§ 1.1002-1

Availability of invitations for bids and requests for proposals at the contracting office.

A reasonable number of copies of invitations for bids and requests for proposals, which are required to be publicized in the Commerce Business Daily, including specifications and other pertinent information, shall be maintained at the contracting office. Upon request, prospective contractors not initially solicited may be mailed or otherwise provided copies of such invitations for bids or requests for proposals to the extent they are available. Where a solicitation for proposals has been limited as a result of a determination that only a specified firm or firms possess the capability to meet the requirements of a procurement, requests for proposals shall be mailed or otherwise provided upon request to firms not solicited, but only after advice has been given to the firm making the request as to the reasons for the limited solicitation and the unlikelihood of any other firm being able to qualify for a contract award under the circumstances; but see § 4.205-2 of this chapter. In addition, to the extent that invitations for bids or requests for proposals are available, they shall be provided on a "first come-first served" basis, for pick up at the contracting office, to publishers, trade associations, procurement information services, and other members of the public having a legitimate interest therein; otherwise, the contracting office may limit the availability of such information to perusal at the contracting office (for construction, see § 4.102-1 of this chapter). In determining the "reasonable number" of copies to be maintained, the contracting officer shall consider, among other things, the extent of initial solicitation, reproduction costs, the nature of the procurement, whether access to classified matter is involved, the anticipated requests for copies based upon responses to synopses and other means of publication in previous similar situations, and the fact that publishers and others who disseminate information regarding proposed procurements normally do not require voluminous specifications or drawings. With regard to classified procurements, the foregoing instructions apply to the extent consistent with departmental security instructions and procedures.

[28 F.R. 12547, Nov. 23, 1963]

§ 1.1002-2 Limited availability of certain specifications, plans, and drawings.

Where the purchasing acitivity is not in possession of complete sets of specifications, plans, and drawings (as in some procurements of airframes, shipbuilding, or major weapons systems), or the drawings and specifications are classified, or are so voluminous that display and distribution in accordance with §§ 1.1002 through 1.1002-6 is impracticable, the solicitation shall contain notice of this fact and of the locations at which the specifications, plans, or drawings may be examined (see § 1.1203).

[28 F.R. 12547, Nov. 23, 1963]

§ 1.1002-3 Distribution to the Small Business Advisory Service Center.

A copy of each unclassified invitation for bids issued in the United States, a copy of each unclassified request for proposals, and a copy of each letter solicitation (including all documents affixed to the invitation for bid, request for proposal, or letter of solicitation, except copies of drawings and specifications) issued in the United States and required to be publicized in the Commerce Business Daily, and a copy of every amendment to each such invitation for bids or request for proposals, shall be sent directly, on the date issued, to the Small Business Advisory Service Center, Small Business Administration, 811 Vermont Avenue NW., Washington, D.C., 20416. This center is maintained to provide information to all persons having an interest in Government procurement opportunities.

[28 F.R. 12547, Nov. 23, 1963]

§ 1.1002-4 Displaying in public place.

A copy of each solicitation for an unclassified procurement in excess of $2,500 shall be displayed at the contracting office, and, if appropriate, at some additional public place (other than the Small Business Advisory Service Center) from the date issued until seven days after bids or proposals have been opened. [28 F.R. 12547, Nov. 23, 1963]

§ 1.1002-5 Information releases to newspapers and trade journals.

A brief announcement of the proposed purchase may be made available to newspapers, trade journals, and magazines for publication without cost to the Government.

[28 F.R. 12547, Nov. 23, 1963]

§ 1.1002-6 Paid advertisements in newspapers and trade journals.

(a) Scope. This section implements 5 U.S.C. 22a; 44 U.S.C. 321, 322, and 324; and Title 7, Chapter 5200, General Accounting Office Policy and Procedures Manual for Guidance of Federal Agencies.

(b) Definition. As used in this paragraph 1-1002.6, "newspaper" means a publication printed and distributed at stated intervals to convey news and includes trade journals which carry news in addition to technical matter.

(c) General. Generally, paid advertisements in newspapers shall not be used. However, when time will permit, the publication of essential details of invitations for bids in newspapers as paid advertisements may be authorized, as indicated below, when necessary to secure effective competition, provided written authority to advertise has been obtained in advance.

(d) Limitation. No advertisement of a proposed procurement shall be published in any newspaper published and printed in the District of Columbia unless the supplies are to be furnished for use, or the labor is to be performed, in the District of Columbia or in the adjoining counties of Maryland or Virginia.

(e) Authority and delegation. Authority to approve the publication of paid advertisements in newspapers is vested by statute in the Secretary of each Department. This authority may be delegated by the Secretary in writing, by position designation, to subordinates within his Department. The delegation shall specify the limitations, if any, of the authority granted. Administrative duties involved in accomplishing the advertising may be assigned by the delegate to subordinates, by name or position, by suitable instruments in writing, personally signed by the delegate, setting forth the extent of the administrative duties involved. A copy of the instrument delegating authority to advertise and a copy of the instrument assigning administrative duties thereunder will either be attached to the first voucher submitted for payment or shall be forwarded immediately upon issuance of the General Accounting Office address to which records of the Department are submitted for audit purposes. Copies of such instruments shall also be attached to the duplicate voucher sub

22-051-64

mitted to the paying office pursuant to paragraph (1) of this section.

