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(1) Except as provided in paragraph (d)(2) of this section, if bidders are to furnish descriptive literature as a part of their bids, a provision substantially as follows (modified, if appropriate, in accordance with paragraph (e)(1) of this section) shall be included in the invitation for bids:
illustrations, drawings and brochures, which show the characteristics or con. struction of a product or explain its operation, furnished by a bidder as a part of his bid to describe the products offered in his bid. The term includes only information required to deter: mine acceptability of the product, and excludes other information such as that furnished in connection with the qualifications of a bidder or for use in operating or maintaining equipment.
(b) Policy. Bidders shall not be required to furnish descriptive literature as a part of their bids unless the contracting agency deems that such literature is needed to enable it to determine before award whether the products offered meet the specification requirements of the invitation for bids and to establish exactly what the bidder proposes to furnish. It may be appropriate to require descriptive litcrature in the procurement of highly technical or specialized equipment, or where considerations such as design or style are important in determining acceptability of the product.
(c) Justification. The reasons why acceptable products cannot be procured without the submission of descriptive literature shall be set forth and filed in the case file, except where such submission is required by the formal specifications (Federal, military, departmental, etc.) applicable to the procurement.
(d) Requirements of invitation for bids. When descriptive literature is required, the invitation for bids shall clearly state what descriptive literature is to be furnished, the purpose for which it is required, the extent to which it will be considered in the evaluation of bids, and the rules which will apply if a bidder fails to furnish it before bid opening or if the literature furnished does not comply with the requirements of the invitation for bids. Where descriptive literature is not considered necessary and a waiver of the literature requirements of a speci. fication has been authorized, a statement shall be included in the invitation for bids that notwithstanding the requirements of the specifications, descriptive literature will not be required.
REQUIREMENT FOR DESCRIPTIVE LITERATURE
(a) Descriptive literature as specified in this Invitation for Bids must be furnished as a part of the bid and must be received before the time set for opening bids. The literature furnished must be identified to show the item in the bid to which it pertains. The descriptive literature is required to establish, for the purposes of bid evaluation and award, details of the products the bidder proposes to furnish as to ( ).
(b) Failure of descriptive literature to show that the product offered conforms to the specifications and other requirements of this Invitation for Bids will require rejection of the bid. Failure to furnish the descriptive literature by the time specified in the Invitation for Bids will require rejection of the bid, except that if the material is transmitted by mail and is received late, it may be considered under the provisions for considering late bids, as set forth elsewhere in this Invitation for Bids.
*Contracting officer shall insert significant elements such as design, materials, components, or performance characteristics, or methods of manufacture, construction, assembly, or operation, as appropriate.
(2) When brand name or equal purchase descriptions are used, the requirements of this § 1-2.202-5 are met by inserting in the invitation for bids the brand names provision set forth in $ 1-1.307-6.
(e) Waiver of requirements for descriptive literature. (1) The provision prescribed in paragraph (d)(1) of this section may be modified to provide that the requirements for furnishing descriptive literature may be waiver as to a particular bidder if (i) the bidder states in his bid that the product he is offering to furnish is the same as a product previously or currently being furnished to the procuring activity and (ii) it is determined by the contracting officer that such product complies with the specification requirements of the current invitation for bids. When provision is to be made for such waiver, the invitation for bids provision in paragraph (d)(1) of this
section shall be modified by adding 81-2.203 Methods of soliciting bids.
8 1-2.203-1 Mailing or delivering to pros. However, the requirements for furnishing
pective bidders. descriptive literature may be waiver as to a Invitations for bids or pre-invitation bidder if (1) the bidder states in his bid that notices (see § 1-2.205-4(c)) shall be the product he is offering to furnish is the mailed (or delivered) to a sufficient same as a product he has previously fur number of prospective bidders so as to nished to the [* ] under a prior con
elicit adequate competition. Invitatract and the bidder identifies the contract,
tions for bids may be mailed for inforand (2) the Contracting Officer determines
mational purposes to Government that such product meets the requirements of this Invitation for Bids.
