PART 9-2 PROCUREMENT BY §9-2.000 Scope of part. FORMAL ADVERTISING This part implements and supplements FPR Part 1-2. Subpart 9-2.1 Use of Formal Advertising. §9-2.106 Procurement Management Assistance Review. The Director, Procurement and Assistance Management, is responsible for establishing and maintaining a procurement management assistance review program. Subpart 9-2.2 Solicitation of Bids §9-2.201 Preparation of invitations for bids. When an option is to be employed, the option quantity should be for an amount which bears a reasonable relationship to the initial firm quantity amount. For procedures to be used in setting the option quantity, see §9-1.5303. §9-2.203-3 Publicity in newspapers and trade journals. (b) When it is deemed necessary to use paid advertisements in newspapers and trade journals, written authority for such publications shall be obtained from the Head of the Procuring Activity or designee. Subpart 9-2.4 Opening of Bids and Award of Contract §9-2.401 Receipt and safeguarding of bids. Envelopes, or other outer covering, containing identified bids shall be time-stamped (indicating the place, date, and time of receipt) upon receipt, either in a mail room or other receiving point at the address specified in the invitation. §9-2.402 Opening of bids. At the bid opening, the relative merits of any bid shall not be discussed by the person opening the bids or the Contracting Officer, with the bidders, their representatives, or with casual observers. No statements shall be issued by the bid opener or the Contracting Officer at a bid opening bearing on the award, the possibility of a readvertisement, mistakes in bids, etc. No oral instructions shall be given to bidders at any time during the opening. Protests of bidders and inquiries regarding the award of contract shall be referred to the Head of the Procuring Activity or designee after the completion of the bid opening procedure. §9-2.406 Mistakes in bids. §9-2.406-3 Other mistakes disclosed before award. Pursuant to FPR 1-2.406-3(b), the Senior Procurement Official, Headquarters, has been delegated authority by the Secretary to make the determinations under FPR 1-2.406–3. In the case of mistakes in bids alleged after opening of bids and before award, the Senior Procurement Official, Headquarters, has the power to redelegate this authority to Heads of Procuring Activities without power of redelegation, to make administrative determinations regarding withdrawal of bids as provided for in paragraphs (a)(1) and (3) of FPR 1-2.406–3, providing that each such determination shall be approved by Legal Counsel. §9-2.406-4 Disclosure of mistakes after award. The Senior Procurement Official, Headquarters, has been delegated authority to make the determinations under FPR 1-2.406-4. Mistakes in bids after award, together with the data set forth in FPR 1-2.406–4(f),shall be submitted to the Senior Procurement Official, Headquarters. §9-2.407 Award. $9-2.407-8 Protests against award. (b) Protests before award. (3) The Head of the Procuring Activity or designee shall obtain approval of the Senior Procurement Official, Headquarters, to make an award where a protest has been submitted to either the DOE or to the Comptroller General. |