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developed under the Production Allocation Program. However, the bidders' list will include all planned producers for the item.

(b) The Armed Services Procurement Planning Officer (ASPPO), as set forth in the Register of Planned Producers, will be informed when any contract regardless of duration, is placed in a facility for which production planning has been initiated. The ASPPO will advise all affected claimant agencies that a contract has been placed with the planned producer, including the period of a contract performance, so that they may take, or in the event of M-Day be prepared to take, appropriate action.

(c) As a general rule, a manufacturer engaged in production of a military item at the time an emergency develops will be required to continue to produce that item regardless of whether or not it is in line with his production allocation planning agreement. Therefore, whenever a current contract for an authorized planning item is awarded to a qualified producer who is not a planned producer, consideration will be given to bringing the qualified contractor into the Production Allocation Program as a planned producer.

§ 590.1503 DOD Directive 3005.3, December 7, 1954, "Maintenance of the Mobilization Base". (a) DOD Directive 3005.3 requires that a review be made of proposed procurement of items contained in the Preferential Planning List and that responsibility for such review be maintained at the level of the Procurement Secretaries or their authorized designees. Each chief of a technical service is appointed an authorized designee of the Assistant Secretary of the Army (Logistics) for the purpose of reviewing those items on the Preferential Planning List for which his technical service has been assigned procurement responsibility. Chiefs of technical services may designate general officers within their respective technical services to perform the required review. The review, in furtherence of the policy quoted in § 590.1501 and to integrate current procurement with military mobilization plans, will take into consideration the following factors:

(1) Maintaining multiple sources of supply;

(2) Geographic dispersal;

(3) Avoidance of undue concentration of contracts in a few leading suppliers;

(4) Multiple awards;

(5) Preservation of essential skilled labor forces;

(6) Utilization of existing open industrial capacity;

(7) Preservation of essential management organization and “know-how";

(8) Maximum subcontracting; and

(9) Any other factors relevant to maintaining a sound mobilization base, including the utilization of small business concerns to the maximum extent practicable.

(b) In carrying out negotiations under this program, the authority contained in 10 U. S. C. 2304 (a) (16) shall be used. In this connection comparative price experience shall be used to negotiate the best possible price for the Government.

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591.408

591.408-1

Title II of the First War Powers Act, 1941. [Added] Information to bidders.

[Amended]

Synopses of contract awards. [Added]

Statement of policy. [Added; revoked]

591.408-2 Preparation and transmittal of synopsis. [Added; revoked] 591.408-50 Preparation and transmittal of synopsis. [Added]

591.450 591.451 Synopses of awards. [Revoked] 591.452 Protest. [Revised]

Distribution of bids and abstracts. Amended]

AUTHORITY NOTE: The citation of authority for Part 591 is changed to read:

AUTHORITY: §§ 591.000 to 591.504 issued under sec. 3012, 70A Stat. 157: 10 U. S. C. 3012. Interpret or apply secs. 2301-2314, 70A Stat. 127-133; 10 U. S. C. 2301-2314.

SUBPART B-SOLICITATION OF BIDS

§ 591.201 Preparation of forms.

(e) Delivery clause. (1) The time of delivery is a material requirement of a procurement and must be clearly set forth in the invitation.

(2) Each Invitation for Bids will contain a delivery clause designed to meet the requirements of the particular procurement and will be prepared in conformity with the following:

(i) Delivery requirements stated in the invitation shall be as realistic of attainment as possible. Contracting Officers will question any delivery requirement which appears to be unrealistic and make appropriate adjustments, in coordination with the initiator of the requirement, prior to issuing the invitation.

(ii) The invitation will state the time limitations on delivery within which delivery offers will be considered responsive to the invitation. Particular care will be taken to insure that the Government's latest acceptable delivery time is clearly set forth. Bidders shall be advised that:

(a) Bids offering delivery within the acceptable time limits stated will be considered responsive to the delivery re

quirements of the invitation and will be evaluated equally, and

(b) Bids offering delivery beyond these limits will be rejected as nonresponsive. (3) Consideration will be given to incorporating the liquidated damages clause (§ 7.105-5 of this title) in IFB's in cases where delay in delivery may cause damage to the Government in an indeterminable amount.

