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the Agency employee is the author or
originator of copyrighted material, it
must be established that there is no real
or apparent conflict of interest between
his official duties and his rights to any
royalties. To prevent such conflict, the
Agency shall endeavor to obtain the em-
ployee's waiver of any royalty payments.
In addition, the employee would be ex-
pected to discourage publicity regarding
Agency use of his material.
$ 19-1.302–51 Contracts between the

Government and former Government

employees.
Negotiated contracts may be entered
into with ex-employees of the Agency or
with firms in which ex-employees are
known to have a substantial interest,
within a period of 2 years subsequent to
the termination of employment, only
with the written approval of the Director.
§ 19–1.305–3 Deviations from Federal

Specifications.
Any deviation from a Federal Specifi-
cation contemplated under § 1-1.305–3 of
this title shall be submitted to the Chief
of the Contract and Procurement Divi-
sion of the Agency, for approval prior to
use. The request shall include a state-
ment describing the deviation, with jus-
tification therefor and, where applicable,
& recommendation for revision or amend-
ment of the specification.
$ 19–1.313 Records of contract actions.

(a) The documents, memoranda, and
summary statements contemplated by
§ 1-1.313 of this title shall include but
not be limited to the following, unless
the Contracting Officer determines cer-
tain elements are not required:

(1) A copy of the procurement request;

(2) A copy of any required Determinations and Findings, or other statement and justification for negotiation;

(3) A list of sources solicited or a justification for limiting such sources;

(4). A copy of any determination to set-aside the procurement for small business or for a labor-surplus area;

(5) A copy of the Invitation for Bids or Request for Proposals, including any plans or specifications or

references (6) All bids or proposals received with an abstract thereof;

(7) The bidders' Statement of Contingent Fees;

(8) All preaward surveys;

(9) Selection of the successful Contractor, including

(i) The reasons for selection,

(ii) The Contracting Officer's determination of the Contractor's responsibility, and

(iii) Any Small Business Administration Certificate of Competency;

(10) All price and cost data submitted or used, including Certificate of Current Cost or Pricing Data;

(11) A full record of negotiations, including but not limited to

(i) Participants,
(ii) Dates of meetings or phone calls,

(iii) Government-furnished materials. or facilities to be provided,

(iv) Subcontracting,
(v) Terms and conditions agreed to,

(vi) Deviations, if any, from prescribed contract clauses,

(vii) Technical recommendations, and (viii) Justification for final price;

(12) Justification for type of contract, used;

(13) Any exceptions or exemptions from the Buy American Act or from the Agency's Foreign Purchases policy (see Subpart 6.50 of this chapter);

(14) A copy of contract award;

(15) Evidence of legal review required, and copy of comments, if any, made by legal counsel;

(16) All pertinent correspondence;

(17) Copies of all change orders, and supplements, with supporting documents;

(18) Comprehensive termination data;

(19) Copies of royalty reports received;

(20) Final release upon completion of the contract;

(21) Required approvals of contract; and

(22) Any additional documents considered necessary to present a complete résumé of the contract action.

(b) Complete record of all advertised and negotiated contract action will be preserved for the period required by records management instructions.

(c) This § 19.1.313 does not apply in the case of small purchases.

(d) Memoranda, for documenting actions taken, should not duplicate information evident in other file documents. except where clarification is required. Copies of all negotiation memoranda will be submitted to the Chief of the Contractand Procurement Division. All memoranda will be signed and the drafting: date will be indicated.

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§ 19–1.317 Noncollusive bids and pro- will be made on both lists, when addiposals.

tions or deletions are necessary. (a)-(d) [Reserved]

$ 19–1.604 Causes and conditions appli(e) The Chief, Contract and Procure

cable to determination of debarment ment Division, is authorized to make the by an executive agency. determinations described in paragraph

Personnel of the Agency who find that (d) of the Certification of Noncollusion

a firm or an individual should be added prescribed in § 1-1.317 of this title.

to the Debarred, Suspended, or Ineligible § 19–1.354 Execution of contracts.

Bidders List, as indicated in Subpart

1-1.6 of this title, shall notify the ConContracts, purchase orders, delivery

tract Review and Procedures Staff orders, Government bills of lading, and

promptly. Debarment shall be made other types of purchasing documents will be executed only by officials holding valid,

only upon approval of the Chief of the

Contract and Procurement Division of written delegations or redelegations of

the Agency. procurement authority issued by the Director or other officer of the Agency des- Subpart 19–1.7—Small Business ignated in writing to make such delega

Concerns tions or redelegations. All purchasing documents, including amendments, will

§ 19–1.704 Agency program, direction show the actual date of each signature

and operation. required for their execution, and the The Chief of the Contract and ProAgency office executing such documents curement Division is responsible for shall maintain a record of the actual

developing and supervising the USIA date the documents were released to the Small Business Program, as may be revendor or contractor.

quired for compliance with Subpart 1§ 19–1.355 Violations of law.

1.7 of this title.