(f) Request for authority to place advertisement. (1) Special or general authority to place advertisements in newspapers must be secured in advance and as prescribed by each Department. Special authority authorizes the publication of a given advertisement a specified number of times in a designated newspaper or newspapers. General authority authorizes the publication during a fiscal year, as designated, as such advertisements for bids as may be required by the duties of officers engaged in making frequent purchases or contracts.

(2) Requests for authority to advertise shall specify the newspapers in which it is deemed advantageous to advertise.

(g) Preparation of advertisement. (1) Except as provided in subparagraph (2) of this paragraph, all advertisements will be set solid, without paragraphing, in accordance with usual Government requirements, a sample of which is shown on Standard Form 1143 (Advertising Order).

(2) When advertising to be set other than solid is purchased, the specifications for such advertising must be definite, clear, and specific. No allowance shall be made for paragraphing, for display leaded or prominent headings, unless specifically ordered, or for additional space required by the use of type other than that specified. Specifications for advertising other than solid will accompany the advertisement copy submitted to the publisher with the advertising order, and copies of both documents will be transmitted to the General Accounting Office with the voucher.

(h) Insertion-(1) Number of insertions. No greater number of newspapers or insertions shall be used in any case than is necessary to give proper and sufficient public notice. Ordinarily, advertisements will be given six insertions in daily or four insertions in weekly papers. Such insertions shall be placed in sufficient time prior to the date of opening of bids to allow interested bidders to obtain plans and specifications and prepare bids. In case of emergency, advertisements may be inserted one or more times, as time and circumstances permit.

(2) Limitations on time of publications. No authorization will be given for the publication of an advertisement beyond the morning of the day on which the opening of bids is to occur, and no

payments will be made for continuing such publication beyond the period authorized.

(i) Rates. Advertising may be paid for at rates not to exceed the commercial rates charged to private individuals, with the usual discounts.

(j) Proof of publication. (1) Every voucher rendered for official advertising should be accompanied with a copy of each issue (or tear sheet) of the publication in which the advertisement appeared. However, if copies of the publications (or tear sheets) are not available, an affidavit of publication may be furnished in lieu thereof.

(2) Copies of publications (or tear sheets), or affidavits in lieu thereof, submitted as proof of publication shall be retained in the paying officer's files until settlement of his account by the General Accounting Office, after which they may be disposed of.

(k) Forms. (1) Standard Form 1143 (Advertising Order) shall be signed by the person to whom authority to advertise has been delegated, or by the person to whom administrative authority to place the advertising has been assigned (see paragraph (e) of this section). In the latter case, the date and number of such instrument of assignment shall be put in the box on the standard form to the left of the signature. The date and number of the instrument delegating authority to advertise shall be put in the box in the upper right hand corner of the form. See paragraph (g) of this section, with reference to the composition of the advertising copy, in connection with the preparation of this form.

(2) The public voucher will be prepared by publishers to bill their charges against the Department for advertising published in accordance with the advertising order (Standard Form 1143). The Public Voucher for Advertising (original) is printed on the reverse of the original advertising order (Standard Form 1143). The Public Voucher for Advertising (memorandum) printed on the reverse of the memorandum advertising order (Standard Form 1143a). Separate instruments shall not be used for ordering advertising and the payment therefor. The instructions in paragraph (j) of this section apply when this form is used.

is

(1) Payment. Upon receipt of the public voucher, supported by proof of publication, from a publisher, the officer

placing the advertisement will assemble and attach appropriate supporting documents (see paragraph (e) of this section), sign the second certificate on the reverse of Standard Form 1143, and submit the account in duplicate to the proper paying office for payment. [28 F.R. 12547, Nov. 23, 1963]

§ 1.1003-1 General.

(a) Every proposed advertised or negotiated procurement made in the United States, which may result in an award in excess of $10,000 shall be publicized promptly in the Commerce Business Daily "Synopsis of U.S. Government Proposed Procurement, Sales and Contract Awards" except for procurements described in paragraphs (b) and (c) of this section.

(b) Classified procurements (Exception 1 in Item 13 Code E of DD Form 350), where the information necessary to be included in the Synopsis would disclose classified information or where the mere disclosure of the Government's interest in the area of the proposed procurement would violate security requirements, shall not be publicized in the Synopsis. All other classified procurements shall be publicized in the Synopsis, even though access to classified matter might be necessary in order to submit a proposal or to perform the contract (see 1.1003-9(e) (3)). The intent of the exception for classified procurement in the synopsis requirements of Public Law 87-305 is not to exempt every classified procurement from publicizing, but to provide a safeguard against violating security requirements.

(c) The following need not be publicized in the Synopsis (Exceptions 2 through 9 in Item 13, Code E, of DD Form 350):

(1) Procurement of perishable subsistence.