(f) Place of delivery. (1) Transportation factors to be included in invitations for bids are set forth in § 606.1005 (b) of this subchapter.

(2) When transportation costs are important and the exact destination of the supplies being purchased is not known at the time bids are solicited, but the general geographical section in which delivery will be made is known, as East Coast, Middle West, or West Coast, for purposes of evaluation of bids only, a definite place may be designated in the known geographical sector as the point to which transportation costs will be computed in determining the low bidder. In order that prospective bidders may understand the method of evaluation to be used, the following clause should be incorporated in the Schedule:

For the purpose of evaluating bids (and for no other purpose), the final destination(s) for the supplies will be considered to be as follows

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(i) Price escalation. If it is anticipated that some or all of the bidders will respond with bids which will include a provision for escalation, the Invitations for Bids will clearly state the specific escalation clause (to be selected by the Contracting Officer from the clauses appearing in § 7.106 of this title and § 596.151 of this subchapter) which may be included in the bid and which will be considered responsive. The Invitations for Bids shall further state that all bids which include a provision for escalation will be evaluated after applying the maximum amount of escalation.

(j) Availability, identification, and review of specifications. Each invitation for bids shall list for each item included therein the applicable specifications as authorized for procurement in § 590.305 (a), or will contain a description as provided in § 590.305 (c). Such reference to specifications shall include the title and symbols, with any revision letters, and dates, including any amendments identified by numbers and dates. Prior

to issuance of invitations for bids the proposed specifications shall be reviewed in accordance with procedures prescribed by heads of procuring activities: (1) To insure compliance with the provisions of § 590.305, and (2) to eliminate subsequent procurement actions which would be prejudicial to the Government and to potential bidders. Such review is intended to eliminate or correct unduly restrictive specifications and to prevent, insofar as practicable, the necessity for amendment of invitations after issuance, and the cancellation of invitations after opening, with consequent disclosure of bids where no award is to be made.

CODIFICATION: § 591.201 was amended in the following respects:

1. Paragraph (e) was amended to read as set forth above, 22 F. R. 3173, May 4, 1957.

2. Paragraphs (f) and (1) were amended to read as set forth above, 21 F. R. 6372, Aug. 24, 1956.

3. Former paragraph (1) was revoked, 21 F. R. 6372, Aug. 24, 1956. A new paragraph (1) was added, 22 F. R. 1806, Mar. 30, 1957 and subsequently amended to read as set forth above, 22 F. R. 10921, Dec. 28, 1957.

§ 591.202 Methods of soliciting bids— (a) Issue of Invitations for Bids. Invitations for Bids shall be issued by a Contracting Officer, or by an agency or individual authorized by him. The Contracting Officer shall, however, make each award and sign each contract. [Paragraph (a) amended, 21 F. R. 6372, Aug. 24, 1956]

(b) Time allowed before opening. Invitations for bids, will as a rule, allow 30 days to intervene between the date of issuance and the date of opening bids. A shorter period may be allowed, but no period less than 10 days will be designated, except in case of emergency. The existence of such emergency will be determined by the Contracting Officer, and the copy of the invitation furnished the Procurement Information Center, Office of the Deputy Chief of Staff for Logistics, Department of the Army (§ 591.251 (a)), will bear on its face the following certificate and appropriate reasons signed by the Contracting Officer:

I certify that the date shown hereon for the opening of bids cannot be a later date for the following reasons:

[Paragraph (b) amended, 20 F. R. 5484, Aug. 2, 1955]

§ 591.203 Office of permanent record (a) Preaward transaction file. (1)

Each purchasing office or installation which initiates or effects procurement by formal advertising will maintain a master file for each procurement initiated. This file will contain the original or a certified copy of each paper related to the procurement, beginning with the procurement directive or other paper initiating the procurement. The purpose of the file is to provide a complete resume of the transaction prior to and including the award. This master file shall be preserved in the office or installation which initiated the procurement unless responsibility for the file is transferred to another office, or retirement or destruction is authorized under the provisions of pertinent Army regulations.

