(Describe in substantial detail minimum facilities and personnel required)

are invited to submit complete information to the procuring office listed above. Information furnished should include the total number of employees and professional qualifications of scientists, engineers, and technical personnel; a description of general and special facilities; an outline of previous projects; a statement regarding industrial security clearance, if previously granted; and other available descriptive literature. This is not a request for a proposal."

(8) Names of concerns to whom requests for proposals have been issued. Where the contracting officer determines in accordance with § 1-1.10034(a) that the names of concerns to whom requests for proposals have been issued should be included in the synopsis, such synopsis shall contain substantially the following statement:

Requests for proposals have been issued to the following concerns:

within the United States, exceeding $25,000 in amount, shall be publicized in the Department of Commerce Synopsis (see § 1-1.1003-1). This dollar amount is not a prohibition against publicizing smaller awards where it is determined that such publication would be advantageous to industry or to the Government.

§ 1-1.1004-1 Preparation and transmittal.

(a) Procuring activities shall transmit synopses of contract awards by airmail or ordinary mail, whichever is considered more expeditious, before the close of business at the end of each week, addressed as follows: U.S. Department of Commerce, Commerce Business Daily, P.O. Box 5999, Chicago, Ill. 60680.

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

(1) Spacing shall be as stated in § 1-1.1003-7(b)(1).

(2) The contracting office and address will be shown as described in § 11.1003-7(b) (3).

(3) The appropriate classification code (see § 1-1.1005) for each contract award shall begin five spaces from the left margin and be followed by two hyphens and the common name of the supplies or services. If a contract covers more than one class of supplies or services, enter the code for the class which accounts for the largest dollar amount. Immediately following the common name, using full lines across the page, enter the contract number, the number of the invitation for bids or request for proposals (in parenthesis), the quantity, unit, and dollar amount for each item, and the name and address of the contractor. The quantity, unit, and dollar amount for individual items of $25,000 or less in a single award need not be shown. In lieu thereof, a statement, such as "various items" or "20 items" or "items 3, 5, 6, 7, 9, 16, 20, and 23", followed by the total dollar amount of the award for such items, may be used.

(4) When requested by the prime contractor, a statement will be included regarding the industries, crafts, processes, or component items in or for which subcontracts are available and subcontractors are desired, together with the general area, if any, indicated by the prime contractor, such as Southeast States, West Coast, New England.

[29 F.R. 10104, July 24, 1964, as amended at 30 F.R. 9592, July 31, 1965]

§ 1-1.1005 Classification codes.

The classification codes to be shown in synopses messages, as required by § 11.1003-7(b) (4) for proposed procurements and § 1-1.1004-1(b) (3) for contract awards, shall be in accordance with this § 1-1.1005. Services (including construction and experimental, developmental, test, and research work) shall be coded with the applicable letter code set forth in § 1-1.1005-1. Supplies shall be coded with the applicable two-digit numerical code set forth in § 1-1.1005-2. § 1-1.1005-1 Codes for services.

The code letters to be used for services are as follows: Code

Description of Services

A Experimental, Developmental, Test, and Research Work (research includes both basic and applied research).

K

J Maintenance and Repair of Equipment. Modification, Alteration, and Rebuilding of Equipment.

L Technical Representative Services (Example: Services of technical specialists required to advise and assist with respect to the installation, checking, operation, and maintenance of complex equipment).

M Operation and Maintenance of Government-Owned Facility.

N Installation of Equipment (use code K if the procurement also involves modification, alteration, or rebuilding of the equipment).

P

Salvage Services (services required to salvage property of any kind).

Y

Examples:

Lease of ADP or EAM equipment. Lease of earth-moving equipment. Construction (includes construction, alteration, and repair of buildings, structures, and other improvements to real property, including roads, bridges, tunnels, sewers, power lines, railways, docks, levees, and canals). Z Miscellaneous (includes services which do not fall within any of the above).

§ 1-1.1005-2 Codes for supplies.

The two-digit code numbers to be used for supplies are as set forth below. The numbers and descriptions used are the same as the 76 assigned commodity groups of the Federal Supply Classification system as shown in the Cataloging Handbook, H 2-1, Federal Supply Classification, Part 1, Groups and Classes. This handbook, together with Cataloging Handbooks H 2-2 (Numeric Index of Classes) and H 2-3 (Alphabetic Index), will be helpful in determining the proper code to be assigned to supply items in synopses messages. These handbooks may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. Code Description of Supplies

Custodial-janitorial service.

