(c) All inquiries concerning suspended Contractors will be referred to the Secretary of the Department concerned or his authorized representative for appropriate action. A suspended contractor will not be informed of the prohibitions effected against him under this paragraph, except as directed by the Secretary.

[18 F. R. 5032, Aug. 22, 1953]

§ 1.606 Limitations. No firm or individual will be listed on the consolidated list for causes or under conditions other than those set forth in this subpart. [19 F. R. 8748, Dec. 21, 1954]

§ 1.607 Interchange of debarment information. (a) The General Services Administration is charged by GSA Regulation 1-II-207.07 with compiling from the notifications of debarments furnished them by the military departments and executive agencies a combined list of such debarments, including the basis of action, and distributing a copy of such lists to all executive agencies including the military departments. In general application, this listing will be for information purposes only and it is not intended to take

the place of, or be in addition to, the lists maintained by the various agencies.

(b) Each department will notify the General Services Administration of the name and address of its central office where debarment information should be sent.

(c) Each department will check the list of debarred bidders furnished by the General Services Administration and consider firms or individuals listed thereon for inclusion upon their own lists, in accordance with the provisions of this subpart.

(d) On specific request, the General Services Administration has agreed to furnish to the military departments a copy of the notice reflecting the basis for debarment action taken by another agency for causes contained in § 1.604-1 (subsection 207.05a of GSA Regulation 1-II) or under the BuyAmerican Act. If desired, direct inquiry concerning any debarment case may be made to the agency which originated the action.

[18 F. R. 2584, May 2, 1953] § 1.608 Sample of list.

(Type A listings shall not be awarded contracts and shall not be solicited by bid or proposal.)

(Type B listings shall not be awarded contracts in any amount and shall not be solicited by bid or proposal for materials, supplies, articles, or equipment in which declared ineligible. However, contracts may be awarded and bids or proposals may be solicited for commodities in which not declared ineligible regardless of amount.)

(Type C listings shall not be awarded contracts and shall not be solicited by bid or proposal for construction, alteration, or repair of public buildings or public work in the continental United States or elsewhere as specified in the Buy American Act. However, listings may be awarded contracts and may be solicited by bid or proposal for

shall be used as a guide by oversea commanders in the establishment and maintenance of a consolidated list of firms and individuals to whom contracts will not be awarded and from whom bids or proposals will not be solicited, giving due consideration to laws or customs of the local foreign governments in which such lists are to be applicable. Advice of any debarment, ineligibility, or suspension, or release therefrom, by major oversea commanders will be furnished to the Secretary of the Department concerned and to the local representatives of the other military departments. Major oversea commanders will advise both the Secretary of the Department concerned and the Chief of the United States Diplomatic Missions in the country concerned of actions contemplated under this section which may have important political significance. In addition to firms or individuals included on any consolidated list by major oversea commanders, such list shall also include the names of firms or individuals to whom United States government contracts will be denied pursuant to the Economic Defense Administrative Action Program, as implemented by the Department of Defense, or pursuant to any other applicable statute, executive order, directive or regulation.

[19 F. R. 686, Feb. 5, 1954]

Part 2-Procurement by Formal

Advertising

Sec.

2.000

Contract

Scope of subpart.

Opening of bids.
Recording of bids.

Rejection of bids.

Minor informalities or irregularities in bids.

Mistakes in bids.

Obvious or apparent mistakes of a clerical nature.

Mistakes disclosed after opening and prior to award other than obvious or apparent mistakes of a clerical nature.

Disclosure of mistakes after award. Award.

Responsible bidder.

Discounts.

Other factors to be considered.
Equal low bids.

Statement and certificate of award.

Information to bidders.

Synopses of contract awards.

Statement of policy.

Preparation and transmittal of synopsis.

Subpart E-Qualified Products

Scope of subpart.

Authority for qualified products.

Justification for inclusion of prod

ucts on Qualified Products List. Qualification of products.

Opportunity to qualify.

Testing of product.

2.500

2.202-3 Publishing in trade journals.

2.501

2.202-4 Publishing in newspapers.

2.502

2.202-5

2.203

Synopses of invitations for bids. Office of permanent record.

2.503

2.204

Bidders' mailing lists.

2.503-1

2.503-2

2.503-3

2.204-2

2.204-3

Preparation of application form. Item listings for information of

2.504-1

bidders.

2.504-2

Notification to manufacturer.

Military lists.

Department lists.

Procurement of qualified products. Contracts entered into by formal advertising.

Solicitation of bids.

2.505-2 2.505-3 Contracts entered into by negotiation. 2.506 Additional policies and procedures.

AUTHORITY: $$2.000 to 2.506 issued under R. S. 161; 5 U. S. C. 22. Interpret or apply 62 Stat. 21, sec. 638, 66 Stat. 537; 41 U. S. C. 151-162.

§ 2.000 Scope of part. This part sets forth, on the basis of the provisions of an authority contained in the act, (a) the basic requirements for the procurement of supplies and services by means of formal advertising, (b) the information to be contained in forms used for the solicitation of bids, (c) methods of soliciting bids, (d) policies with respect to the submission of bids, (e) requirements for the opening and evaluation of bids and for the awarding of contracts, and (f) requirements for the procurement of qualified products.

[15 F. R. 8028, Nov. 23, 1950]

SUBPART A-USE OF FORMAL ADVERTISING SOURCE: 2.101 to 2.103 appear at 15 F. R. 8028, Nov. 23, 1950.

§ 2.101 Meaning of formal advertising. As used throughout this subchapter, formal advertising means that method of procurement prescribed in this part with respect to competitive bids and awards.

