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signed by the Director that such procurement is based upon the most compelling reasons, such as cases when the needs of the Agency cannot reasonably be otherwise supplied. If the Agency employee is the author or originator of copyrighted material, it must be established that there is no real or apparent conflict of interest between his/her official duties and his/ her rights to any royalties. To prevent such conflict, the Agency shall endeavor to obtain the employee's waiver of any royalty payments. In addition, the employee would be expected to discourage publicity regarding Agency use of his/her material.
(31 FR 10790, Aug. 13, 1966, as amended at 43 FR 28493, June 30, 1978)
$ 19-1.302-51 Contracts between the Gov.
ernment and former Government em
ployees. Negotiated contracts may be entered into with ex-employees of the Agency or with firms in which ex-employees are known to have a substantial interest, within a period of 2 years subsequent to the termination of employment, only with the written approval of the Director.
(3) A list of sources solicited or a justification for limiting such sources;
(4) A copy of any determination to set-aside the procurement for small business or for a labor-surplus area;
(5) A copy of the Invitation for Bids oz Request for Proposals, including any plans or specifications or references thereto;
(6) All bids or proposals received with an abstract thereof;
(7) The bidders' Statement of Contingent Fees;
(8) All preaward surveys;
(9) Selection of the successful Contractor, including
(i) The reasons for selection.
(ii) The Contracting Officer's determination of the Contractor's responsibility, and
(iii) Any Small Business Administration Certificate of Competency;
(10) All price and cost data submitted or used, including Certificate of Current Cost or Pricing Data;
(11) A full record of negotiations, including but not limited to
(i) Participants, (ii) Dates of meetings or phone calls,
(iii) Government-furnished materials or facilities to be provided,
(iv) Subcontracting, (v) Terms and conditions agreed to,
(vi) Deviations, if any, from prescribed contract clauses,
(vii) Technical recommendations, and
(viii) Justification for final price;
(12) Justification for type of contract used;
(13) Any exceptions or exemptions from the Buy American Act or from the Agency's Foreign Purchases policy (see Subpart 6.50 of this chapter);
(14) A copy of contract award;
(15) Evidence of legal review required, and copy of comments, if any, made by legal counsel;
(16) All pertinent correspondence;
(17) Copies of all change orders, and supplements, with supporting documents;
(18) Comprehensive termination data;
(19) Copies of royalty reports received;
(20) Final release upon completion of the contract;
§ 19-1.305-3 Deviations from Federal
Specifications. Any deviation from a Federal Specification contemplated under § 1-1.3053 of this title shall be submitted to the Chief of the Contract and Procurement Division of the Agency, for approval prior to use. The request shall include a statement describing the deviation, with justification therefor and, where applicable, a recommendation for revision or amendment of the specification.
§ 19-1.313 Records of contract actions.
(a) The documents, memoranda, and summary statements contemplated by § 1-1.313 of this title shall include but not be limited to the following, unless the Contracting Officer determines certain elements are not required:
(1) A copy of the procurement request;
(2) A copy of any required Determinations and Findings, or other statement and justification for negotiation;
the General Counsel through the Chief of the Contract and Procurement Division.
(b) In case of possible violation of antitrust laws, the report will be prepared in accordance with such guidar.ce as provided in the Federal Procurement Regulations (see Subpart 11.9 of this title).
(21) Required approvals of contract; and
(22) Any additional documents considered necessary to present a complete résume of the contract action.
(b) Complete record of all advertised and negotiated contract action will be preserved for the period required by records management instructions.
(c) This § 19-1.313 does not apply in the case of small purchases.
(d) Memoranda, for documenting actions taken, should not duplicate information evident in other file documents except where clarification is required. Copies of all negotiation memoranda will be submitted to the Chief of the Contract and Procurement Division. All memoranda will be signed and the drafting date will be indicated.
Subpart 19-1.6-Debarred, Suspended, and Ineligible Bidders
SOURCE: 31 FR 10790, Aug. 13, 1966, unless otherwise noted.
§ 19-1.317 Noncollusive bids and propos
als. (a)-(d) (Reserved)
(e) The Chief, Contract and Procurement Division, is authorized to make the determinations described in paragraph (d) of the Certification of Noncollusion prescribed in § 1-1.317 of this title.
§ 19-1.602 Establishment and maintenance
of a list of concerns or individuals debarred, suspended, or declared ineligi
ble. The Policy and Procedures Branch of the Contract and Procurement Division will maintain a consolidated list as indicated in § 1-1.602 of this title. The list will not be classified but will be marked "For Official Use Only.” It will be coordinated with the Bidders Mailing List (see § 1-2.205 of this title), and appropriate notations will be made on both lists, when additions or deletions are necessary. [31 FR 10790, Aug. 13, 1966, as amended at 43 FR 28493, June 30, 1978)
$ 19-1.354 Execution of contracts.