(2) Procurement of electric power or energy, gas (natural or manufactured), water, or other utility services.

(3) Procurement (whether advertised or negotiated) which is of such urgency that the Government would be seriously injured by the delay involved in permitting the date set for receipt of bids, proposals, or quotations to be more than 15 calendar days from the date of transmittal of the synopsis or the date of issuance of the solicitation, whichever is earlier.

(4) Procurement to be made by an order placed under an existing contract.

specific procurement of research and development projects shall be publicized in the Commerce Business Daily unless one of the exceptions in § 1.1003-1 is applicable or unless an advance notice of the Government's requirements in the particular field, published in the Commerce Business Daily in accordance with § 1.1003-9 (d), has been sufficiently specific to permit potential sources to request solicitations for the prospective procurement. (See § 4.203 of this chapter.)

[28 F.R. 12459, Nov. 23, 1963]

§ 1.1003-5 Publication of procurements of less than $10,000.

When recommended by procurement personnel or the small business specialist, and approved by the contracting officer, proposed procurements of less than $10,000 may be publicized in the Commerce Business Daily.

[27 F.R. 8870, Sept. 6, 1962]

§ 1.1003-6 Synopses of subcontract opportunities.

(a) By contracting officers. (1) In order to broaden the opportunity in negotiated procurement for subcontracting by small business concerns and others, contracting officers shall, unless not in the Government's interest or subcontracting opportunities do not exist, publish in the Commerce Business Daily the names and addresses of firms to whom requests for proposals are to be issued. This procedure will offer opportunity to small business concerns and others interested in subcontracting to make direct contract with prospective prime contractors at an early stage in the procurement. An addition to the regular synopsis prepared in accordance with § 1.1003-9 shall be made as set forth in § 1.1003-9 (f).

(2) Contracting officers shall, unless not in the Government's interest or subcontracting opportunities do not exist, publish in the Commerce Business Daily the names and addresses of firms which have submitted acceptable technical proposals in the first step of two-step formal advertising and will therefore be issued invitations for bids in the second step (see § 2.503 of this chapter). Such lists should be followed by a statement substantially as follows:

It is suggested that small business firms or others interested in subcontracting opportunities in connection with this procurement make direct contact with the above firms.

(Date)

Small business specialists in each purchasing office are responsible for screening all proposed procurements and for recommending action to be taken with respect to publicizing such procurements in accordance with the requirements of this paragraph §§ 1.1003 through

1.1003-9. In those offices where no small business specialist is assigned, the contracting officer or other designated representative shall accomplish the foregoing.

[28 F.R. 12549, Nov. 23, 1963]

§ 1.1003-9 Preparation and transmittal. (a) Each purchasing office shall transmit a synopsis of proposed procurements as follows:

(1) When teletypewriter service is available, all synopses shall be forwarded daily as soon as practical via teletypewriter covering invitations for bids, requests for proposals or quotations issued on that day, or at the earliest practical time prior to issuance of the invitation for bids, requests for proposals or quotations, as is deemed appropriate, to the following address.

Synopsis (Attn: RUCMDW),
U.S. Department of Commerce,

Administrative Service Office,
Chicago, Illinois.

(2) When teletypewriter service is not available, synopses shall be dispatched by airmail or ordinary mail, whichever is considered most expeditious, addressed as follows:

U.S. Department of Commerce (Synopsis),
Administrative Service Office,
Room 1300,

433 West Van Buren Street,
Chicago, Illinois, 60607.

[Paragraph (a) amended, 28 F.R. 12549, Nov.
23, 1963]
Prior Amendments

1962: 27 F.R. 3445, Apr. 11; 27 F.R. 8870,
Sept. 6.

(b) Each synopsis shall be prepared as described below:

(1) Lines in the text commencing flush with left margin will not exceed 69 typewritten spaces. Double spaced lines will be used to describe each procurement action. Descriptions of different procurement actions will be distinguished by indenting the first line 5 spaces.

(2) The first line of the text of the message will state the number of the synopsis being sent. Synopses will be numbered consecutively by the purchasing office during the calendar year. New numerical series beginning with number one will start as of the first working day of January of each year. Double space between this line and the next line.

(3) The second line of the text of the message will state name and location of the purchasing office straight across the page, not to exceed 69 typewritten spaces. No abbreviations are to be used except for name of State. If more than one line is required for name and location of purchasing office, double space and continue on subsequent line or lines if necessary, double spacing between each line. The address may include an attention phrase directed to an official by name or title.

(4) Four spaces below the preceding line entry (name and address of purchasing office), indent 5 spaces. Using the Department of Defense Procurement Coding Manual, Section I of Volume I, Commodities and Services Reported on DD Form 350, select code applicable to procurement action and insert as appropriate:

(i) "EDTR", for any procurement classified under Part A;

(ii) The single letter code for procurement actions classified under Part B (use "Z" for services which do not fall within the categories cited in Part B); or

(iii) The first two digits of the 4-digit code for procurement actions classified under Part C of the Manual.

If more than one classification is applicable to the procurement action, enter the code