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(d) To contract files. ($ 591.203 and $ 592.308 of this subchapter.) [22 F. R. 3174, May 4, 1957]

Prior Amendments 1955: 20 F. R. 3506, May 19. 1956: 21 F. R. 4275, June 19.

$ 591.405-51 Title II of the First War Powers Act, 1941. Mistake in bid cases processed under authority of Title II of the First War Powers Act, 1941, as amended, will be governed by Subpart D, Part 606 of this subchapter. (20 F. R. 3506, May 19, 1955)

$ 591.407 Information to bidders(a) Unclassified awards. In the case of all unclassified formally advertised contracts, the purchasing office will notify unsuccessful bidders of the fact that their bids were not accepted, and extend the appreciation of the purchasing office for the interest the unsuccessful bidder has shown in submitting a bid. Should additional information be sought, purchasing offices will either provide the unsuccessful bidder with the name and address of the successful bidder, together with the contract price, or inform the inquirer that a copy of the Abstract of Bids is available for inspection at the purchasing office or at the Procurement Information Center, Office of the Deputy Chief of Staff for Logistics, Department of the Army, Old Post Office Building, Twelfth Street and Pennsylvania Avenue, NW., Washington 25, D. C., in the event this latter location is more convenient from a geographical viewpoint than the purchasing office. ($ 591.450 (c).) (Paragraph (a) amended, 22 F. R. 3174, May 4, 1957]

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

Chicago 7, Illinois (b) Synopses of contract awards shall contain the following information:

(1) The name and address of purchasing office;

(2) A clear and concise description of the supplies or services being procured, sufficient for understanding by interested persons, which will include, as appropriate, abbreviations, commonly used names of supply items, basic materials from which fabricated, general size or dimensions, citation to specification or drawing number, or other identifying data, such description to be followed by the contract number and, in parentheses, by the applicable number of the invitation for bids or request for proposals;

(3) The quantity of items;
(4) The dollar amount of the award;

(5) The name and full address of the Contractor; and

(6) When requested by the Prime Contractor, a statement of industries, crafts, processes, or component items in or for which subcontracts are available and subcontractors are desired, in substantially the following form: “Prime Contractor has subcontract work for the following: (insert the applicable industries, crafts, processes, or component items), and desires that subcontractors be located in (insert the general area, if any, indicated by the Prime Contractor, such as Southeast States, West Coast, New England, etc.)"

(c) In addition to the addresses specified in paragraph (a) of this section, one copy of the synopsis will be forwarded by mail to the 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. 5486, Aug. 2, 1955)

§ 591.450 Distribution of bids and abstracts.

(c) Procurement Information Center. (1) Within 3 days after bids have been opened and final action taken thereon, a copy of the abstract of bids will be mailed to the Procurement Information Center, Office of the Deputy Chief of Staff for Logistics, Department of the Army, Old Post Office Building, Twelfth

.

$ 591.408 Synopses of contract awards. [20 F. R. 3506, May 19, 1955)

$ 591.408–1 Statement of policy. [Added, 20 F. R. 3506, May 19, 1955; revoked, 20 F. R. 5486, Aug. 2, 1955)

$ 591.408-2 Preparation and transmittal of synopsis. (Added, 20 F. R. 3506, May 19, 1955; revoked, 20 F. R. 5486, Aug. 2, 1955)

$ 591.408–50 Preparation and transmittal of synopsis. (a) Purchasing offices shall prepare and forward single copies of synopses of contract awards, using the same format as synopses of proposed procurements, $ 591.206–50, to the address below, by air mail, before the close of business at the end of each week.

and Pennsylvania Avenue NW., Washington 25, D. C. [Subparagraph (1) amended, 20 F. R. 5486, Aug. 2, 1955)

$ 591.451 Synopses of awards. [Revoked, 20 F. R. 3506, May 19, 1955]

$ 591.452 Protest. Protests or objections, raised at any time by any party having a legitimate interest, to actions taken or to be taken by a Contracting Officer in connection with a particular procurement, will be processed in accordance with the following instructions:

(a) Where a protest is made prior to making an award, the award will not be made pending resolution of the protest, except that awards may be made in such cases where the items to be procured are urgently required, delivery will be unduly delayed by failure to make award promptly, or it is otherwise in the best interest of the Government. The Contracting Officer will document the contract file in sufficient detail to substantiate the need for an immediate award, and will advise the protesting party in writing of such decision to proceed.

