(b) Copy of contracting officer's letter acknowledging protest, stating action he proposes to take regardless of manner in which he received notification.

(c) Contracting officer's statement of facts and findings. Comments shall be made by the contracting officer on each allegation made by the protestant. The merit of each allegation will be discussed and conclusions supported by AFPI/ ASPR references as well as Comptroller General decisions where appropriate. Last sentence of statement will include contracting officer's recommendation. Exhibits and documentary evidence, e.g., Preaward Surveys, letters, comments, and affidavits from other Air Force activities, DOD, other Government agencies, or other interested parties pertinent to the protest will be complete and properly tabbed.

(d) Copy of IFB with amendments (less applicable drawings, unless pertinent to the protest).

(e) Copy of protestant's bid, if any (less General Provisions, Technical Provisions, etc., which do not require completion by the bidder and are otherwise included in the IFB). Include brochures and descriptive literature, where appropriate.

(f) Copy of the low bid or copy of the bid of the successful bidder to whom award has been or is proposed to be made. (Less material mentioned in (e) of this subdivision.) Include brochures and descriptive literature, where appropriate. (g) Copy of the Abstract of Bids.

(h) Copy of local staff judge advocate's opinion, pertinent to the protest, if appropriate, as indicated in the introduction of this subparagraph.

(ii) The letter of transmittal: (a) Will contain current status of award or contract. If award has been made, indicate if performance has commenced, shipment or delivery has been made, award action has been suspended, or stop work order issued.

(b) Will contain name and complete telephone number of person within the procurement office who may be contacted for information relevant to the protest.

(c) Will be signed at AFLC activities by the Director of Procurement and Production or his deputy.

(d) Will be signed at AFSC activities by the senior staff officer responsible for Procurement or his deputy.

(e) Will be signed by the Chief or Deputy Chief of the Purchasing Office at all other activities.

(f) Where corrective action is required the letter will indicate the action taken to preclude recurrence.

Submissions of protests to

AFLC

(MCPP) or AFSC (SCKP) under this section (except on protests which are filed at Hq AFLC, Hq AFSC, or higher level) may be dispensed with by the contracting officer only if he is satisfied that the protest is without any reasonable degree of foundation. In such case except as modified in subparagraph (2) (iii) and (iv) of this paragraph and paragraph (e) of this section, the contracting officer on his own responsibility, after receiving that guidance necessary and appropriate under the circumstances, such as that of the local staff judge advocate, may disallow the protest. In such case, the contracting officer should reply to the protester in writing making a timely and complete answer to the allegations of the protesting bidder.

(iii) Where it is known that a protest against the making of an award has been lodged directly with the Comptroller General, a determination by the contracting officer to make award under § 2.407-9 (b) (3) of this title must be approved by Hq USAF before the award is made.

(iv) Notices of intent to make awards with appropriate justification will be furnished to Hq USAF (AFSPPCA) for submittal to the Comptroller General. A copy of the notice of intent will be sent to AFLC (MCPP) or AFSC (SCKP), as appropriate. Hq USAF will advise the contracting officer forwarding the notice of intent whether the determination to make award prior to decision by the Comptroller General is approved or disapproved. This notice will be made through AFLC (MCPP) or AFSC

(SCKP), as appropriate.

(c) Protests after award: All protests after award will be processed to AFLC (MCPP) or AFSC (SCKP), as appropriate. The protest report will include the material listed in paragraph (b) (2) (i) and (ii) of this section.

(d) Except as modified in paragraph (e) of this section, the Director of Procurement and Production (MCP), the Assistant to the Director (MCP-3), Hq AFLC, the Deputy Chief of Staff/Procurement and Production, and the Assistant Deputy Chief of Staff/Procurement and Production (SCK), Hq AFSC, are authorized to render final decision on

protests before and after award which are lodged at no higher than major command or subordinate field organization level.

(e) Reports on protests before and after award which are filed at Hq USAF or higher level, including cases where copies of protests are known to have been furnished to Hq USAF or a higher level, such as to Congressmen and the Comptroller General, will be forwarded through Hq AFLC (MCPP) or Hq AFSC (SCKP), as appropriate, to USAF (AFSPPCA) for decision. In addition, complicated cases which involve policy not clearly enunciated in regulations, and those where the protester indicates intention to carry the protest to a higher level unless favorably considered will also be forwarded through established command channels to Hq USAF for decision.

[30 F.R. 13632, Oct. 27, 1965, as amended at 81 FR. 14974, Nov. 29, 1966]

§ 1002.408 Information to bidders. [27 F.R. 2101, Mar. 3, 1962]

§ 1002.408-1 Unclassified awards.

(a) Generally, unsuccessful bidders should be notified in writing that their bid was not accepted. Determination of the means of notifying unsuccessful bidders that their bid was not accepted is at the discretion of the contracting officer. Such determination should be based on the contracting officers evaluation of the economies of form post cards or form letters versus the goodwill derived from personal letters. When form letters and personal letters are used, they should be similar to the following:

Gentlemen: Receipt is acknowledged of your bid in response to our Invitation for Bid No. This is to inform you that award was made to: Contractor

State

City Item No. Price The interest shown by your firm in submitting a bid is appreciated. However, we are unable to award you a contract in this instance.

Very truly yours,

(Contracting Officer)

(b) In case, when an inquiry is made, the letter is addressed to an unsuccessful bidder who is lower in price than the successful bidder due to rejection of the lower bid on the basis of a negative preaward survey (facility capability report), the last paragraph will read as follows:

The interest shown by your firm in submitting a bid is appreciated; however, we are unable to award you a contract in this instance due to a negative preaward survey (facility capability report) on your firm with respect to this procurement. Basis for the negative survey report cannot be provided to you by the undersigned but may be obtained from the chief of the activity that performed the survey, located at

(here insert name and address of the administering activity).

