quired by section 304(b) of the Act (41
The exercise of this authority must be U.S.C. 254(b)), will be prepared in writ
justified in a memorandum for the Chief ing for signature by the Chief, Contract
of the Contract and Procurement Diviand Procurement Division.
sion, and a copy of the memorandum will (2) Indirect or overhead costs, in cost
be placed in the contract file. plus-a-fixed-fee contracts, which
Subpart 19–3.6—Small Purchases calculated as a stipulated percentage of
8 19-3.602 Policy.
Agency procurement personnel will be subsequent adjustment to the actual in
guided by Subchapter E of the Federal Property Management Regulations
Supply and Procurement_Parts 101-25
through 101–31, as well as by Subpart be in the form of simple offer and ac1-3.6 of this title and this Subpart ceptance letter and will ordinarily cover 19-3.6.
the vendor's complete line of merchan$ 19–3.603 Competition.
dise or services available at his published
list prices less any obtainable discounts, $ 19–3.603–1 Solicitation.
limited in time to one calendar quarter (a)-(c) (Reserved]
and in amount by $2,500 or less. More (d) Quotations as a result of oral than one arrangement may be advisable solicitation will be recorded on Form
where the volume of purchases warrants IA-25 (Rev). Use of this form will not
such competitive arrangements. Charge be required to document routine single
tickets will be made for each order and item purchases which may be recorded
delivered to the responsible office with on the requisition provided such record
receipt of the goods indicated thereon contains all information called for on by the receiving office. Monthly invoices Form IA-25.
will be compared by the responsible of
fice with delivery receipts prior to cer$ 19–3.604 Imprest funds (petty cash) tification for payment.
method. $ 19–3.604—6 Procurement
pay- PART 19-6-FOREIGN PURCHASES ment. (a) Small purchases utilizing imprest
Subpart 19–6.1—Buy American ActSupply and
Service Contracts funds may be made only by employees Sec. authorized by the Chief of the Contract 19-6.103 Exceptions. and Procurement Division in a written 19–6.103-3 Unreasonable cost or inconsistredelegation of this specific type of pro
ency with the public interest. curement authority.
19–6.105 Excepted articles, materials, and (b) The cost of cash purchases must
supplies. be kept within reasonable bounds by or- Subpart 19–6.50—Other Price Differentials dinary shopping procedures of price
19-6.5001 General. comparison (competition), and the buyer must take advantage of any obtainable
AUTHORITY: The provisions of this part discounts.
19–6 issued under sec. 205 (c), 63 Stat. 390;
40 U.S.C. 486(c). § 19–3.605 Purchase order forms.
SOURCE: The provisions of this Part 19-6 § 19–3.605—3 Agency order forms. appear at 31 F.R. 10794, Aug. 13, 1966, unless
otherwise noted. Where Standard Forms 147 and 148 are not appropriate, Agency order forms Subpart 19-6.1-Buy American Act-prescribed in Subpart 16–3 of this chap- Supply and Service Contracts ter shall be used. $ 19–3.606 Blanket purchase arrange
$ 19-6.103 Exceptions. ments.
§ 19–6.103-3 Unreasonable cost or in$ 19–3.606–5 Agency implementation.
consistency with the public interest. (a) The use of limited charge ac
(a) It has been determined by the Dicounts, for all Agency offices and instal
rector that the application of the Buy lations having responsibility for main
American Act to the purchase of books, taining their own supply points, is a pre
maps, periodicals, newspapers, and other ferred Agency procedure. Blanket pur
publications and films not published in chase arrangements will be made and
the United States would be inconsistent the necessary procurement authority re
with the public interest. Therefore, such delegated by the Chief of the Contract
items may be procured from foreign and Procurement Division when offices
sources. which provide their own supplies can
(b) Contracting Officers are authormake numerous purchases of a wide va
ized to make determinations of unreariety of regularly needed items from
sonable cost or inconsistency with the local vendors.
public interest on other domestic source (b) Blanket purchase arrangements
end products, both prior to entering into will be in writing, signed by both the contracts and in the course of contract vendor and an official of the Agency of- administration, provided that in the fice concerned, and filed with the appro
latter case the Government receives adepriate paying office. The writing may quate consideration. A copy of each
determination will be included in the contract file. $ 19-6.105 Excepted articles, materials,
and supplies. Contracting Officers are authorized to make determinations of nonavailability (see 1-6.103–2 of this title), both prior to entering into contracts and in the course of contract administration, provided that in the latter case the Government receives adequate consideration. A copy of each determination will be included in the contract file. Subpart 19–6.50— Other Price
Differentials § 19–6.5001 General.
(a) Agency policy for procurement from foreign sources for use outside the United States requires the application of price differentials favoring materials and equipment produced in the United States. The individual requests for proposals or invitations for bids will indicate the extent of applicable differentials.
(b) The Agency will, to the maximum extent consistent with effective discharge of its program responsibilities, forgo or postpone the purchase of materials and equipment which are not obtainable as domestic source end products (as defined in § 1-6.101(d) of this title), or the award of contracts for nonpersonal services (including construction) to other than U.S. citizens or firms which are more than 50 percent owned by U.S. citizens, except where payment may be made with excess foreign currencies (as designated by the Treasury Department) at no greater cost than corresponding domestic source end products or contracts with U.S. citizens or firms more than 50 percent owned
$ 19–15.5000 Cost-reimbursed air travel.