[31 F.R. 10791, Aug. 13, 1966] (a) In the event procurement personnel have reason to believe there is evi- Subpart 19–1.9— Reporting Possible dence of violation of law of any nature

Antitrust Violations whatsoever in bids or proposals received, they will prepare a complete report for

§ 19–1.902 Documents to be transmitted. forwarding to the Office of the General The Contracting Officer will submit a Counsel through the Chief of the Con- report, including the documents listed tract and Procurement Division.

in § 1-1.902 of this title and any other (b) In case of possible violation of pertinent documentary material, with antitrust laws, the report will be pre- his findings to the Chief of the Contract pared in accordance with such guidance and Procurement Division. as provided in the Federal Procurement [31 F.R. 10791, Aug. 13, 1966] Regulations (see Subpart 1-1.9 of this title).

Subpart 19–1.53— Procurement

Authority and Responsibility Subpart 19-1.6— Debarred, Sus

SOURCE: The provisions of this Subpart pended, and Ineligible Bidders 19–1.53 appear at 31 F.R. 10791, Aug. 13, 1966,

unless otherwise noted. SOURCE: The provisions of this Subpart 19–1.6 appear at 31 F.R. 10790, Aug. 13, 1966, § 19–1.5301 General. unless otherwise noted.

(a) This subpart deals with the au§ 19–1.602 Establishment and mainte- thority to designate Contracting Officers

nance of a list of concerns or indi- and sets forth the general authorities and viduals debarred, suspended, or de- responsibilities of such officers (see clared ine gible.

§ 1-3.801(b) of this title). The Contract Review and Procedures

(b) An employee ordinarily binds the Staff of the Agency will maintain a con- Government only when his actions are solidated list as indicated in § 1-1.602 of in accordance with authority actually this title. The list will not be classified granted to him. Contracting Officers are but will be marked "For Official Use agents of the Government and shall act Only.” It will be coordinated with the in accordance with law, regulations inBidders Mailing List (see $ 1–2.205 of cluding FPR and IAPR, other pertinent this title), and appropriate notations directives, and sound business judgment,

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and within the limits of their prescribed § 19–1.5304 General responsibility of duties and authorities.

Contracting Officers. § 19–1.5302 Designation of Contracting

(a) Contracting Officers are primarily Officers.

responsible for assurance that contracts

are authorized by law, for the execution (a) Contracting Officers, as defined in

and administration of contractsfor § 1-1.207 of this title, shall be those employees in whom contracting authority

safeguarding the interest of the United is vested by the Director or his designees

States in contractual relationships, and by means of appropriate delegations of

for determining the facts under con

tracts. authority and by redelegations of au

(b) Contracting Officers shall personthority. The authority of such Contracting Officers shall be in accordance

ally sign all contracts and modifications with the applicable delegations or re

entered into by them. The signing of delegations of authority and with this

original contractual documents shall not Subpart 19–1.53.

be accomplished by facsimile stamps or (b) Delegations and redelegations of

by proxy. However, the use of repro

duced signatures on reproduced copies authority are generally directive on spe

after the Contracting Officers have mancific positions, rather than specific in

ually signed the master and other dividuals. When

a specific position originals is acceptable. carries delegated or redelegated con- (c) Contracting Officers are responsitracting authority, an individual ap- ble for the legal, technical, and adminispointed to such a position is, therefore, trative sufficiency of the contracts they à Contracting Officer. Such appoint

make. To this end, they shall secure ments are normally made by means of

necessary legal, technical, and financial administrative personnel actions. When

advice within USIA. an individual is designated as a Con

(d) Contracting Officers are responsitracting Officer by an instrument other

ble for assuring contract compliance on than personnel action, a copy of the

the part of the Contractor. designating instrument shall be for

$ 19–1.5305 Contracting Officers' reprewarded to the appropriate personnel of

sentatives. fice for inclusion in the file of the in- (a) Any properly qualified Governdividual affected. Designations shall be

ment employee or group of employees, or rescinded in the same manner upon

a firm or individual under contract to termination of the assignment (but spe

the Government for this purpose, may cial assignments may be self-rescinding,

be designated to act as the Authorized as, for example, an assignment made in

Representative of a Contracting Officer. terms of the life of a specific contract,

Such designation shall be in writing

and shall define the scope and limitain which case a separate rescission instrument would not be required).

tions of the Authorized Representative's

authority. (c) In view of the high degree of in

(b) A designation authorized by this dividual responsibility and authority

§ 19-1.5305 may be made by instructions vested in Contracting Officers, care shall referring to particular contractual be exercised to insure that only well

instruments or categories of instruments qualified individuals are appointed or

and may empower the Authorized Repredesignated and retained in such posi

sentative to take any or all action theretions. Accordingly, the performance of

under which could lawfully be taken by their duties as Contracting Officers is

the Contracting Officer to the extent not subject to continuing review and evalua

specifically prohibited by the terms of the contractual instrument involved or this

§ 19–1.5305. In no event shall an Au$ 19–1.5303 General authority of Con

thorized Representative, by virtue only tracting Officers.

of his designation as such, be empowered A contracting Officer is authorized to

to execute or agree to any contract or

modification thereof; such powers must enter into, modify, and take other appropriate action with respect to con

be specifically included as a part of, or

supplement to, the designation. tracts, within the limits of his prescribed

(c) A Contracting Officer may assign administration of a specific contractual

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instrument to another Contracting Offi- Sec. cer, provided the assignee Contracting

19–2.407-5 Other factors to be considered.