(b) Every effort will be made to resolve protests at the lowest possible level. However, if in the opinion of the Contracting Officer, or higher echelons, it is considered desirable and in the best interests of the Government, the protest will be submitted to higher authority for resolution.

(c) Where the person making the protest has indicated he intends to carry the protest to a certain higher level of authority, the Contracting Officer will submit the protest, through channels, to the indicated level of authority for final resolution.

(d) Where a protest affects another bidder, a contractor, or any other party having a legitimate interest, the Contracting Officer normally will give prompt notice of the protest to such parties in order that they may take appropriate action on their own behalf. The extent of the information to be furnished to affected parties will require exercise of judgment on a case by case basis, giving due weight to salient aspects of the particular matter. These aspects may include, but are not necessarily limited to, legal considerations, the interest of the Government, equitable consideration for the interests of affected parties, and mitigation of losses or other injuries to

any and all parties concerned. It must be emphasized to the recipients of such a notice of protest that the notice in no way relieves them of any obligations, under a contract or otherwise, but is primarily intended to afford them a fair opportunity to be heard by, and to present evidence for the consideration of, the agency which will render a decision in the case.

(e) Protests submitted for final resolution to levels of authority higher than the head of a Procuring Activity will be forwarded to the Deputy Chief of Staff for Logistics, Department of the Army, ATTN: Chief, Contracts Branch.

(f) In submitting protests to higher authority, the Contracting Officer will forward a completely documented case, including the following:

(1) A signed statement from the person making the protest setting forth the complete facts on which the protest is based together with any additional supporting evidence.

(2) A signed statement, when relevant, from other persons or bidders affected by or involved in the protest, setting forth the complete facts with respect to their position in the matter, together with any additional supporting evidence.

(3) A copy of the bid of the protesting bidder and a copy of the bid of the bidder to whom award has been made or who is being considered for the award, if relevant to the protest.

(4) A copy of the invitation for bids including, where practicable, pertinent specifications, if relevant to the protest.

(5) A copy of the abstract of bids.

(6) Any other documents which are relevant to the protest.

(7) A signed statement from the Contracting Officer setting forth his findings, actions, and recommendations in the matter, together with any additional information and evidence deemed to be necessary in determining the validity of the protest.

(g) Protest cases submitted by Contracting Officers to higher levels of authority for forwarding to the Chief, Contracts Branch, Office of the Deputy Chief of Staff for Logistics, Department of the Army, will contain the recommendations of such intervening levels of authority through which the protest is transmitted.

(h) Protests filed with echeions of a Procuring Activity other than the Con

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tracting Officer will be promptly forwarded to the Contracting Officer for processing in accordance with this subchapter.

(i) A notice similar to that specified in paragraph (d). of this section will be furnished the affected party where (1) an inquiry from The Comptroller General indicates a complaint against a specific procurement and implies possible intervention therein by The Comptroller General, or (2) advance information is received that formal protest has been filed with any level of the chain of command, or with The Comptroller General. Advance information is frequently received by procurement echelons in the form of information copies of formal protest letters addressed to the President, Secretary of Defense, Comptroller General, etc. (22 F. R. 3174, May 4, 1957]

Part 592–Procurement by

Negotiation

Subpart A-Use of Negotiation Sec. 592.101

Negotiations as distinguished

from formal advertising.

(Amended) 592.102 General requirements for nego

tiation. (Revoked] 592.104 Aids to small business in nego

tiated procurements. (Added] 592.106 Dissemination of procurement in

formation. (Added] 592.106–1 Synopsis of proposed procure

ments. (Added] 592.106–2 Synopsis of contract awards.

[Added] 592.106-3 Award Information to Unsuccess

ful Offerors. [Added] 592.107 Late proposals and late unso

licited revisions to proposals.

(Added] 592.107–2 Procedure. (Added; revised] 592.108 Negotiation of initial production

contracts for technical or specialized military supplies.

(Added] 592.150 Statement of contingent or other

fees. (Revised] 592.151 F. o. b. purchasing policy. (Re

vised] 592.151-1 Synopsis of proposed procure

ments. (Revoked] 692.151-2 Synopsis of awards. [Revoked] 592.152 Qualified products. (Revised) 592.153 Awards; selection of contractors.

(Revised] 592.154 Submission of information on

equal or identical proposals.

