§ 8-2.205-5 Release of bidders mailing list.

When invitations for bids for supply and service contracts have been issued, contracting officers may furnish, upon request of an individual or institution having a bona fide interest in such information, a list of the prospective bidders to whom invitations for bids were submitted. The provisions of FPR 1-2.205-5(b) will be observed with respect to invitations for bids for construction contracts.

[33 FR 75, Jan. 4, 1968]

Subpart 8-2.3-Submission of Bids

SOURCE: 28 FR 2334, Mar. 12, 1963, unless otherwise noted.

§ 8-2.301 Responsiveness of bids.

Where the timeliness of the submission of a bid, modification or withdrawal cannot be administratively determined in accordance with FPR 12.3, the matter will be submitted by the Contracting Officer direct to the Comptroller General for decision. The submission will include copies of all pertinent papers. A copy of each submission will be forwarded to the Assistant Deputy Administrator for Procurement and Supply (93).

[31 FR 12718, Sept. 29, 1966, as amended at 47 FR 26128, June 17, 1982]

§ 8-2.303 Late bids.

§ 8-2.303-2 Consideration for award.

All bids received by mail (or telegram where authorized), will be time and date stamped immediately upon receipt at the VA installation mail room and in the office of the addressee designated in the invitation. This will firmly establish the time of receipt of bids, or when bids are received in the office of the addressee subsequent to the time of opening, it will establish whether or not the delay was due to mishandling on the part of the VA.

§ 8-2.303-5 Hand-carried bids.

A bid hand-carried by the bidder or his agent, will be considered late unless delivered to the addressee designated in the bid invitation prior to the time set for opening.

§ 8-2.403 Recording of bids.

The information required for bid evaluation shall be recorded on an appropriate Abstract of Bids VA Forms 90-1286, 90-2232 (or 60-2232), or 086103. The evaluation data may be recorded

on supplemental sheets or forms such as VA Form 10-2237b, Request for Dietetic Supplies, providing that such supplemental sheets or forms are covered by one of the forms authorized above for recording bid or price data. In addition to those instructions set forth in FPR 1-2.403, the bid opening officer shall certify on the abstract the date and hour at which the bids were opened. Where erasures, strikeovers, or changes in price are noted at the time of opening, a statement to that effect will also be included on, or attached to, the abstract or record of bids.

[35 FR 15756, Oct. 7, 1970, as amended at 47 FR 26128, June 17, 1982]

§ 8-2.404 Rejection of bids. [28 FR 2334, Mar. 12, 1963]

§ 8-2.404-1 Cancellation of invitation after opening.

A copy of each invitation for bids which is canceled as provided for in FPR 1-2.404-1, together with the abstract showing to whom such bids were sent, will be filed in a separate

folder identified by the invitation number. Invitations for bids which result in no bids being received will be handled in like manner. In each instance the abstract will be annotated to show why an award was not made. These folders will be retained for the current and two succeeding fiscal years.

[33 FR 75, Jan. 4, 1968]

§ 8-2.404-2 Rejection of individual bids.

(a) When a bid that is being considered for an award is found to be incomplete, i.e., all pages of the invitation have not been returned by the bidder, the contracting officer will take whichever of the following actions is appropriate:

(1) Make a determination that the bid as submitted is in such a form that acceptance would create a valid and binding contract, requiring the contractor to perform in accordance with all of the material terms and conditions of the invitation. Such a determination may be based on the fact that the bid as submitted includes evidence that the offeror intends to be bound by all the material, terms and conditions of the invitation.

(2) Make a determination that the bid as submitted is in such form that acceptance would not create a valid and binding contract.

(b) When a single bid is received in response to a solicitation, the offer shall not be rejected simply because it specifies a bid acceptance time which is shorter than that contained in the solicitation, unless a compelling reason exists for rejecting such a bid. Insufficient time to properly evaluate an offer shall be considered a compelling reason for rejection; however, the contracting officer will first request the offeror to extend the acceptance date of the bid to allow for a proper evaluation.

NOTE: In those cases where more than one bid is received, an individual bid which is not in compliance with the Government's bid acceptance time shall be rejected as nonresponsive since consideration of such an offer would unfairly disadvantage other bidders.

(c) Questions involving the responsiveness of a bid which cannot be re

(a) In accordance with the provisions of FPR 1-2.406-3(b), the authority of the Administrator to make the administrative determinations set forth in FPR 1-2.406-3(a) is hereby delegated, without power of redelegation, to the Assistant Deputy Administrator for Procurement and Supply (93). This delegation in no way impairs the delegations contained in Comptroller General Decision B122003, dated November 22, 1954.

(b) When a bidder alleges a mistake in his or her bid prior to award, the contracting officer will, after complying with the provisions of FPR 12.406-3, submit the complete file to the Assistant Deputy Administrator for Procurement and Supply (93), for an administrative determination. Based upon the evidence submitted, the Assistant Deputy Administrator for Procurement and Supply (93), will determine the action to be taken by the contracting officer. This determination will, prior to its release to the contracting officer, be submitted to the General Counsel for approval. Pending receipt of the determination no award shall be made.

