$9-2.000 Scope. This part implements and supplements FPR Part 1-2. $9-2.201 Subpart 9-2.2 Solicitation for bids. Preparation of invitations for bids. When an option to increase the quantities specified is employed, the percentage inserted in the option should not normally exceed 25 percent. The following language is suggested for incorporation in invitations for bids: percent without life of the con "The Government reserves the right to increase or decrease the quantity specified in any item of the schedule by change in the unit price, if at any time during the tract such an increase or decrease shall be determined to be in the interests of the Government." When the contract contains a provision for termination for convenience of the Government, the words "or decrease" in the option may be deleted. $9-2.202-50 Postponement of bid openings. Whenever such action is determined by the head of the procuring activity or designee to be in the best interest of the Government, bid openings may be postponed by issuance and distribution to all prospective bidders of an amendment (see FPR 1-2.207) to the invitation for bids. Notices of Postponement shall be issued by mail or telegraph as early as possible, but in any event prior to the time specified for the opening of bids. $9-2.203-3 Paid advertisements. (b) When it is deemed necessary to use paid advertisements in newspapers, written authority for such publication 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 bids 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, is delegated authority 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 1-2.4064(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 the Comptroller General. Factors to be considered in negotiated contracts. Proposal information. Treatment of proposal information. 9-3.000 9-3.102 9-3.103 9-3.150 9-3.150-1 General. 9-3.150-2 9-3.150-3 Handling notice. 9-3.150-4 9-3.150-5 9-3.151 9-3.151-1 9-3.151-2 9-3.151-3 9-3.152 Subpart 9-3.2 Disclosure outside Government. Information to unsuccessful offerors. Identification of proprietary data in proposals. Unsolicited proposals. Required notice of right to request patent waiver. Circumstances permitting negotiation Scope of subpart. Personal or professional services. Purchases not to be publicly disclosed. 9-3.200 9-3.202 Public exigency. 9-3.204 9-3.212 9-3.213 9-3.215 Technical equipment requiring standardization and Otherwise authorized by law. Subpart 9-3.3 Determinations, findings, and authorities 9-3.301 9-3.302 9-3.303 General. Determinations and findings. Determinations and findings by the Head of the Agency. Subpart 9-3.4 Types of contracts 9-3.404-50 9-3.405-5 9-3.405-50 9-3.408 Lump-sum contract for architect-engineer services Cost-plus-a-fixed-fee contract. 90-136 - 77-5 Subpart 9-3.6 Small purchases 9-3.600 9-3.603-1 9-3.603-2 9-3.603-3 9-3.605-1 9-3.605-3 Subpart 9-3.8 9-3.800 9-3.801 9-3.801-2 9-3.802 9-3.805 9-3.805-1 9-3.805-50 9-3.805-51 9-3.807-1 9-3.807-3 9-3.808 9-3.808-1 9-3.808-2 9-3.808-50 9-3.808-51 9-3.808-52 9-3.809 9-3.814-1 9-3.850 Subpart 9-3.9 9-3.901 Scope of Subpart. Solicitation. Data to Support Small Purchases. Standard Form 44. ERDA order forms. Price Negotiation Policies and Techniques Scope. Basic Policy. Responsibility of contracting officers. Preparation for negotiation. Selection of offerors for negotiation and award. Selection procedures. Noncompetitive procurement. General. Cost or pricing data. Profit or fee. General. Factors for determining profit or fee. Contracts with not-for-profit organizations (other than educational institutions). Contracts with educational institutions. Contract audit as a pricing aid.. Price reduction for defective cost or pricing data. Subcontracting policies and procedures General. $9-3.000 Scope of part. This part implements and supplements the policies and procedures governing procurement by negotiation set forth in FPR Part 1-3. $9-3.102 Subpart 9-3.1 Use of Negotiation Factors to be considered in negotiated contracts. In addition to other factors to be considered in FPR 1-3.102, the contracting officer must inquire of and secure complete information from the prospective contractor as to background patent applications and patents in order that a determination regarding need for a "background patents" provision can be made. $9-3.103 Dissemination of procurement information. (a) See 10 CFR Part 709, Public Records, for regulations relating to the availability of ERDA records to the public. $9-3.150 Proposal information. $9-3.150-1 General. Information contained in proposals will be used only for evaluation purposes except to the extent such information is generally available to the public, is already the property of the Government, or the Government already has unrestricted use rights, or is or has been made available to the Government from any source, including the proposer or offeror, without restriction. The term proposals as used in this section includes responses to program opportunity notices (PONs), program research and development announcements (PRDAs), and solicitations of a similar nature in addition to requests for Proposals (RFPs). As a practical matter, ERDA cannot assume any responsibility for disclosure or use of any such information unless it is identified by the proposer or offeror in accordance with this section. Unless a solicitation specifies otherwise, ERDA will not refuse to consider a solicited proposal or an unsolicited proposal merely because the proposal is restrictively marked. $9-3.150-2 Treatment of proposal information. (a) A proposal may include technical data and other data, including trade secrets and/or privileged or confidential commercial or financial information, which the proposer does not want disclosed to the public or used by the Government for any purpose other than |