(Revised] 592.155 Increase or decrease in specified

quantity. (Revised]

Sec. 592,156 Disclosure of mistakes after

award. [Added; revised] 592.157 Submission of information on

equal or identical bids. [Re

voked] 592.157 Protests involving negotiated pro

curements. (Added; revised ] 592.158 Increase or decrease in specified

quantity. (Revoked] 592.158 Protests involving negotiated pro

curements. (Added; revoked] Subpart B-Circumstances Permitting

Negotiation (Revised) 592.200 Scope of subpart. 592.200–50 Limitation. 592.201 National emergency. 592.201-1 Authorization. 592.201-2 Application.1 592.201-50 Limitations. 592.202 Public exigency. 592.202—2 Application. 592.202-3 Limitation. 592.203 Purchases not in excess of $1,000. 592.203—2 Application. 592.204 Personal or professional services. 592.204-50 Approval of award. 592.205 Services of educational institu

tions. 592.205–2 Application. 592.207 Medicines or medical supplies. 592.207–2 Application. 592.208 Supplies purchased for authorized

resale. 592.208–2 Application. 592.209 Perishable subsistence supplies. 592.209–2 Application. 592.210 Supplies or services for which it

is impracticable to secure com

petition by formal advertising. 592.210–2 Application. 592.211 Experimental, developmental, or

research work. 592.211–2 Application. 592.211-3 Limitation. 592.211-4 Records and reports. 592.212 Classified purchases. 592.212–2 Application. 592.213 Technical equipment requiring

standardization and inter

changeability of parts. 592.213—2 Application. 592.213-3 Limitation. 592.214 Technical or specialized supplies

requiring substantial initial investment or extended period of

preparation for manufacture. 592.214-2 Application. 592.214-3 Limitation. 592.215 Negotiation after advertising. 592.215-2 Limitation. 592.216 Purchases in the interest of na

tional defense or industrial

mobilization. 592.216-2 Application. 592.216-3 Limitation. 592.216-4 Records and reports.

1 Added subsequent to re

Sec.
592.217 Otherwise authorized by law.
592.217-2 Application.
692.218 Construction work.
Subpart C-Determinations and findings

(Revised) 592.301 Nature of Determinations and Find

ings. 592.302 Determinations and Findings by the

Secretary. 692.303 Determinations and findings by the

Head of a Procuring Activity signing as "a chief officer respon

sible for procurement". 592.305 Forms of determinations and find

ings. 692.306 Procedure with respect to determi

nations and findings. 592.307 Distribution of copies of determi

nations and findings. 592.308 Retention of copies of determina

tions and findings and of other records.

Sec. 592.605-1 Limitations on use. 592.605-2 Examples of use. 592.605-50 Instructions for use. 592.605–51 Preparation. 592.605-52 When Standard Form 1034 (Pub

lic Voucher for Purchases and Services Other Than Personal) is used in conjunction with

Standard Form 44. 592.606 Blanket purchase agreement

method. 592.650 Order for supplies or services

(DD Forms 1155 and 1155–1). 592.650-1 General. 592.650-2 Use as a purchase order or de

livery order. 692.650–3 Use in conjunction with monthly

charge accounts. 592.650-4 Use for consolidation of deliv

eries into one order. 592.650-5 Use as a receiving and inspection

report. 592.650-6 Use as a voucher. 592.650–7 Processing multiple deliveries. 592.650-8 Limitations. 592.650-9 General instructions. 592.650-10 Termination for default. 592.650–11 Use in postal channels-APO

shipments. 592.650–12 Use for shipment to Army at

tachés. 692.650–13 Use of reproducible masters. 592.650-14 Additional instructions. 592.651 Applicability to oversea com

mands.

Subpart D-Types of Contracts [Revised] 592.401 Types of contracts. 592.402 Selection of contract type. 592.403 Fixed-price-type contracts. 592.403-3 Fixed-price contract providing

for the redetermination of

price. 692.403-4 Fixed-price incentive contract. 592.403–50 Administration of fixed-price

contracts. 592.404 Cost-reimbursement type con

tract, 592.404-4 Cost - plus - incentive - fee con

tract. 592.405 Other types of contracts. 592.405-1 Time and materials contract. 592.405-3 Letter contract. 592.405-5 Call contract. 592.405-6 Open end contract. 592.405-50 Purchase orders. 692.405-51 Informal commitments. 592.405-52 Cost-plus-a-percentage-of-cost

system of contracting.

Subpart E-Advance Payments 592.502 Authority to make advance pay

ments. (Amended] 592.504 Security provisions. (Amended] 592.505 Interest on advance payments.

(Revised) Subpart F-Small Purchases (Revised) 592.600 Scope of subpart. 592.601 Purpose. 692.602 Policy 592.603 Competition. 592.604 Imprest fund (petty cash)

method. 592.604-1 Conditions for use. 592.604-2 Documentation. 592.6043 Cash discounts. 592.604-4 Delivery of cash purchases by

suppliers. 592.605 Order-invoice-voucher method

(Standard Form 44).