12

Insect and rodent control.

13

Ammunition and Explosives.

Packing and crating.

14

Guided Missiles.

Storage services.

15

Garbage and trash collection.

Food service.

16

Fueling service.

17

Aircraft Launching, Landing,

and

Fire protection.

Ground Handling Equipment.

Building and grounds maintenance.

Care of remains-funeral services.

Ores, Minerals, and Their Primary Products.

99 Miscellaneous.

Subpart 1-1.11-Qualified Products § 1-1.1101 Procurement of qualified products.

(a) Whenever qualified products are to be procured only bids or proposals offering products which have been qualified prior to the opening of advertised bids or the award of negotiated contracts shall be considered in making an award. Manufacturers having products which have been qualified but which are not yet included on the qualified products list involved, should be given consideration and an opportunity to offer evidence of such qualification in the time interval before award must be made. (Other instructions concerning establishment of qualified products lists, qualification of products, etc., are contained in General Services Administration Regulation 1-VI, Part 2.)

(b) Whenever procurement of qualified products is to be made by formal advertising, the following provision shall be inserted in invitations for bids:

QUALIFIED PRODUCTS

With respect to products described in this invitation as requiring qualification, awards will be made only for such products as have, prior to the time set for opening of bids, been tested and approved for inclusion in the qualified products list identified below. Manufacturers who wish to have a product tested for qualification are urged to communicate with the officer designated below. Manufacturers having products not yet listed, but which have been qualified, are requested to submit evidence of such qualification with their bids, so that they may be given consideration.

[Identify the Qualified Products List involved and give the name and address of the office with which manufacturers should communicate.]

(c) The provision in § 1-1.1101 (b) shall be appropriately modified and used in requests for proposals when procurement of qualified products is to be made by negotiation.

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Subsistence.

(a) This Subpart 1-1.16, developed cooperatively with the Department of Justice, prescribes procedures for submitting reports to the Attorney General in accordance with Executive Order No. 10936 of April 24, 1961 (3 CFR, 19591963 Comp., pp. 466-468), when identical bids are received in connection with the procurement of personal property or nonpersonal services (including construction).

(b) The purpose of the Executive order is to discourage identical bidding; to reduce the costs of the Government; to aid in the enforcement of the antitrust laws and the maintenance of a competitive economy; and to provide the Attorney General such information as may tend to establish the presence of a conspiracy in restraint of trade and which may warrant further investigation with a view to preferring civil or criminal charges.

(c) The reports required by this subpart are in addition to and are not to be considered as satisfying the requirements of Subpart 1-1.9 for reporting cases of possible antitrust law violations to the Attorney General.

As used in this Subpart 1-1.16, the following terms shall have the meanings set forth:

(a) "Identical bids" means two or more bids for the same line item which:

(1) Are identical on their face (disregarding the application of evaluation factors such as discount and transportation cost) as to unit price or total line item amount; or

(2) Are found, in the normal process of evaluating bids for award, to be identical as to unit price or total line item amount. (Line item evaluation computations beyond those normally made to determine the low acceptable bidder are not required.)

(b) "Line item" means a procurement item (as defined in § 1-1.220) specified in an invitation for bids which, under the terms of the invitation, is susceptible to a separate contract award.

(c) "Bid value" means the dollar amount computed by multiplying the line item quantity specified in the invitation for bids by the lowest unit price bid for the line item. Where a line item quan

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tity is not specified in the invitation, as in the case of requirements type or indefinite quantity type contracts, the bid value of the line item is the dollar amount computed by multiplying the estimated line item quantity by the lowest unit price bid for the line item.

§ 1-1.1603

Reporting requirements.

§ 1-1.1603-1 Cases to be reported.