(c) When the Assistant Deputy Administrator for Procurement and Supply (93), based on the evidence submitted, believes that the case should be submitted to the Comptrol

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ler General for decision, he/she will prepare the submission and forward it to the Comptroller General. The decision of the Comptroller General will be furnished to the contracting officer by the Assistant Deputy Administrator for Procurement and Supply (93). A copy of each such decision will be furnished to the General Counsel.

[35 FR 11472, July 17, 1970, as amended at 39 FR 38378, Oct. 31, 1974; 47 FR 26128, June 17, 1982]

§ 8-2.406-4 Disclosure of mistakes after award.

(a) When a contracting officer corrects a mistake in bid pursuant to FPR 1-2.406-4(a), a copy of the contract amendment or supplemental agreement together with a copy of the contracting officer's determination will be forwarded to the Assistant Deputy Administrator for Procurement and Supply (93).

(b) For mistakes in bid other than those specified in paragraph (a) of this section, the contracting officer's proposed determination, prepared in accordance with FPR 1-2.406-4, will be forwarded to the General Counsel (025) through the Assistant Deputy Administrator for Procurement and Supply (93). The approval and/or recommendations of the General Counsel and the Assistant Deputy Administrator for Procurement and Supply will be transmitted to the contracting officer by the Assistant Deputy Administrator for Procurement and Supply. The contracting officer will make the final determination as directed by the Assistant Deputy Administrator for Procurement and Supply. The contracting officer will transmit a copy of the signed final decision letter to the Assistant Deputy Administrator for Procurement and Supply (93).

(c) The Assistant Deputy Administrator for Procurement and Supply (93) will maintain the agency records of mistakes in bids after award, as required by FPR 1-2.406-4.

[47 FR 26128, June 17, 1982]

§ 8-2.407 Award.

[28 FR 2334, Mar. 12, 1963]

(a) Contracting officers will, prior to award of a contract for the purchase of a firm or indefinite quantity of supplies, equipment or services (excluding construction) at an actual or estimated cost of $200,000 or more, forward to the Assistant Deputy Administrator for Procurement and Supply (93):

(1) By teletype on routine awards (no exceptions, protests or mistakes, etc.):

(i) Name and address of proposed awardee.

(ii) Amount of contract.

(iii) Statement of clean bid (no exceptions, protests or mistakes, etc.)

(iv) Contracting officer's determination of bidder's responsibility (history of performance with the Veterans Administration).

(2) On other than routine awards: (i) A copy of the appropriate specification.

(ii) A copy of each bid received including any correspondence accompanying a bid.

(iii) Copies of correspondence received in lieu of a bid.

(iv) A copy of the abstract. (v) Contracting officer's determination of bidder's responsibility.

(vi) Statement as to proposed inspection and testing to assure compliance with specifications.

(vii) Contracting officer's analysis of bids received and his/her determination as to the award.

(b) The Assistant Deputy Administrator for Procurement and Supply (93), on completion of his/her review, will inform the contracting officer whether an award should or should not be made. In the event an award is not recommended, the specific reason for such a decision will be furnished the contracting officer.

(c) Multiple bids submitted by one individual on his/her own behalf or on behalf of two or more companies, or by two or more affiliated companies, may be considered in making an award, provided the bids were not submitted:

(1) For the purpose of circumventing a law such as the Davis-Bacon Act or the Walsh-Healey Public Contracts Act, or

(2) For any other purpose which would be prejudicial to the United States or to other bidders.

(d) To preclude any bidder from gaining an unfair advantage through the submission of multiple bids which are equal in all respects to other low bids received under the same invitation for bids, only one such bid shall be considered in the award by lot. The selection of the bid (of the equal multiple bids received) to represent the person or firm, or affiliates thereof, shall be by lot.

[29 FR 12772, Sept. 10, 1964, as amended at 39 FR 17103, May 13, 1974; 39 FR 38378, Oct. 31, 1974; 47 FR 26128, June 17, 1982]

(a) The contracting officer will, as provided in FPR 1-2.407-3, establish the minimum discount period that will be considered in evaluating offers for award. When this period is determined to be 10 days, this fact will be so stated in the solicitation. If, however, the period is determined to be in excess of 10 days, the following annotation will be inserted in block 16 of Standard Form 33 immediately following the word "payment": "See paragraph 9, Standard Form 33A."

(b) Invitations for bids or requests for proposals involving a trade-in will provide that when a prompt payment discount is offered the discount will be computed on the gross purchase price. [33 FR 75, Jan. 4, 1968, as amended at 33 FR 14780, Oct. 3, 1968]

§ 8-2.407-8 Protests against award.

