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(b) "Line item” means a procure. Form DJ-1500, Identical Bid Report ment item (as defined in § 1-1.220) for Procurement (for illustration of specified in an invitation for bids the form, see $ 1-16.903-DJ1500). which, under the terms of the invita Form DJ-1500 is available in pads of tion, is susceptible to a separate con 100 at General Services Administratract award.
tion supply depots (Federal Stock No. (c) “Bid value" means the dollar 7540-823-7870). Instructions for filling amount computed by multiplying the out the form are printed on the cover line item quantity specified in the invi- of each pad of forms. tation for bids by the lowest unit price (b) All bids on each line item on bid for the line item. Where a line which reportable identical bids are reitem quantity is not specified in the in- ceived shall be shown on the report vitation, as in the case of requirements whether or not the identical bids were type or indefinite quantity type con the low bids. tracts, the bid value of the line item is the dollar amount computed by multi § 1-1.1603-3 Submission of reports. plying the estimated line item quanti.
(a) Identical bid reports shall be sent ty by the lowest unit price bid for the
to the Attorney General within 20 line item.
days following the disposition of all
bids received in response to the invita§ 1-1.1603 Reporting requirements.
tion for bids, whether by the awarding 8 1-1.1603-1 Cases to be reported.
of one or more contracts or other
action. (a) A report shall be submitted by
(b) Two completed copies of each executive agencies to the Attorney identin
identical bid report, together with one General as provided in this § 1-1.1603
copy of the invitation for bids and one whenever (1) the total bid value of all
copy of the completed abstract of bids, line items covered by an invitation for
shall be sent to the Attorney General, bids issued under formal advertising
Ref. AT-IBR, Washington, D.C. 20530. procedures, or under small business re
When the number of line items on an stricted advertising procedures (see
invitation exceeds 100, a copy of the § 1-1.701-9), exceeds $10,000, and (2)
abstract of bids need not be furnished. identical bids have been received on at
In such cases, however, the identical least one line item having a bid value
bid report shall be annotated to indiof more than $10,000. However, a
cate the number of line items and the report will not be submitted where
number of bidders on the invitation. bids are received only from foreign
(c) A copy of each identical bid sources in response to invitations for
report shall be retained by the reportbids requiring delivery and perform
ing activity. ance outside the United States, its possessions, and the Commonwealth of § 1-1.1604 Supplemental requests by At. Puerto Rico.
torney General. (b) Reports are required on reportable identical bids regardless of wheth
The Attorney General may, from er an award is made on the line item,
time to time, request such supplementhe invitation is canceled, or some
tal information with respect to identiother disposition is made after bid
cal bid reports submitted to him as he opening. Line items on which identical
may deem necessary for effective enbids are received are not reportable if forcement of antitrust laws. the bid value of the line item is
$ 1-1.1605 Information to be obtained $10,000 or less. Likewise, line items on which no identical bids are received
from bidders. are not reportable.
§ 1-1.1605-1 Invitation for bids provision. [40 FR 44138, Sept. 25, 1975)
A provision substantially as follows
shall be inserted in all invitations for § 1-1.1603-2 Preparation of reports
bids for the procurement of personal (a) Identical bid reports shall be property or nonpersonal services (inmade on U.S. Department of Justice cluding construction) under either
ship shall not be considered a basis for rejection of bids.
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:
Subpart 1-1.17 (Reserved)
Subpart 1-1.18—Postaward Orientation of Contractors
SOURCE: Subpart 1-1.18 appears at 31 FR 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 (Reserved)
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 com. pany 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.)
(b) If the answer to (a) above is “Yes," bidder shall insert in the space below the name and main office address of the parent company. (Name) (Address)
(c) Bidder shall insert in the applicable space below, if he has no parent company, his own employer's identification number E.I. No.) (Federal social security number used on employer's quarterly Federal tax return, U.S. Treasury Department Form 941), or, if he has a parent company, the E.I. No. of his parent company. Bidder's E.I. No. --Parent Company's E.I. No. --
8 1-1.1802 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 811.1806). Postaward orientation of subcontractors also may be employed (see § 1-1.1804).
(b) However, a postaward orientation conference may not be used in substitution for affirmative preaward determinations as to a bidder's responsibility, e.g., as to his willingness and ability to comply with the equal employment opportunity requirements. (31 FR 12437, Sept. 20, 1966, as amended at 36 FR 17421, Aug. 31, 1971)
(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 anno. tated so to indicate.