Contracts, purchase orders, delivery orders, Government bills of lading, and other types of purchasing documents will be executed only by officials holding valid, written delegations or redelegations of procurement authority issued by the Director or other officer of the Agency designated in writing to make such delegations or redelegations. All purchasing documents, including amendments, will show the actual date of each signature required for their execution, and the Agency office executing such documents shall maintain a record of the actual date the documents were released to the vendor or contractor.
§ 19-1.604 Causes and conditions applica
ble to determination of debarment by
an executive agency. Personnel of the Agency who find that a firm or an individual should be added to the Debarred, Suspended, or Ineligible Bidders List, as indicated in Subpart 1-1.6 of this title, shall notify the Chief, Policy and Procedures Branch promptly. Debarment shall be made only upon approval of the Chief of the Contract and Procurement Division of the Agency. (31 FR 10790, Aug. 13, 1966, as amended at 43 FR 28493, June 30, 1978)
Subpart 19-1.7—Small Business
§ 19-1.355 Violations of law.
(a) In the event procurement personnel have reason to believe there is evidence of violation of law of any nature whatsoever in bids or proposals received, they will prepare a complete report for forwarding to the Office of
§ 19-1.704 Agency program, direction and
operation. The Chief of the Contract and Procurement Division is responsible for developing and supervising the ICA Small Business Program, as may be required for compliance with Subpart 11.7 of this title.
[31 FR 10791, Aug. 13, 1966)
Subpart 19-1.9-Reporting Possible
§ 19-1.902 Documents to be transmitted.
The Contracting Officer will submit a report, including the documents listed in § 1-1.902 of this title and any other pertinent documentary material, with his/her findings to the Chief of the Contract and Procurement Division.
[31 FR 10791, Aug. 13, 1966)
Subpart 19-1.13–Minority Business
$ 19-1.1302 Agency program.
The Chief, Contract and Procurement Division is designated as being responsible for administering the procurement minority business enterprise program in accordance with Subpart 1-1.13 of this title.
$ 19-1.5302 Designation of Contracting
Officers. (a) Contracting Officers, as defined in § 1-1.207 of this title, shall be those employees in whom contracting authority is vested by the Director or his/her designées by means of appropriate delegations of authority and by redelegations of authority. The authority of such Contracting Officers shall be in accordance with the applicable delegations or redelegations of authority and with this Subpart 191.53.
(b) Delegations and redelegations of authority are generally directive on specific positions, rather than specific individuals. When a specific position carries delegated or redelegated contracting authority, an individual appointed to such a position is, therefor, a Contracting Officer. Such appointments are normally made by means of administrative
actions. When an individual is designated as a Contracting Officer by an instrument other than personnel action, a copy of the designating instrument shall be forwarded to the appropriate personnel office for inclusion in the file of the individual affected. Designations shall be rescinded in the same manner upon termination of the assignment (but special assignments may be selfrescinding, as, for example, an assignment made in terms of the life of a specific contract, in which case a separate rescission instrument would not be required).
(c) In view of the high degree of individual responsibility and authority vested in Contracting Officers, care shall be exercised to insure that only well qualified individuals are appointed or designated and retained in such positions. Accordingly, the performance of their duties as Contracting Officers is subject to continuing review and evaluation.
(43 FR 28493, June 30, 1978)
Subpart 19-1.53—Procurement Authority and Responsibility
SCURCE: 31 FR 10791, Aug. 13, 1966, unless otherwise noted.
$ 19-1.5301 General.
(a) This subpart deals with the authority to designate Contracting Officers and sets forth the general authorities and responsibilities of such officers (see § 1-3.801(b) of this title).
(b) An employee ordinarily binds the Government only when his/her actions are in accordance with authority actually granted to him/her. Contracting Officers are agents of the Government and shall act in accordance with law, regulations including FPR and IAPR, other pertinent directives, and sound business judgment, and within the limits of their prescribed duties and authorities.
$ 19-1.5303 General authority of Contract
ing Officers. A contracting Officer is authorized to enter into, modify, and take other appropriate action with respect to contracts, within the limits of his/her prescribed duties and authority.
$ 19-1.5304 General responsibility of Con
tracting Officers. (a) Contracting Officers are primarily responsible for assurance that contracts are authorized by law, for the execution and administration of contracts, for safeguarding the interest of the United States in contractual relationships, and for determining the facts under contracts.
(b) Contracting Officers shall personally sign all contracts and modifications entered into by them. The signing of original contractual documents shall not be accomplished by facsimile stamps or by proxy. However, the use of reproduced signatures on reproduced copies after the Contracting Officers have manually signed the master and other originals is acceptable.
(c) Contracting Officers are responsible for the legal, technical, and administrative sufficiency of the contracts they make. To this end, they shall secure necessary legal, technical, and financial advice within ICA.
(d) Contracting Officers are responsible for assuring contract compliance on the part of the Contractor.
as a part of, or supplement to, the designation.