(a) General. When a protest against the award of a contract or a request from the General Accounting Office for an agency report relative to a protest against an award lodged with that agency is received in Central Office, the protest or request will be immediately forwarded to the Assistant Deputy Administrator for Procurement and Supply (93). Protests or requests concerning Central Office architect-engineer or construction contracts will be forwarded to the Assistant Deputy Administrator for Construction. The Assistant Deputy Administrator for Construction or Assistant Deputy Administrator for Pro

curement and Supply, whichever is appropriate, will immediately notify the contracting officer, furnish him/her a copy of the protest, and request him/ her to furnish the information required by FPR 1-2.407-8(a)(2). Should the circumstances warrant, the contracting officer will be advised to notify all parties involved in or affected by the protest and to secure from them their views as provided in FPR 1-2.407-8(a)(3), (b)(2), and (c).

(b) Protest before award. When a written protest has been lodged with the contracting officer, and he/she considers it desirable to do so, he/she may obtain the views of the Comptroller General. The submission will be made direct to the Comptroller General and will include the material indicated in FPR 1.2-407-8(a)(2). Simultaneous with the submission of a protest to the Comptroller General by a contracting officer under authority of this paragraph, the Assistant Deputy Administrator for Procurement and Supply (93) will be furnished a complete copy of the submission. The contracting officer will notify the protesting individual or firm promptly in writing of the decision of the Comptroller General. A copy of the decision and notification will be furnished the Assistant Deputy Administrator for Procurement and Supply (93).

(1) While a case involving a protest before award is pending in the Office of the Comptroller General, no award may be made except when, in the opinion of the contracting officer, the needs of his/her station will not permit delay in awarding the contract. He/she will document the specific reasons why the award must be made and submit a request for approval to the Assistant Deputy Administrator for Procurement and Supply (93) or the Assistant Deputy Administrator for Construction, whichever is appropri

ate.

(2) The Assistant Deputy Administrator for Procurement and Supply or the Assistant Deputy Administrator for Construction, whichever is appropriate, will file a notice of intent to make the award with the Comptroller General and request advice as to the status of the case. Upon receipt of this advice, the Assistant Deputy Adminis

trator for Procurement and Supply or the Assistant Deputy Administrator for Construction will approve the request or advise the contracting officer as to the action to be taken.

(c) Protest after award. When a written protest is lodged with the contracting officer, he/she will review the basis for award.

(1) If the contracting officer determines that the award was proper, he/ she will furnish the protester a written explanation of the basis for the award which is responsive to the allegations of the protest. The contracting officer will advise the protester that he/she may appeal the determination to the Assistant Deputy Administrator for Procurement and Supply (93) (or the Assistant Deputy Administrator for Construction in the case of a Central Office architect-engineer or construction contract) or the Comptroller General.

(2) If the contracting officer determines that the award is questionable he/she will advise the contractor of the protest and invite him/her to submit his/her views and relevant information. At the same time, the contracting officer will seek to obtain a mutual agreement with the contractor to suspend performance on a no-cost basis. Whether or not the contractor agrees, the case will be submitted promptly to the Assistant Deputy Administrator for Procurement and Supply (93) (or the Assistant Deputy Administrator for Construction in the case of a Central Office architect-engineer or construction contract), who will either advise the contracting officer of the appropriate action to take, or submit the case to the Comptroller General for his/her decision.

[47 FR 26128, June 17, 1982]

§ 8-2.407-50 Award when only one bid is received.

When only one bid is received in response to an invitation for bids, such bid may be considered and accepted if (a) the specifications used in the invitation were not restrictive, (b) adequate competition was solicited, (c) the price is reasonable, and (d) the bid is otherwise in accordance with the invitation for bids. Such determination

will be made in writing and included on or attached to the abstract of bids. [33 FR 6292, Apr. 23, 1968]

§ 8-2.408 Information to bidders.

(a) Prior to award, no information as to probable acceptance or rejection of any offer shall be given to any bidder or other person outside the VA.

(b) Except as provided in paragraphs (c) and (d) of this section, information as to performance under contract or an accepted bid is not public information and will be released to persons outside the VA only upon the authority of the immediate supervisor of the contracting officer.

(c) Except as provided in paragraph (d) of this section, the contracting officer may furnish information as to performance under a contract to those having a legitimate interest, such as banks, other financial companies and Government departments and agen

cies.

(d) When litigation is involved, all information will be furnished through the General Counsel.

[28 FR 2335, Mar. 12, 1963]

Subpart 8-2.5-Two-step Formal Advertising

§ 8-2.502 Conditions for use.

Two-step formal advertising will not be used by any Veterans Administration procurement activity unless its use has been approved by one of the following officials:

(a) Director, Veterans Administration Marketing Center, for contracts entered into by a Marketing Division.

(b) Assistant Deputy Administrator for Procurement and Supply for contracts entered into by field stations and the Procurement Service, Office of Procurement and Supply, Central Office.

(c) Director, Office of Administration, for contracts entered into by the Building and Supply Service, Central Office.

(d) Assistant Administrator for Construction for all construction contracts, excluding those for maintenance and repair entered into by a field station.