Subpart G-Negotiated Overhead Rates (Added] 592.700 Scope of subpart. 592.706 Coordination. Subpart H- Price Negotiation Policies and

Techniques [Added] 592.800 Scope of subpart. 592.808 Pricing techniques. 592.808-50 Recruitment costs. 592.811 Record of price negotiation.

AUTHORITY NOTE: The citation of authority for Part 592 is changed to read:

AUTHORITY: $ $ 592.000 to 592.811 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 A-USE OF NEGOTIATION $ 592.101 Negotiations as distinguished from formal advertising.

(c) Requests for proposals. (1) When a procurement of supplies or services is to be announced in writing to prospective contractors for the purpose of requesting quotations and other terms as a basis for conducting negotiations, Contracting Officers will use DD Form 747 (Request for Quotations) or a DD Form 746 (Request for Proposals and Pro

posal). See $ $ 16 201 and 16.203 of this title. (Subparagraph (1) amended, 21 F. Ř. 1611, Mar. 9, 1956]

$ 592.102 General requirements for negotiation. (Revoked, 21 F. R. 1511, Mar. 9, 1956]

$ 592.104 Aids to small business in negotiated procurements. To the maximum extent possible, restrictions which might prevent small business participation will be eliminated from proposed procurements. [21 F. R. 1611, Mar. 9, 1956)

8 592.106 Dissemination of procurement information. (21 F. R. 1511, Mar. 9, 1956)

$ 592.106–1 Synopsis of proposed procurements. Synopses of proposed negotiated procurement will be prepared by purchasing offices located in the continental United States in accordance with the requirements of $ 591.206 of this subchapter. Such synopsized Requests for Proposals shall be displayed in accordance with $ 2.202–2 of this title. (22 F. R. 1806, Mar. 20, 1957)

Prior Amendments 1956: 21 F. R. 1511, Mar. 9.

$ 592.106-2 Synopsis of contract awards. Synopses of contract awards of negotiated contracts will be prepared and distributed as required by $ 591.408 of this subchapter. [21 F. R. 1511, Mar. 9, 1956)

$ 592.106-3 Award Information to Unsuccessful Offerors. See $ 3.106-3 of this title, [23 F. R. 3002, May 6, 1958]

$ 592.107 Late proposals and late unsolicited revisions to proposals. Section 3.107 of this title is not applicable to purchases of $1,000 and less. [21 F. R. 1511, Mar. 9, 1956)

$ 592.107-2 Procedure. The Contracting Officer shall prepare a written recommended course of action as prescribed in $ 3.107-2 (a) of this title and refer it for decision to such other individual or office designated by the commanding officer of the installation or activity concerned. (21 F. R. 1511, Mar. 9, 1956)

$ 592.108 Negotiation of initial production contracts for technical or specialized military supplies. (a) For a new

complex equipment or system it is generally in the interest of the Government to have the same Contractor for both research and development and initial production, provided that the Contractor has competence in both fields and his costs are not unreasonable. However, competition must be introducted at the earliest practicable time to comply with the expressed mandate of Congress and to preclude a narrow base and unreasonable costs. Research and development contracts and production contracts should each stand on their own merits. A research and development contract should not be entered into on the assumption that the initial production contract or a follow-on supply contract will automatically be awarded without competition (see $ 3.108 of this title).

(b) While generally desiring to introduce competition at the time of the initial production contract, it is recognized that for those important highly technical or special military items it may be desirable to retain the skills and experience of the research and development Contractor on a negotiated basis through the initial production contract and the first supply contract. Such action, however, should not preclude development of a second source on the initial production contract or the following supply contract where requirements permit. The determination as to when competition should be introduced for those items will largely depend upon the ability to clearly outline what is desired in the way of the item itself and upon the need for further improvements in the item.

(c) For those items which are not of an important technical or special military nature, competition should be introduced at the time of the initial production contract and should follow for all supply contracts.

(d) Heads of Procuring Activities will follow the above guidance in the negotiation of initial production contracts for technical and specialized military supplies. [21 F. R. 1611, Mar. 9, 1956)

§ 592.150 Statement of contingent or other fees. The prescribed procedure with respect to obtaining information concerning contingent or other fees paid by suppliers or contractors for soliciting or securing Government contracts including the use of Standard Form 119 (Contractor's Statement of Contingent

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