(c) When unsuccessful bidders are notified orally that their bid was not accepted, a memorandum to this effect setting forth date, place, and individual notified will be placed in the contract file. [29 F.R. 2496, Feb. 15, 1964, as amended at 31 F.R. 14975, Nov. 29, 1966]

Subpart E-Two-Step Formal
Advertising

SOURCE: The provisions of this Subpart E appear at 30 F.R. 1776, Feb. 9, 1965, unless otherwise noted.

§ 1002.500 Applicability of subpart.

This subpart applies to all AF procurement activities.

Qualified engineers and other technically qualified personnel must be available to evaluate technical proposals. If two-step formal advertising is desired and qualified engineers or technical personnel are not available on the installation to evaluate technical proposals, assistance will be requested from other installations or higher headquarters.

§ 1002.502 Conditions for use.

It is necessary to obtain concurrence of the cognizant engineering or technical activity before using this procedure. If the engineering or technical activity does not concur in using this procedure for the procurement under consideration, the nonconcurrence will be signed at the level of the chief of the engineering or technical activity, or comparable level, and will be considered a final determination not to use this procedure. The reasons cited in the nonconcurrence will be considered in determining an alternate method of procurement.

the detailed requirements for the technical proposal to give all bidders an equal opportunity to submit the required data. The engineering or technical activity will furnish to the buyer the criteria for technical proposals, cutoff date for receipt of technical proposals, and anticipated date evaluation of technical proposals will be completed.

(a) Request for technical proposals. The letter request for technical proposals will be identified as "Letter Request for Technical Proposals (add applicable purchase request number)." The IFB resulting from the request for technical proposals will be numbered in the normal manner. Distribution of request for technical proposals and data will be according to § 1001.1002-51(a) of this subchapter.

(b) Evaluation of technical proposals. The engineering activity or technically qualified personnel will submit recommendations to the buyer for discussions with firms which submitted marginal proposals. Following any discussions with the bidders, the engineering or technical activity will consider the additional information or clarification obtained and furnish the buyer its final evaluation of each technical proposal. Acceptable proposals will be so designated. For unacceptable proposals, the engineering or technical activity will furnish complete and detailed reasons why the proposal is not acceptable. Technical evaluations listing proposals which are unacceptable must clearly state whether rejection is based on the failure of the firm to furnish sufficient information or because of an unacceptable engineering approach. If the rejection is because of missing information required for evaluation, the evaluating activity must state specifically what information was not furnished. These evaluations are recommendations only and must be approved by the contracting officer, as selection of sources is his responsibility. When differences of opinion cannot be resolved, the contracting officer should request the chief or deputy chief of the buying or procurement activity to discuss the areas of disagreement with the chief of the engineering or technical activity and furnish the contracting officer a written recommendation as to an appropriate resolution of the matter.

Sec.

1003.2004 Conduct of negotiations. 1003.2005 Special instructions for repricing BOAS.

1003.2006 Repricing of terminated contracts.

AUTHORITY: The provisions of this Part 1003 issued under secs. 8012, 2301, 70A Stat. 488, 127; 10 U.S.C. 8012, 2301–2314.

Subpart A-Use of Negotiation

§ 1003.101 Negotiation as distinguished from formal advertising.

[27 F.R. 2402, Mar. 14, 1962, as amended at 27 F.R. 9945, Oct. 10, 1962]

§ 1003.101-50 Requests for proposals (RFPs).

Requests for proposals will contain language, terms, and conditions necessary to obtain from prospective contractors the information needed to consider the appropriate factors set forth in § 3.101 of this title. Further, RFPs will: (a) Contain the special provision in § 9.110(a) (2) (i) of this title on “Royalty Information" when conditions set forth therein are applicable.

(b) Contain the following clause when a pre-award survey is contemplated as prescribed in Subpart I, Part 1 of this title: "Offeror represents that the estimated percentage of subcontracting contemplated on this procurement is percent."

NOTE: The "percentage of subcontracting" will be reported as a percentage of the prime contractors' selling price.

[27 F.R. 2402, Mar. 14, 1962, as amended at 30 F.R. 7189, May 28, 1965]

§ 1003.103 Records and reports of negotiated contracts.

(a) Records for reporting purposes. See Part 1057 of this subchapter.

(b) Records for individual negotiated contracts. A record of each negotiated procurement will be maintained in the contracting office. The record will indicate the extent of competition, including the names and addresses of the sources requested to submit quotations, and the results thereof; and whether contact was made in writing, in person, by telephone, or other means; or will explain the absence of competition.

(c) AFPI Form 71, "Abstract of Proposals/Quotations (Negotiated Procurement)," or AFPI Form 37, "Abstract of Bids (Procurement)," will be used when a need exists for an abstract form to: (1) Assist in evaluating proposals/quotations received and (2) to maintain the

[27 F.R. 2404, Mar. 14, 1962]

§ 1003.204-50 Procurement of expert

and consultant services by contract. The following procedures will be observed to obtain authority to procure expert and consultant services regardless of the negotiation authority used:

(a) For management-engineering and miscellaneous personal or professional services other than architect-engineer (see AFR 25-4 (Expert and Consultant Services)).

(b) For professional nonpersonal architect-engineer services (see AFR 85-8 (Selecting Architect-Engineers for Professional Services by Negotiated Contracts)).

[28 F.R. 3387, Apr. 6, 1963]
§ 1003.207
plies.

Medicines or medical sup.