(b) Failure to provide information concerning employer identification number or parent company relation
§ 1-1.1803 Postaward orientation confer
ences. § 1-1.1803–1 Factors. S
In selecting contracts for postaward orientation, the selection should include consideration of the following factors:
(5) Designate a conference chairman (this should be the contracting officer if he will be a participant); and
(6) Prepare a summary report of the conference, when necessary. When the contracting officer initiates the request for a conference, the arrangements referred to in this paragraph may be made by him or, at his request, by the office in charge of administra. tion.
(a) Nature and extent of the preaward survey and any prior discus. sions had with the contractor;
(b) Technical complexity of the item or service;
(C) End use of the item or service, particularly its relation to critical programs;
(d) Urgency of the delivery schedule;
(e) Length of the planned production cycle;
(f) Past performance of the contractor;
(g) Procurement history of the item or service;
(h) Type and value of the contract;
(i) Requirements for spare parts or related equipment;
(j) Contractor's experience with the agency's contracts, or with the item or service being procured;
(k) Extent of subcontracting; and
(1) Safety precautions required for hazardous materials or operations.
§ 1-1.1803-2 Initial action.
(a) The need for a postaward orientation conference normally will be established by the contracting officer or
v the contracting officer or the head of the office in charge of contract administration as a result of substantive review and analysis of the contract and related reports. It is de sirable for interested Government personnel to hold a meeting prior to the conference to assure that an appropriate and coordinated Government position is developed regarding indicated questions and problems.
(b) An orientation conference should be held, as soon as possible after the contract award, when analysis of the contract or other information indicates that existing or potential problems may adversely affect the performance of the contract. The official who determines that a postaward orientation conference is needed should normally make all necessary arrangements to:
(1) Conduct a preliminary meeting of Government personnel;
(2) Establish the time and place of the orientation conference;
(3) Prepare an agenda or checklist:
$ 1-1.1803-3 Agenda.
The agenda of or checklist for an orientation conference may include such matters as:
(a) Special contractual provisions;
(b) Clarification of specifications and other work requirements;
(c) Production planning;
(d) Furnishing and control of Gov. ernment property;
(e) Billing and payment procedures; (f) Reporting requirements;
(g) Processing of engineering changes and change orders;
(h) Quality control and testing requirements;
(i) Requirements for spare parts or related equipment;
(j) Packaging and shipping; (k) Subcontract consent; (1) Prime contractor responsibility for subcontracts;
(m) Allowability of cost determinations;
(n) Incentive features;
(q) Major problem areas or other appropriate topics. § 1-1.1803-4 Participants.
It is essential that all parties involved in the execution, administration, and performance of a Govern. ment contract have a clear and mutual understanding of the scope of the contract, the technical requirements, and the rights and obligations of the parties. Participants in a postaward orientation conference may include, as appropriate, the contracting officer, representatives from the contracting office and from the office in charge of administration, other interested Government personnel, and the contractor's representatives.
change or are inconsistent with the provisions of the subcontract.
§ 1-1.1805 Reports.
Summary reports of conferences should be prepared as provided by agency procedures. Such reports should cover the significant items discussed, including areas requiring resolution, controversial matters, and the names of the participants or units assigned responsibility for further actions, as well as the due dates for such actions.
$ 1-1.1803–5 Conference procedure.
The conference shall be conducted by the designated Government chair. man, normally the contracting officer if he is a participant. Unless a specific contract change has been agreed to by the contracting officer at the prelimi. nary meeting of Government personnel to be in the best interest of the Government, the chairman should emphasize that the conference is not being held for the purpose of changing the contract. Where the contracting officer participates in the conference, he may make commitments or give directions within the scope of his authority and he should, to the extent necessary, reduce to writing and sign any such commitments or directions. Participants who are without authority to bind the Government contractually should not take actions which may give the contractor the impression that the provisions of the contract are being altered. However, such participants, subject to any limitations placed upon their authority, may provide information and guidance to explain existing provisions and requirements of the contract. Where a summary report of the conference is to be prepared, the report should cover such matters as are set forth in § 1-1.1805.
$ 1-1.1806 Postaward letters.