(2) In the event the resulting contract or contracts are transferred to other offices or installations for administration, only those records that are necessary for the administration of the contract are required to be forwarded to the administering office or installation. The cover sheet for the contract administration file maintained by the office or installation administering the contract (paragraph (b) of this section) shall identify the master file and give the name of the installation where the contract was initiated and where all records not transferred are maintained. Original or authenticated copies of correspondence pertinent to the contract and all required determinations and findings with supporting data such as are involved in awards to other than low bidders, mistake in bid cases, preaward surveys, invitations for bids and abstracts of bids, etc., pertaining to a particular contract shall accompany such contract at all times.

(b) Contract administration file. Each purchasing office or installation which administers contracts awarded by formal advertising will maintain files which will provide a complete resume of the administration of each contract. These files need not be retained in a central location in the purchasing office or installation when it is administratively advantageous to maintain portions thereof on the site of performance. Unless these files are set up on an individual contract basis they must be so organized that they will provide an accurate and complete identification and cross-reference to related files.

(c) The policy and procedure for the organization and maintenance of all

contract files are set forth in § 606.210 of this chapter.

(d) Contract files shall be retired or disposed of in accordance with the provisions of pertinent Army regulations. [23 F. R. 6103, Aug. 9, 1958]

Prior Amendments

1957: 22 F. R. 9217, Nov. 19.

§ 591.204 Bidders' mailing list. CODIFICATION: In § 591.204, paragraph (a) was revoked, 20 F. R. 3505, May 19, 1955. § 591.206 Synopses of proposed procurements.

[20 F. R. 3505, May 19, 1955]

§ 591.206-2 Preparation and transmittal of synopses. [Added, 20 F. R. 3505, May 19, 1955; revoked, 20 F. R. 5485, Aug. 2, 1955]

§ 591.206-50 Preparation and transmittal of synopses. Subject to the requirements of § 2.206 of this title, purchasing officers shall prepare and forward synopses of proposed procurements as follows:

(a) All synopses shall be forwarded via teletypewriter to the Commerce Department Field Services, Chicago, Illinois, simultaneously with or at the earliest practicable time prior to issuance of invitations for bids or requests for proposals as is deemed appropriate.

(b) Each synopsis shall include the following and be prepared on DD Form 173 (Joint Message Form) as described in this paragraph:

(1) The first line of the text of the message will state the number of the synopses being sent. Synopses will be numbered consecutively. Each office where procurement originates will continue its current numbering series. (If a new series is used, the new series will start with 1 (one) on 1 January of each year.) Double space between this and the next line.

(2) The second line of the text of the message will state the name and location of the purchasing office (do not abbreviate except for name of State) straight across the page, not to exceed 69 typewritten spaces, double space and continue on subsequent line or lines if necessary. The address may include an attention phrase directed to an official by name or title.

(3) Four spaces below the preceding line entry (the name and address of the

office announcing the proposed procurement) the description of the supplies or services being procured will begin in narrative paragraph form, double spaced, with each line commencing flush with the left-hand margin. If the synopses contains a number of items having the same purchase reference number and the same bid opening date or advance notice date, the description should be preceded by a blanket statement such as, "The following described items are to be procured under IFB ENG-49-08055-2-Opening Date, 31 August 1955." The length of the lines in the description will not exceed 69 typewritten spaces. The description will be clear, concise, and with a minimum number of words but sufficient for understanding by interested parties. It will include, as appropriate, commonly used names of supply items, basic materials from which fabricated, general size or dimensions, citations of specification or drawing numbers, or other data. No abbreviations will be used in describing supplies or services, although standard abbreviations may be used in listing the Quantity, Purchase Reference Number, Specifications and Bid Opening Date. Punctuation symbols will be used as in normal correspondence. Fractions on typewriter keys will not be used but fractions may be expressed by (number) / (number), e. g., 11/16, 1/4, 1/2. The symbol # or @ or may not be used since they are not used in teletypewriter operation.

(4) Following the complete description of the supplies or services which will end with a period, two hyphens will be used to set off the quantity to be procured. The quantity usually will be stated in numerals followed by the unit. (Abbreviations of units are permissible i. e., lbs., ea., doz.). Whenever it is necessary to use "Indefinite Quantity," the description should include a statement as to the duration of the contract or period covered.