§ 2.102 Use of formal advertising. In accordance with the basic policies set forth in Subpart C of Part 1 of this subchapter, procurement of supplies and services shall generally be effected by formal advertising. Bids shall be solicited from all such qualified sources of supplies or services as are deemed necessary by the Contracting Officer to assure such full and free competition as is consistent with the procurement of the required supplies or services. Current lists of bidders shall be maintained by each purchasing office.

§ 2.103 General requirements for formal advertising. No contract shall be entered into as a result of formal ad

vertising unless and until all of the following requirements have been satisfied: (a) Bids have been solicited in accordance with the requirements of Subpart B of this part;

(b) Bids have been submitted in accordance with the requirements of Subpart C of this part;

(c) All applicable requirements of law, of this subchapter, and of procedures prescribed by each respective Department have been met;

(d) Such business clearance or approval as is prescribed by applicable Department procedures has been obtained; and

(e) Award has been made to that responsible bidder whose bid, conforming to the Invitation for Bids, will be most advantageous to the Government, price and other factors considered, as prescribed in Subpart D of this part.

SUBPART B-SOLICITATION OF BIDS

§ 2.200 Scope of subpart. This subpart deals with (a) preparation of forms to be used in the solicitation of bids, and (b) methods of soliciting bids. [15 F. R. 8028, Nov. 23, 1950]

§2.201

Preparation of forms. The form or forms to be used in the solicitation of bids should contain substantially the following information and any other information required by procedures prescribed by each respective Department. (a) Invitation for bids. (1) Invitation number.

(2) Name and address of issuing activity.

(3) Date of issuance.

(4) Date, hour, and place of opening. (b) Bid. Bid blanks are to be filled in by the bidder, and each bid is to be executed in accordance with instructions to bidders.

(c) Schedule. (1) Number of pages. (2) Requisition (or other purchase authority), appropriation, and accounting data.

(3) Discount provisions (including the removal of or changes in standard discount provisions whenever it is expected that prompt-payment discounts cannot be taken according to a time schedule set forth in the printed form).

(4) Quantity of supplies or services to be furnished under each item, and any provision for quantity variation.

(5) Description of supplies or services to be furnished under each item, such description to be in accordance with the provisions of § 1.305 of this subchapter relating to specifications and with procedures prescribed by each respective Department.

(6) Whenever specifications require prior testing and qualification of products, the right to reject bids offering products which do not meet this requirement of prior testing and qualification must be expressly reserved either in the specification itself or in the schedule. (See 2.505-2.)

(7) Time, place and method of delivery (see § 1.306 of this subchapter).

(8) Permission, if any, to submit telegraphic bids.

(9) Permission, if any, to submit alternative bids, including alternative materials or designs.

(10) Requirement, in the case of advertising for the construction of Naval vessels, that the bidder file with his bid the estimates on which the bid is based. (11) Preservation, packaging, packing, and marking requirements, if any.

(12) Place, method, and conditions of inspection.

(13) Bond and surety requirements, if any.

(14) Special provisions relating to such matters as Government-furnished property, progress payments, patent licenses, liquidated damages, profit limitations, etc.: Provided, That any such special provisions are authorized.

(d) General provisions or conditions. In addition to the special provisions set forth in paragraph (c) of this section, each solicitation of bids shall include such general contract provisions or conditions as are required by law, by this subchapter, and by procedures prescribed by each respective Department. [15 F. R. 8028, Nov. 23, 1950, as amended at 17 F. R. 5646, June 24, 1952]

§ 2.202 Methods of soliciting bids. Manufacturers, construction contractors, and regular dealers, as defined in § 1.201-9 of this subchapter, regardless of size, who can establish or have established their fitness and ability to fulfill contract requirements, will be placed on mailing lists for bids or notices in advance of bids. Contracting Officers may elect to send either invitations for bids or advance notices, but

shall use one method exclusively in each separate procurement action. Bids shall be solicited by the methods prescribed in §§ 2.202-1 and 2.202-2, and by the methods prescribed in §§ 2.202-3 and 2.202-4 to the extent deemed necessary by the Contracting Officer in order to assure full and free competition, provided, that (a) bids shall be solicited sufficiently in advance of the opening of bids to allow bidders an adequate opportunity to prepare and submit their bids, and (b) bids with respect to classified puchases shall be solicited in accordance with procedures prescribed by each respective Department. Synopses of invitations for bids shall be prepared and distributed as prescribed in § 2.206. [19 F. R. 7482, Nov. 20, 1954]

§ 2.202-1 Mailing or delivery to prospective bidders. The form or forms to be used in the solicitation of bids shall be filled out and mailed (or delivered) to each prospective bidder. Invitations for Bids shall not be mailed to persons or firms other than manufacturers, construction contractors, or regular dealers, but may be mailed to Federal Government agencies, including procurement information offices.

[19 F. R. 686, Feb. 5, 1954]

§ 2.202-2 Displaying in public place. Copies of the form or forms to be used in the solicitation of bids shall be filled out and displayed at the purchasing office or at some other appropriate public place. To the extent that unclassified invitations for bids are available, they shall be provided at the purchasing office to manufacturers, construction contractors, and regular dealers, and to others having a legitimate interest therein, such as publishers, trade associations, procurement information services and others who disseminate information concerning invitations for bids; otherwise, the purchasing office may limit the availability of invitations to perusal at such office.

[19 F. R. 686, Feb. 5, 1954]

§ 2.202-3 Publishing in trade journals. A brief announcement of the proposed purchase may be made available for free publication to trade journals or magazines whose subscribers are manufacturers of, construction contractors for, or dealers in the supplies or services being procured.

[19 F. R. 686, Feb. 5, 1954]