19-2.407–7 Statement and certificate of Officer's delegated authority permits, and

award. the Contractor shall be $0 notified.

19–2.407–8 Protests against award. Such an assignment shall define the extent to which part or all of the original AUTHORITY: The provisions of this part Contracting Officer's authority is trans

19-2 issued under sec. 205(c), 63 Stat. 390;

40 U.S.C. 486(C). ferred but shall not pass on to the successor any authorities which would ex- SOURCE: The provisions of this Part 19–2 ceed the limitations imposed on the

appear at 31 F.R. 10792, Aug. 13, 1966, unless

otherwise noted. successor by existing directives. § 19–1.5306 Responsibility for assuring Subpart 19-2.2—Solicitation of Bids the availability of funds.

$ 19–2.203 Methods of soliciting bids. Prior to the incurrence of an obliga

§ 19–2.203–1 Mailing or delivering to tion, Contracting Officers shall assure

prospective bidders. themselves that adequate funds are available.

The initial distribution of invitations

for bids and preinvitation notices shall $ 19–1.5307 Standards of conduct.

be made to firms on Agency bidders mailAll personnel engaged in procurement

ing lists and to all others whom the and related activities shall conduct busi- Contracting Officer may select. ness in a manner above reproach in

§ 19–2.204 Records of invitations for every respect. Transactions relating to

bids and records of bids. expenditure of public funds require the highest degree of public trust to protect

Each branch of the Contract and Prothe interests of the Government. While curement Division shall maintain a recmany Federal laws and regulations place ord of each invitation for bids issued and restrictions on the actions of govern- distributed by it as well as a record of all mental personnel, the latter's official

bids. The prospective bidders listed for conduct must, in addition, be such that

each invitation shall be furnished with. the individual would have no reticence

applicable amendments or notices, and a about making a full public disclosure

record will be kept of their distribution. thereof.

Records of bids shall be kept in accordPART 19-2-PROCUREMENT BY

ance with the procedures set forth in.

§ 2.403. FORMAL ADVERTISING

§ 19–2.205 Bidders mailing lists. Subpart 19–2.2—Solicitation of Bids Sec.

§ 19–2.205–1 Establishment of lists. 19-2.203 Methods of soliciting bids.

Bidders mailing lists shall be estab19–2.203–1 Mailing or delivering to prospective bidders.

lished and maintained by the Contract 19–2.204 Records of invitations for bids

Review and Procedures Staff for use in and records of bids.

all Agency procurement activities and 19–2.205 Bidders mailing lists.

requirement offices. Lists shall include: 19-2.205–1 Establishment of lists. 19–2.205–5 Release of bidders mailing lists.

all eligible and qualified bidders who

have requested listing or whom ConSubpart 19–2.3—Submission of Bids

tracting Officers consider eligible and. 19-2.304 Modification of withdrawal of qualified to furnish the requirements of bids.

a particular procurement. The latter Subpart 19–2.4-Opening of Bids shall be requested to submit a completed 19-2.401 Receipt and safeguarding of bids.

Standard Form 129 and an Agency Form 19–2.402 Opening of bids.

IA-407A, Commodity and Service Code 19-2.403 Recording of bids.

Lists.

Agency procurement activities 19-2.406 Mistakes in bids.

and requirement offices should recom19_2.406-3 Other mistakes disclosed before award.

mend the establishment of additional 19–2.406-4 Disclosure of mistakes after

lists for anticipated requirements of nonaward.

listed commodities or services and fur19-2.407 Award.

nish the names and addresses of pros19-2.407-3 Discounts.

pective bidders.

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$ 19–2.205–5 Release of bidders mailing

lists.

(a) [Reserved] (b) Except as provided in § 1–2.205-5 (b) of this title, the list of prospective bidders, to whom invitations for bids were sent, shall not be released outside the Agency and shall not be made available for inspection to individuals, firms, or trade organizations. Lists may, however, be made available to other Government agencies. Subpart 19–2.3—Submission of Bids $ 19–2.304 Modification or withdrawal

of bids. (a) Bid modifications received prior to time of opening shall be processed in the same manner as bids and shall be attached to the bid envelope.

(b) The receipt required for withdrawal of a bid (see § 1-2.304 of this title) shall read as follows:

I certify that I am a bona fide, fully authorized a agent, I official, o employee, representative of

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whose bid on IFB No.
is scheduled for opening on

I hereby withdraw that bid from consideration.

tations for bids by the Contracting Officer or his designee. Bid openings 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 oficial 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 opened and read all bids received and verified all entries made thereon. 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 Contract Review and Procedures Staff 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 Contract

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(Date) Subpart 19–2.4—Opening of Bids § 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 invi

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