(5) The quantity will be followed by two hyphens before commencing with the Invitation for Bid number or other Purchase Reference Number, which may consist of letters, numerals, or abbreviations separated by hyphens or spaces. Invitations for Bid numbers will be identified and followed by the letter "B". Request for Proposals will be followed by the letter "Q". Purchase Reference Numbers should not be broken or appear on one line carried over on the subsequent line, as the insertion of a hyphen

for the carry-over would change the reference number.

(6) Two hyphens will be used following the Invitation for Bid number or Purchase Reference Number to set off the bid opening date or the advance notification date. The date should be stated in military style (date, month, and year, i. e., 1 Aug 54). If the synopsis is published prior to issuance of the invitation for bids or request for proposals, the synopsis shall include a statement to the effect that requests for such invitations or proposals should be received not later than 10 days from the date of publication of such synopsis in order to enable the purchasing office to mail such invitation for bids or request for proposals direct to the inquirer at the time of issuance thereof.

(c) In addition to the foregoing, where the proposed procurement is to be effected in accordance with a small business joint determination (small business joint determinations are made by assigned representatives of the Small Business Administration and the contracting office to earmark all or part of a specific procurement for exclusive participation by small business concerns), the synopsis shall (i) in those cases where there is a 100 percent small business joint determination, state that "The proposed procurement(s) listed herein is (are) under 100 percent small business joint determination," or (ii) in those cases where there is a partial small business joint determination, state that "An additional quantity of is being

reserved for small business under a partial joint determination."

(d) Synopses shall be teletyped to the following address at the end of each day: Synopsis

Commerce Department
Field Service
Chicago, Illinois

(e) Where access to the Army Command and Administrative Network (ACAN) is not available, synopses will be dispatched via air mail to the following address:

U. S. Department of Commerce
433 West Van Buren Street
Room 1300

Chicago 7, Illinois

Synopses air mailed will be prepared in the same manner and contain the same information required for synopses which are teletyped (paragraph (a) of this section).

(f) Each reporting office will discuss the instructions contained in this paragraph with its communication office so that the manner in which the message is to be transmitted is understood by the office preparing the message and the communication office.

[20 F. R. 5485, Aug. 2, 1955]

§ 591.206-51 Information copies. In addition to the requirements of § 591.20650 (a), a copy of the synopses will be forwarded by mail to Procurement Information Center, Office of the Deputy Chief of Staff for Logistics, Department of the Army, Old Post Office Building, Twelfth and Pennsylvania Avenue NW., Washington 25, D. C.

[20 F. R. 5485, Aug. 2, 1955]

§ 591.250 Distribution of Invitations for Bids and Requests for Proposals. In addition to the distribution of Invitations for Bids or Requests for Proposals to prospective bidders referred to in §§ 2.202-1 and 3.101 of this title; and §§ 591.202-1 and 592.101 (c) of this subchapter, additional distribution shall be made as follows:

(a) Procurement Information Center. One copy of every unclassified Request for Proposals which is subject to being published in the Department of Commerce publications "Synopsis of U. S. Government Proposed Procurement, Sales, and Contract Awards" (§§ 2.206-1 and 3.106-1 of this title) and one copy of every unclassified Invitation for Bids and one copy of every amendment to each such Request for Proposals or Invitation for Bids, shall be sent directly, on the date issued, to the Procurement Information Center, Office of the Deputy Chief of Staff for Logistics, Department of the Army, Old Post Office Building, Washington 25, D. C. Letters of transmittal are not necessary.

(b) Small Business Specialist or Small Business Representative at Purchasing Office. One copy of each Invitation for Bids or Request for Proposals and amendments thereto, described in paragraph (a) of this section, will be supplied for display purposes (§ 2.202-2 of this title) to the Small Business Specialist or Small Business Representative at the purchasing office of issuance. Three copies of DA Form 1877, properly completed by the Contracting Officer or his authorized representative in accordance with instructions contained in § 606.713 (c) of this subchapter will then be

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