It is the policy of the Agency to require the use of less than first-class air accommodations for all cost-reimbursed travel, except when less than first-class accommodations are not reasonably available to meet necessary mission requirements. For example, less than firstclass accommodations are considered not reasonably available where less than first-class accommodations would:
(a) Increase the duration of a flight (one way) by 25 percent or more;
(b) Increase the total elapsed travel time of a trip by 25 percent or more;
(c) Require flights on regular commercial routes in excess of 14 hours, including scheduled stopovers of less than 8 hours, without a 24-hour interruption of the trip for rest;
(d) Result in additional costs which would offset the transportation savings;
(e) Offer accommodations which are not adequate for the medical needs of the traveler. The term "less than first-class,” in relation to air travel accommodations, means all categories for which the cost to the Government is less than for firstclass accommodations. The difference in cost between first-class air accommodations and less than first-class accommodations is an unallowable cost except as provided for in this section. § 19–15.5000–1 Use of American and
foreign airlines. It is the policy of the Agency to require the use of American flag airlines for all cost-reimbursed air travel except when travel on American flag airlines is not reasonably available. For example, travel on American flag airlines is not considered reasonably available when:
(a) There is no regularly scheduled American flag airline between authorized points of origin and destination; or
(b) To use a combination of foreign and American flag airlines would inincrease costs over costs on only foreign lines (including reimbursement for traveler's time) by 50 percent or more;
by U.S. citizens.
ooks Other ed in stent
PART 19–15 — CONTRACT COST
PRINCIPLES AND PROCEDURES Subpart 19-15.50—Cost Principles
and Procedures Sec.
Cost-reimbursed air travel. 18–15.5000–1 Use of American and foreign
airlines. AUTHORITY: The provisions of this Subpart 19–15.50 issued under sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).
SOURCE: The provisions of this Subpart 19– 15.50 appear at 31 F.R. 10794, Aug. 13, 1966, unless otherwise noted.
(c) Travel by an American flag airline could not be performed in time to carry out the mission to be performed.
PART 19–16—PROCUREMENT FORMS Subpart 19–16.1—Forms for Adver
tised Supply Contracts Subpart 19–16.1-Forms for Advertised Supply Contracts
§ 19–16.104 Terms, conditions, and proSec.
visions. 19-16.104 Terms, conditions, and provisions.
Whenever General Provisions (Supply
Contract) (Standard Form 32) are used, Subpart 19–16.2—Forms for Negotiated Supply
Supplemental Provisions (Supply ConContracts
tract) (Agency Form IA-332) shall be 19–16.250 General provisions, negotiated
used in conjunction therewith. supply contracts. 19-16.250-1 General Provisions (Service Subpart 19–16.2-Forms for NegoContract) (Form IA-355).
tiated Supply Contracts 19–16.250–2 Request for Proposals and Pro
posal (Negotiated Fixed-Price $ 19–16.250 General provisions, negoContract) (Form IA-408).
tiated supply contracts. 19–16.250–3 Award Notice (Form IA-351). 19–16.250–4 Amendment of Contract (Form
General Provisions (Supply Contract), IA-19).
Standard Form 32, is prescribed for use
in negotiated supply contracts. When Subpart 19–16.3— Purchase and Delivery Order
used, it should be supplemented by the Forms
provision contained in Agency Form 19-16.350 U.S. Information Agency pur- IA-332 in accordance with $ 16.104.
chase and delivery order
$ 19–16.250–1 General Provisions (Serv19–16.350-1 Purchase Order (Form IA-24).
ice Contract) (Form IA-355). 19-16.350-2 Order for Materials and Services Form IA-355 is prescribed for use in under Contract (Form IA
connection with service contracts (ex135).
cluding construction) whenever Stand19–16.350–3 Requisition-Purchase Order-In- ard Form 32, General Provisions (Supply
voice (For Professional Sery- Contract), is inappropriate.
$ 19–16.250-2 Request for proposals Subpart 19–16.8—Miscellaneous Forms
and proposal (Negotiated Fixed-Price 19-16.802 Bidder's Mailing List Applica
Contract) (Form IA-408). tion.
The following forms (together with 19-16.850 Other Agency forms.
authorized contract provisions) shall be 19–16.850-1 Department of Labor form let
used in connection with the negotiation ter (Walsh-Healey Public Contracts Act).
of fixed-price contracts for supplies or 19–16.850–2 Department of Labor poster
services (other than personal) when de(Walsh-Healey Public Con
sirable to begin negotiations by soliciting tracts Act).
offers which, if there is a written accept19–16.850-3 Notice of Award of Contract.
ance by the Agency, would create a bind19–16.850–4 Notice to Labor Unions or Other
ing contract without further action. Organizations of Workers.
(1) Request for Proposals and Pro19-16.860 USIA forms.
posal (Negotiated Fixed-Price Contract), 19-16.860-1 Bidder's Commodity and Sery
Form IA-408. ice Code Lists (Form IA
(2) Schedule, Request for Proposals 407A).
and Proposal, Form IA-408A. 19–16.860–2 Telephone Bid Tabulation
(3) Acceptance of Proposal (Negoti(Form IA-25).
ated Fixed-Price Contract), Form IA19-16.860-3 Memorandum of Loan (Form
408B. IA 431).
(4) Continuation Sheet, SF-148 (when 19-16.860-4 Certificate of
Export letter required with IA-408A and 408B). (Form IAL-368).
§ 19–16.250–3 - Award Notice (Form IAAUTHORITY: The provisions of this part
351). 19–16 issued under sec. 205(c), 63 Stat. 390; 40. U.S.C. 486(c).
Form IA-351 is prescribed for use in SOURCE: The provisions of this part 19–16
connection with narrative contracts and appear at 31 F.R. 10794, Aug. 13, 1966, unless
with other type contracts when required otherwise noted.
internally for fiscal accounting and receiving report purposes.