(a) When it is desired to procure the repair and overhaul of items on the basis of a firm fixed-price for the services with reimbursement for cost of materials used, such procurement may be advertised when both of the following criteria are met:

(1) The cost of the direct materials to be used will be relatively small in relation to the total cost of the repair and overhaul services.

(2) It can be reasonably expected that the materials for which reimbursement is to be made are available to all bidders at basically the same price.

(b) The IFB and the resultant contract must:

(1) Adequately define the material for which reimbursement is to be made. (2) Limit reimbursement to the contractor's actual cost of such reimbursable material (including cash and trade discounts, rebates, allowances, and commissions).

(a) (1) through (16) [no implementation]

(17) Special provisions—(i) DO ratings. See § 1001.460.

(ii) Classified information. Classified information in invitations for bids will be handled according to AFR 205-4, Armed Forces Industrial Security Regulation, and regulation issued by each major command.

(18) General provisions or conditions (i) Special maintenance tools and test equipment. Where a requirement for special maintenance tools and test equipment exists, a separate item in the schedule will be established similar to the following sample:

The contractor agrees to furnish special maintenance tools and test equipment for

items

(ii) The following provision will be included in all Invitation for Bids calling for the purchase of milk or milk products:

STATE MINIMUM DISTRIBUTOR PRICE REGULATION NOT APPLICABLE (MARCH 1963)

This Procurement is financed by Appropriated Funds and is made under the authority of Chapter 137, Title 10, U.S.C., and the Armed Services Procurement Regulation. Pursuant to Paul vs. United States, decided by the Supreme Court of the United States on January 14, 1963, State minimum distributor price regulations with respect to milk or milk products are not applicable to this procurement.

[31 F.R. 16623, Dec. 29, 1966]

No person employed by or serving with the Department will render assistance to bidders in preparing bids.

[29 F.R. 8062, June 25, 1964]

Subpart C-Submission of Bids § 1002.301 Responsiveness of bids.

If telegraphic bids are permitted, any bidder who submits a telegraphic bid must complete the required forms if he is the successful bidder.

[26 FR. 12357, Dec. 27, 1961]

Subpart D-Opening of Bids and
Award of Contract

§ 1002.403 Recording of bids (Abstract of bids).

(a) Procedure. An abstract of bids will be prepared on AFPI Form 37, "Abstract of Bids (Procurement)," and AFPI Form 37A, "Abstract of Bids Insert Sheet (Procurement)," for each IFB as soon as practicable after bids have been opened or as soon as it is decided to cancel the invitation before opening of bids. The abstract will set forth all qualifications to the IFB made by bid

66-075 0-67– -4

ders and included in their bid. As soon as practicable after bid opening a preliminary abstract of bids will be made available for public examination in the procurement office or other appropriate location. The preliminary abstract will be replaced by the abstract prepared when award has been made or bids have been rejected.

(b) Entries to be made. (1) If the descriptions of the items are so long as to make preparations of the abstract burdensome, the descriptions may be omitted and a general category used, provided a copy of the IFB is securely attached to the abstract.

(2) If the invitation for bids is cancelled before the time set for the opening of bids, the Date Opened entry will not be made; all bids received will be returned unopened to the respective bidders with an explanation of the action taken, and the date of the cancellation will be entered and initialed in a space on the abstract as indicated below and the abstract will be distributed: Invitation for bids cancelled on

(Initials)

(Date)

(3) If no bids were received, the person whose duty it is to open the bids will initial the following in a space on the abstract and distribute the abstract:

No bids were received on this invitation

(Initials)

(4) Additional instructions that should be followed in making entries on the abstract are as follows:

(i) Additional information. If the quoted price is not firm, or it is qualified in any manner, or is for an article not strictly according to the specifications or conditions of the invitation, an asterisk (*) will be made above the price and a brief explanatory note will be entered under "Notes" showing the qualification in the price or the deviation from the specifications or conditions. If a price is submitted for a unit or a quantity other than that specified a suitable entry to that effect will be made alongside the price.

(ii) Alternate bid. If the bidder indicates that his bid is to be considered an alternate bid, two asterisks will be placed in the unit price column and the information will be inserted on the abstract under the heading of "Notes," and identified by two asterisks (**).

(iii) Multiple or lengthy f.o.b. points. If the bidder indicates in his bid that there are several f.o.b. points, or the f.o.b. point is lengthy, three asterisks will be placed in the f.o.b. column, and the information will be inserted on the abstract under the heading of “Explanatory Comments," and identified by three asterisks (***).

If

(iv) Lengthy delivery schedules. the bidder includes in his bid a lengthy delivery schedule, four asterisks will be placed in the "Delivery" column, and the information will be inserted on the abstract under the heading of “Explanatory Comments," and identified by four asterisks (****).

(v) Multiple or lengthy cash discount. If the bidder inserts in his bid a lengthy or multiple cash discount provision, a plus will be placed in the "Cash Discount" column and the information will be inserted on the abstract under the heading of "Explanatory Comments," and will be identified by a plus (+).