Where less complex contracts are involved, a letter to the contractor may be sufficient. In such cases, the letter should identify the Government representative responsible for administering the contract and should cite any unusual contract requirements such as special reports, revised specifications, preproduction tests, subcontracting consent requirements, Government property to be furnished, and any other significant requirements.
Subpart 1-1.19-1-1.22 (Reserved)
§ 1-1.1804 Subcontract conferences.
SOURCE: 40 FR 36339, Aug. 20, 1975, unless The prime contractor is generally re- otherwise noted. sponsible for conducting any necessary postaward orientation conferences
§ 1-1.2300 Scope of subpart. with subcontractors. However, in ex This subpart prescribes policies and ceptional cases involving subcontract procedures regarding the requireed items or services which are techni. ments of the Clean Air Act, as amendcally complex the prime contractor ed (42 U.S.C. 1857 et seq., as amended may invite the Government to partici. by Pub. L. 91-604, December 31, 1970), pate in a conference or the Govern
the Federal Water Pollution Control ment may request the prime contrac- Act (33 U.S.C. 1251 et seq., as amended tor to initiate such a conference with by Pub. L. 92-500, October 18, 1972), the subcontractor. Representatives Executive Order 11738, September 10, from the Government office in charge 1973, and the related regulations of of administration of the prime con- the Environmental Protection Agency tract and subcontracts thereunder,
(EPA) (40 CFR Part 15). should be included as participants. Government participants in such con
$ 1-1.2301 Policy. ferences should give due regard to the (a) Executive Order 11738 provides lack of contractual privity (normally in section 1 that “It is the policy of none exists) between the Government the Federal Government to improve and subcontractors. Accordingly, they and enhance environmental quality. In should not make commitments, give furtherance of that policy, the prodirections, or take any actions which gram prescribed in this Order is insti
tuted to assure that each Federal agency empowered to enter into contracts for the procurement of goods, materials, or services, and each Feder al agency empowered to extend Federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective en forcement of the Clean Air Act (hereinafter referred to as the 'Air Act') and the Federal Water Pollution Control Act (hereinafter referred to as the 'Water Act')."
(b) Except as provided in § 1-1.23024, no executive agency shall enter into, renew, or extend any contract for the procurement of goods, materials, or services to a firm proposing to use in the performance thereof a facility which is listed by the Director, Office of Federal Activities, Environmental Protection Agency (EPA), pursuant to 40 CFR 15.20, as a violating facility under either the Air Act or the Water Act.
the Director, Office of Federal Activi. ties, Environmental Protection Agency, indicating that any facility which he proposes to use for the performance of the contract is under consideration to be listed on the EPA List of Violating Facilities.
(c) He will include substantially this certification, including this paragraph () in (c), in every nonexempt subcontract. 1-1.2302-2 Contract clause.
The following clause shall be included in all contracts except those involving small purchases:
CLEAN AJR AND WATER (Applicable only if the contract exceeds $100,000, or the contracting officer has determined that orders under an indefinite quantity contract in any one year will exceed $100,000, or a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C. 1857c-8(c)(1)) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by EPA, or the contract is not otherwise exempt.)
(a) The Contractor agrees as follows:
(1) To comply with all the requirements of section 114 of the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub. L. 91-604) and section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq., as amended by Pub. L. 92-500), respectively, relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the award of this contract.
(2) That no portion of the work required by this prime contract will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this contract was awarded unless and until the EPA eliminates the name of such facility or facilities from such listing.
(3) To use his best efforts to comply with clean air standards and clean water standards at the facility in which the contract is being performed.
(4) To insert the substance of the provisions of this clause into any non
8 1-1.2302-1 Solicitation provision.
The provisions set forth below shall be included in each solicitation and resulting contract (except those involv. ing small purchases (see Subpart 13.6)) and contracts awarded without reference to a solicitation.
CLEAN AIR AND WATER CERTIFICATION (Applicable if the bid or offer exceeds $100,000, or the contracting officer has de termined that orders under an indefinite quantity contract in any year will exceed $100,000, or a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C. 1857c-8(c)(1)) or the Fed. eral Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by EPA, or is not otherwise exempt.)
The bidder or offeror certifies as fol. lows:
(a) Any facility to be utilized in the performance of this proposed contract has ( ), has not [ ]. been listed on the Environmental Protection Agency List of Violating Facilities.
(b) He will promptly notify the contracting officer, prior to award, of the receipt of any communication from