(a) A report shall be submitted by executive agencies to the Attorney General as provided in this § 1-1.1603 whenever (1) the total bid value of all line items covered by an invitation for bids issued under formal advertising procedures, or under small business restricted advertising procedures (see § 1-1.701-9), exceeds $10,000, and (2) identical bids have been received on at least one line item having a bid value of more than $2,500. However, a report will not be submitted where bids are received only from foreign sources in response to invitations for bids requiring delivery and performance outside the United States, its possessions, and the Commonwealth of Puerto Rico.

(b) Reports are required on reportable identical bids regardless of whether an award is made on the line item, the invitation is canceled, or some other disposition is made after bid opening. Line items on which identical bids are received are not reportable if the bid value of the line item is $2,500 or less. Likewise, line items on which no identical bids are received are not reportable. § 1-1.1603-2 Preparation of reports

(a) Identical bid reports shall be made on U.S. Department of Justice Form DJ1500, Identical Bid Report for Procurement (for illustration of the form, see § 1-16.903-DJ1500). Form DJ-1500 is available in pads of 100 at General Services Administration supply depots (Federal Stock No. 7540-823-7870). Instructions for filling out the form are printed on the cover of each pad of forms.

(b) All bids on each line item on which reportable identical bids are received shall be shown on the report whether or not the identical bids were the low bids. § 1-1.1603-3 Submission of reports.

(a) Identical bid reports shall be sent to the Attorney General within 20 days following the disposition of all bids received in response to the invitation for bids, whether by the awarding of one or more contracts or other action.

(b) Two completed copies of each identical bid report, together with one copy of the invitation for bids and one copy of the completed abstract of bids, shall be sent to the Attorney General, Ref. AT-IBR, Washington, D.C. 20530. When the number of line items on an invitation exceeds 100, a copy of the abstract of bids need not be furnished. In such cases, however, the identical bid report shall be annotated to indicate the number of line items and the number of bidders on the invitation.

(c) A copy of each identical bid report shall be retained by the reporting activity.

§ 1-1.1604

Supplemental requests by Attorney General.

The Attorney General may, from time to time, request such supplemental information with respect to identical bid reports submitted to him as he may deem necessary for effective enforcement of antitrust laws.

§ 1-1.1605 Information to be obtained from bidders.

§ 1-1.1605-1 Invitation for bids provision.

A provision substantially as follows shall be inserted in all invitations for bids for the procurement of personal property or nonpersonal services (including construction) under either formal advertising procedures or small business restricted advertising procedures where it is estimated that the total bid value of all line items covered by the invitation may exceed $10,000: PARENT COMPANY AND EMPLOYER IDENTIFICATION NUMBER

Each bidder shall furnish the following information by filling in the appropriate blocks:

(a) Is the bidder owned or controlled by a parent company as described below? Yes No

(For the purpose of this bid, a parent company is defined as one which either owns or controls the activities and basic business policies of the bidder. To own another company means the parent company must own at least a majority (more than 50 percent) of the voting rights in that company. To control another company, such ownership is not required; if another company is able to formulate, determine, or veto basic business policy decisions of the bidder, such other company is considered the parent company of the bidder. This control may be exercised through the use of dominant minority voting rights, use of proxy voting, contractual arrangements, or otherwise.)

(a) If a bid does not contain the information called for by the invitation for bids provision in § 1-1.1605-1 and an identical bid report is required under § 1-1.1603-1, one inquiry shall be made of the bidder in an effort to obtain the information. If the information is not available after inquiry, the identical bid report shall be annotated so to indicate.

(b) Failure to provide information concerning employer identification number or parent company relationship shall not be considered a basis for rejection of bids.

Subpart 1-1.17 [Reserved] Subpart 1-1.18-Postaward Orientation of Contractors

SOURCE: The provisions of this Subpart 1-1.18 appear at 31 F.R. 12437, Sept. 20, 1966, unless otherwise noted.

§ 1-1.1800 Scope of subpart.

The subpart prescribes policies and procedures regarding the postaward orientation of contractors performing contracts and subcontracts for supplies and services (except construction). § 1-1.1801

§ 1-1.1802

[Reserved] Policy.

(a) When it is determined after contract award that the contractor does not or may not have a clear understanding of the scope of the contract, of its technical requirements, or of the rights and obligations of the parties, postaward orientation conferences may be employed (see § 1-1.1803) in order to clarify these matters. Where less complex contracts are involved, simpler means may be used, such as a letter to the contractor (see