(vi) No bid. If the IFB has been returned and no item bid upon, the no bid will not be entered on the abstract. If the bidder has submitted a bid on one or more items, but states no bid on the other item(s) or has inserted a statement indicating that "no bid" is the response to certain items of the IFB, then a dash will be inserted in the item column to which the no bid response pertains.

(vii) Late acceptable bid. If late bids received after the opening are acceptable, they will be entered on the abstract in the same manner as a bid received at the bid opening except an identifying mark (#) will be placed in front of the bid number assigned indicating that the bid was late and acceptable. Late acceptable bids will always be the last entries on the abstract.

(viii) No charge or no cost. If the bidder has indicated "No Charge" or made a statement indicative of a "No Charge" response, the letters N/C will be inserted in the item block to which the "No Charge” is applicable.

(ix) Acceptable letter bid. If a bidder has submitted a letter bid in lieu of a bid on the regular bid form and it is acceptable according to § 2.301 of this title, two pluses (++) will be inserted preceding the number of the bid indicating that the bid was in the form of a letter and was acceptable.

(5) If bids were opened and the awards are not to be made by the person who opened the bids, he will verify the accuracy of the abstract by comparing it with the numbered copies of the bids retained by him, and enter and sign the follow certificate on the abstract:

I certify that I have personally opened and read all bids received, verified all entries on this abstract from those bids and find it correct.

(Signature and title)

(6) After bids have been considered and awards have been made or bids have been rejected, the following entries will be made:

(i) If award has been made on an item in the quantity called for on the invitation, the accepted price will be encircled or checked in Red (pencil or ink). If the quantity accepted as different from that called for on the invitation, the accepted quantity will be shown in Red (pencil or ink) alongside the encircled or checked price.

(ii) If an entire bid or the bid on any item is rejected and one at a higher price is accepted, the award will be indicated as in subdivision (i) of this subparagraph and the rejected bid or part thereof will be similarly indicated in Blue (pencil or ink), and the reason for rejection, in sufficient detail to permit intelligent action by higher authority, will be written on the abstract or furnished in the form of a certificate attached thereto. Care should be exercised in making the entries on the abstract. Information such as debarment, irresponsibility, or apparent collusion of bidders, which it is not desirable to publicize, will always be entered on a separate paper which may be detached from the abstract as appropriate.

(iii) If equal bids have been received, the award will be indicated as in subdivision (i) of this subparagraph and the entry "Award made as directed in ASPR 2-407.6" will be made in a suitable place if the directions of that regulation were followed in fact. If not followed, an explanation of the departure therefrom will be included.

(iv) If all bids received on all items or all bids received on any item are rejected, the entry "All bids received on this (invitation) (item) have been rejected (purchase will not be made), (purchase will be readvertised)", or other suitable entry will be made on the abstract.

(v) If the award is being made to a bidder on which there is "Additional Information" inserted on the abstract (identified by an asterisk (*)), the buyer will insert opposite such comments a statement or statements sufficient to offset the comments and/or by showing that it is considered a clarification, that it is not a deviation, that it is acceptable, that it is in the best interest of the Government to make such an award,

etc.

(7) When the abstract has been completed as indicated in subparagraph (6) of this paragraph, and except when the invitation was canceled or when no bids were received, the person whose duty it is to make the awards will enter and sign the following certificate on the abstract deleting (A) if the certificate in subparagraph (5) of this paragraph has been signed, and distribute the abstract. I certify that:

(A) I have personally opened and read all bids received, verified all entries on this abstract extracted from those bids and find it correct.

(B) I have made the awards or rejected the bids as indicated on this abstract.

(Signature and title)

all

(8) Beneath the certification, awards will be indicated by furnishing the information indicated below:

(i) Full name of the successful bidder. (ii) All items and/or subitems including partial quantities awarded and including the choice made between optional items bid upon.

(iii) Total amount of award: In the event the total is computed in any manner other than totaling all of the items awarded, sufficient explanation will be shown on the abstract to indicate how the final total was ascertained, for example:

Brown and Green Company:

Items 1, 10, 15, 18, through 40-- $7,500.00

Less 10 percent reduction for

award of all items bid upon.

Total___

750.00

6, 750.00

(9) Distribution of bids and abstracts (i) Contracting officer. The original of all rejected and unsuccessful bids, a copy of the accepted bid, and a copy of the abstract of bids will be retained by the contracting officer. All rejected bids will be kept available for inspection by the duly authorized representative of the General Accounting Office, and will be sent to that office upon

request when required in individual

cases.

(ii) AFAFC (SAA)—(a) Accepted bid. The original of the accepted bid will be attached to the signed number of the contract or purchase order intended for the AFAFC (SAA).

