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 (b) Whenever a mistake is alleged or disclosed after award and the Contracting Officer proposes the contract be rescinded or reformed, he shall furnish the Chief, Contract and Procurement Division, with the Contractor's statement, evidence, and the data set forth in § 12.406-4(f)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. 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. 19-3.602 19-3.603 Policy. Competition. Solicitation, 19-3.603-1 19-3.604 19-3.605-3 Agency order forms. Blanket purchase arrangements. AUTHORITY: The provisions of this Part 19-3 issued under sec. 205 (c), 63 Stat. 390; 40 U.S.C. 486(c). SOURCE: The provisions of this Part 19-3 appear at 31 F.R. 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 § 2.205 of this chapter. Subpart 19-3.3-Determinations, Findings, and Authorities § 19-3.305 Form and requirements of determinations 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. Subpart 19-3.4-Types of Contracts Cost-reimbursement type 19-3.405 contracts. § 19-3.405-5 tract. Cost-plus-a-fixed-fee con (a) and (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 costplus-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. (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. Oral contracts may be made by an authorized Agency 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. Subpart 19-3.6-Small Purchases § 19-3.602 Policy. Agency procurement personnel will be guided by Subchapter E of the Federal Property Management RegulationsSupply and Procurement-Parts 101-25 (a) Small purchases utilizing imprest funds may be made only by employees authorized by the Chief of the Contract and Procurement Division in a written redelegation of this specific type of procurement authority. (b) The cost of cash purchases must be kept within reasonable bounds by ordinary shopping procedures of price comparison (competition), and the buyer must take advantage of any obtainable discounts. § 19-3.605 Purchase order forms. § 19-3.605-3 Agency order forms. Where Standard Forms 147 and 148 are not appropriate, Agency order forms prescribed in Subpart 16-3 of this chapter shall be used. § 19-3.606 Blanket purchase arrange ments. § 19–3.606–5 Agency implementation. (a) The use of limited charge accounts, for all Agency offices and installations having responsibility for maintaining their own supply points, is a preferred Agency procedure. Blanket purchase arrangements will be made and the necessary procurement authority redelegated by the Chief of the Contract and Procurement Division when offices which provide their own supplies can make numerous purchases of a wide variety of regularly needed items from local vendors. (b) Blanket purchase arrangements will be in writing, signed by both the vendor and an official of the Agency office concerned, and filed with the appropriate paying office. The writing may be in the form of simple offer and acceptance letter and will ordinarily cover the vendor's complete line of merchandise or services available at his published list prices less any obtainable discounts, limited in time to one calendar quarter and in amount by $2,500 or less. More than one arrangement may be advisable where the volume of purchases warrants such competitive arrangements. Charge tickets will be made for each order and delivered to the responsible office with receipt of the goods indicated thereon by the receiving office. Monthly invoices will be compared by the responsible office with delivery receipts prior to certification for payment. § 19-6.103-3 Unreasonable cost or inconsistency with the public interest. (a) It has been determined by the Director that the application of the Buy American Act to the purchase of books, maps, periodicals, newspapers, and other publications and films not published in the United States would be inconsistent with the public interest. Therefore, such items may be procured from foreign sources. (b) Contracting Officers are authorized to make determinations of unreasonable cost or inconsistency with the public interest on other domestic source end products, 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. § 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 inIcluded in the contract file. Subpart 19-6.50-Other Price § 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 by U.S. citizens. PART 19-15 CONTRACT COST PRINCIPLES AND PROCEDURES Subpart 19-15.50-Cost Principles and Procedures Sec. 19-15.5000 Cost-reimbursed air travel. 19-15.5000-1 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 1915.50 appear at 31 F.R. 10794, Aug. 13, 1966, unless otherwise noted. § 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; or (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 Advertised Supply Contracts Sec. 19-16.104 Terms, conditions, and provisions. Subpart 19-16.2-Forms for Negotiated Supply Contracts 19-16.250 General provisions, negotiated supply contracts. 19-16.250-1 General Provisions (Service Contract) (Form IA-355). 19-16.250-2 Request for Proposals and Proposal (Negotiated Fixed-Price Contract) (Form IA-408). 19-16.250-3 Award Notice (Form IA-351). 19-16.250-4 Amendment of Contract (Form IA-19). Subpart 19-16.3-Purchase and Delivery Order Whenever General Provisions (Supply Contract) (Standard Form 32) are used, Supplemental Provisions (Supply Contract) (Agency Form IA-332) shall be used in conjunction therewith. Subpart 19-16.2-Forms for Negotiated Supply Contracts § 19-16.250 General provisions, negotiated supply contracts. General Provisions (Supply Contract), Standard Form 32, is prescribed for use in negotiated supply contracts. When used, it should be supplemented by the provision contained in Agency Form IA-332 in accordance with § 16.104. § 19-16.250-1 General Provisions (Service Contract) (Form IA-355). Form IA-355 is prescribed for use in connection with service contracts (excluding construction) whenever Standard Form 32, General Provisions (Supply Contract), is inappropriate. § 19-16.250-2 Request for proposals and proposal (Negotiated Fixed-Price Contract) (Form IA-408). The following forms (together with authorized contract provisions) shall be used in connection with the negotiation of fixed-price contracts for supplies or services (other than personal) when desirable to begin negotiations by soliciting offers which, if there is a written acceptance by the Agency, would create a binding contract without further action. (1) Request for Proposals and Proposal (Negotiated Fixed-Price Contract), Form IA-408. (2) Schedule, Request for Proposals and Proposal, Form IA-408A. (3) Acceptance of Proposal (Negotiated Fixed-Price Contract), Form IA408B. (4) Continuation Sheet, SF-148 (when required with IA-408A and 408B). § 19-16.250-3 Award Notice (Form IA351). Form IA-351 is prescribed for use in connection with narrative contracts and with other type contracts when required internally for fiscal accounting and receiving report purposes. |