(c) A Contracting Officer may assign administration of a specific contractual instrument to another Contracting Officer, provided the assignee Contracting Officer's delegated authority permits, and the Contractor shall be so notified. Such an assignment shall define the extent to which part or all of the original Contracting Officer's authority is transferred but shall not pass on to the successor any authori. ties which would exceed the limitations imposed on the successor by existing directives.
(31 FR 10791, Aug. 13, 1966, as amended at 43 FR 28493, June 30, 1978)
$ 19-1.5306 Responsibility for assuring the
availability of funds. Prior to the incurrence of an obligation, Contracting Officers shall assure themselves that adequate funds are available.
§ 19-1.5307 Standards of conduct.
All personnel engaged in procurement and related activities shall conduct business in a manner above reproach in every respect. Transactions relating to expenditure of public funds require the highest degree of public trust to protect the interests of the Government. While many Federal laws and regulations place restrictions on the actions of governmental personnel, the latter's official conduct must, in addition, be such that the individual would have no reticence about making a full public disclosure thereof.
§ 19-1.5305 Contracting Officers' represen
tatives. (a) Any properly qualified Government employee or group of employees, may be designated to act as the Authorized Representative of a Contracting Officer. Such designation shall be in writing and shall define the scope and limitations of the Authorized Representative's authority.
(b) A designation authorized by this § 19-1.5305 may be made by instructions referring to particular contractual instruments or categories of instruments and may empower the Authorized Representative to take any or all action thereunder which could lawfully be taken by the Contracting Officer to the extent not specifically prohibited by the terms of the contractual instrument involved or this § 191.5305. In no event shall an Authorized Representative, by virtue only of his/her designation as such, be empowered to execute or agree to any contract or modification thereof; such powers must be specifically included
PART 19-2-PROCUREMENT BY
Subpart 19-2.2—Solicitation of Bids
Sec. 19-2.203 Methods of soliciting bids. 19-2.203-1 Mailing or delivering to prospec
tive bidders. 19-2.204 Records of invitations for bids and
records of bids. 19-2.205 Bidders mailing lists. 19-2.205-1 Establishment of lists.
Subpart 19-2.4-Opening of Bids 19-2.401 Receipt and safeguarding of bids. 19-2.402 Opening of bids. 19-2.403 Recording of bids. 19-2.406 Mistakes in bids. 19-2.406-3 Other mistakes disclosed before
award. 19-2.406-4 Disclosure of mistakes after
award. 19-2.407 Award. 19-2.407-3 Discounts. 19-2.407-5 Other factors to be considered. 19-2.407-7 Statement and certificate of
award. 19-2.407-8 Protests against award.
AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).
SOURCE: 31 FR 10792, Aug. 13, 1966, unless ciherwise noted.
quirement offices. Lists shall include all eligible and qualified bidders who have requested listing or whom Contracting Officers consider eligible and qualified to furnish the requirements
a particular procurement. The lacter shall be requested to submit a completed Standard Form 129 and an Agency Form IA-407, Commodity and Service Code Lists. Agency procurement activities and requirement offices should recommend the establishment of additional lists for anticipated requirements of nonlisted commodities or services and furnish the names and addresses of prospective bidders. (31 FR 10792, Aug. 13, 1966, as amended at 43 FR 28493, June 30, 1978)
Subpart 19-2.3—Submission of Bids
Subpart 19-2.2-Solicitation of Bids
§ 19-2.203 Methods of soliciting bids. § 19-2.203-1 Mailing or delivering to pro
spective bidders. The initial distribution of invitations for bids and preinvitation notices shall be made to firms on Agency bidders mailing lists and to all others whom the Contracting Officer may select.
$ 19-2.304 Modification or withdrawal of
bids. (a) Bid modifications received prior to time of opening shall be processed in the same manner as bids and shall be attached to the bid envelope.
(b) The receipt required for withdrawal of a bid (see § 1-2.304 of this title) shall read as follows:
I certify that I am a bona fide, fully authorized o agent, official, o employee, o representative of
whose bid on IFB No.
I hereby withdraw that bid from consideration.
§ 19-2.204 Records of invitations for bids
and records of bids. Each branch of the Contract and Procurement Division shall maintain a record of each invitation for bids issued and distributed by it as well as a record of all bids. The prospective bidders listed for each invitation shall be furnished with applicable amendments or notices, and a record will be kept of their distribution. Records of bids shall be kept in accordance with the procedures set forth in $1–2.403
I hereby acknowledge return of the abovementioned bid.
Subpart 19-2.4-Opening of Bids
§ 19-2.205 Bidders mailing lists.
§ 19-2.205-1 Establishment of lists.
Bidders mailing lists shall be established and maintained by the Policy and Procedures Branch for use in all Agency procurement activities and re
§ 19-2.401 Receipt and safeguarding of
bids. (a) All bid envelopes or modifications thereto shall be date stamped immediately upon receipt and then promptly delivered unopened to the issuing office. Bids received by the issu