(b) When bid accepted is bid lowest as to price. When the lowest bid as to price is accepted, that is, where the selected bidder is determined from the price alone, no offsetting or equalizing elements being for consideration, and when a certificate (on reverse of Standard Form 1034, "Public Voucher for Purchase and Services Other Than Personal," or Standard Form 1036, "Statement and Certificate of Award," as the case may be) to that effect is furnished by a responsible administrative officer having personal knowledge of the facts, neither the rejected bids nor an abstract need be forwarded to the AFAFC (SAA) with the contract. When the abstract of bids is not furnished to that office, the items accepted on any particular bid will be indicated on the original number of the bid which is furnished to that office.

(c) Acceptance of other than lowest bid as to price. Where other than the lowest bid as to price is accepted, the AFAFC (SAA) will be furnished, on Standard Form 1036, a detailed statement giving in full the reasons for the acceptance together with an abstract of all bids lower than the one accepted. (iii) [Reserved]

(iv) Extra copies of bids.

(a) Signed copies of bids not needed to comply with the foregoing requirements may be destroyed.

(b) If all bids are rejected, all but the original number of each bid may be destroyed.

[27 F.R. 2098, Mar. 3, 1962, as amended at 28 F.R. 8143, Aug. 8, 1963; 29 F.R. 15121, Nov. 11, 1964; 30 F.R. 793, Jan. 26, 1965]

§ 1002.404 Rejection of bids. [27 F.R. 2099, Mar. 3, 1962]

§ 1002.404-1 Cancellation of invitation after opening.

(a) No implementation.

(b) (1) Prior to cancellation of an IFB, review and approval will be obtained by the contracting officer from the director or deputy director of procurement and production at an AFLC AMA; from the director or deputy director of procurement at an AFSC division; from the director of procurement at an AFSC cen

ter; from the Director of Procurement at the Office of Aerospace Research (OAR); or in the case of other major commands and 2750th Air Base Wing, from the chief of the purchasing activity. AFLC AMA directors of procurement and production may delegate this authority to positions not lower than two levels above the contracting officer. This review and approval will be accomplished for:

(i) Determining whether the proposed cancellation is in fact required.

(ii) Attempting to preclude cancellation.

(2) Prior to readvertising supplies or services previously detailed on canceled IFB's, review and approval will be secured as set forth in subparagraph (1) of this paragraph. This review and approval will be accomplished for insuring that readvertising actions are firm and complete.

[28 F.R. 3386, Apr. 6, 1963, as amended at 29 F.R. 1838, Feb. 7, 1964; 29 F.R. 3147, Mar. 7, 1964]

(a) to (d) No implementation.

(e) The data required by § 2.406-3(e) of this title will be submitted in the most expeditious manner to AFLC (MCJCR), marked "Immediate Attention-Mistake In Bid." Review Branch (MCJCR), Hq AFLC, will evaluate the facts presented and prepare an administrative determination according to § 2.406-3 (a) of this title.

(f) Doubtful mistakes in bids will not be submitted by contracting officers directly to the Comptroller General for advance decisions.

(g) If modification is authorized and award is made to the bidder alleging the mistake, a copy of the determination will be furnished to the accounting and finance officer to support payment. MCJCR, Hq AFLC, will maintain the record required by § 2.406-3(g) of this title. At the end of each 6-month period, or more often if warranted, the Staff Judge Advocate will forward to the Procurement Division (MCPP), Hq AFLC, the number of cases handled for the period by types, and his findings as to any pattern disclosed that may indicate the need for additional or revised procurement instructions or procedures. Following review of the findings a copy will

(a) and (b) No implementation.

(c) The authority delegated as listed in § 2.406-4(c)(3) of this title has been redelegated by the Commander, AFLC, to the Director of Procurement and Production and to the Deputy Director of Procurement and Production, Hq AFLC.

(d) Mistakes disclosed after award and processed according to § 2.406-4(d) of this title will be forwarded by the contracting officer to AFLC (MCPKA). Mistakes involving contracts for the sale of Government-owned surplus property will be processed according to chapter 7, section C, Part Two, AFM 177–101 (Basic Systems at Base Level).

[30 F.R. 13632, Oct. 27, 1965]

§ 1002.407

§ 1002.407-9

Award.

Protests against award. (a) No implementation.

(b) Protests before awards: (1) No implementation.

(2) No implementation. (i) If the written protest is received by the contracting officer within the required time, he will investigate. It is the responsibility of the contracting officer to decide, whenever possible, with the concurrence or advice of the local staff judge advocate, if necessary, whether the protest has any valid basis and to take appropriate action on the protest. If his conclusion is affirmative, he will take necessary action to rectify the erroneous action. If his conclusion is negative or if he deems it desirable to obtain the views of higher authority, he will make a written statement of his opinion in the matter supported by copies of all pertinent papers. Contracting officers at activities other than AFSC activities will submit the protest and statement to AFLC (MCPP) for decision. Contracting officers at AFSC activities will submit their protests to AFSC (SCKP) for decision. The letter of transmittal should be forwarded by the most expeditious means and marked "Immediate ActionProtest Before Award." The protest report will include the following in sequence:

(a) Copy of Protest.