agencies, including procurement infor
mation offices, or to such other orga*Contracting officer shall insert "procur nizations as may be authorized by ing activity" or such other designation as
agency procedures. may be provided by agency procedures. (2) If the invitation for bids contains
§ 1-2.203-2 Displaying in public places. a provision for waiver in accordance Copies of unclassified invitations for with paragraph (e)(1) of this section, a bids shall be displayed at the procurbidder may submit his bid either on ing office and/or at other appropriate the basis of the descriptive literature public places. to be furnished or on the basis of a previously procured product. If he § 1-2.203-3 Publicity in newspapers and elects to submit his bid on one basis, trade journals. he is precluded from having his bid (a) Free publicity. A brief announce considered on the alternative basis ment of the proposed procurement, or after bids are opened.
copies of unclassified invitations for (f) Unsolicited descriptive literature. bids, may be made available for free If the furnishing of descriptive litera- publication to newspapers and to trade ture is not required by the invitation journals and magazines. for bids, but such literature is fur- (b) Paid advertisements. Paid advernished with a bid, it will not be consid- tisements in newspapers and trade ered as qualifying the bid, and will be journals shall be contracted for in acdisregarded, unless it is clear from the cordance with agency procedures purbid or accompanying papers that it suant to 5 U.S.C. 302; 44 U.S.C. 321, was the bidder's intention so to qualify 322, and 324; and Title 7, Chapter the bid.
5200, General Accounting Office (g) See § 1-2.404-4 for requirements
Policy and Procedures Manual for with respect to restrictions on the
Guidance of Federal Agencies. public disclosure of descriptive litera
§ 1-2.203–4 Synopses of invitations for ture submitted by a bidder.
bids. § 1-2.202-6 Final review of invitations for Synopses of invitations for bids shall bids.
be prepared and publicized in the The contracting officer shall ensure
Commerce Business Daily in accordthat each invitation for bids is thor
ance with § 1-1.1003. Requests for invi
tations for bids received by the procur. oughly reviewed prior to its issuance
ing activity as a result of publicizing to detect and correct discrepancies or
shall be honored to the extent that ambiguities which could limit competi
copies are available. The names of tion or result in the receipt of nonre
prospective bidders who are furnished sponsive bids.
invitations for bids in response to their (40 FR 2811, Jan. 16, 1975)
requests shall be added to the bidders mailing list for the particular procurement. However, when the request is made by a person or an organization known not to be a prospective bidder,
no entry shall be made on the bidders mailing list. (40 FR 2811, Jan. 16, 1975) § 1-2.204 Records of invitations for bids
and records of bids. (a) Each agency shall retain a record of every invitation for bids issued by it and of each abstract or record of bids. Agency purchasing offices shall review this record at the time of each subsequent procurement action for the same and, when appropriate, similar items, to ensure that the information available in the file is utilized in connection with the new procurement.
(b) The file of the invitation for bids shall show the distribution which was made and the date thereof. The names and addresses of prospective bidders requesting the invitation for bids who were not included on the original solicitation list shall be added and made a part of the record. [40 FR 2811, Jan. 16, 1975)
accordance with agency procedures. The issuance of a solicitation within a reasonable time may be considered appropriate notification. Those suppliers not meeting the criteria for placement on the bidders mailing list shall be notified accordingly.
(c) Bidder's Mailing List Application (Standard Form 129) shall be used for obtaining information needed, as prescribed in § 1-16.802, in the establishment and maintenance of bidders mailing lists. (29 FR 10146, July 24, 1964, as amended at 29 FR 18477, Dec. 29, 1964; 40 FR 2811, Jan. 16, 1975)
§ 1-2.205 Bidders mailing lists.
(a) Bidders mailing lists shall be established by procuring activities to assure access to adequate sources of supply and service and to obtain meaningful competition except where the requirements of the procuring ac. tivity can be obtained within the local trade area through utilization of simplified small purchase procedures. (See Subpart 1-3.6.) Procuring activity bidders mailing lists may be established as (1) a central list for use by all purchasing offices within the procuring activity or (2) local lists maintained by each purchasing office.
(b) All eligible and qualified concerns which have submitted bidders mailing list applications, or which the procuring activity considers capable of filling the requirements of a particular procurement, shall be placed on the appropriate bidders mailing list. Planned producers under the Industrial Readiness Planning Program shall be included on the bidders mailing list for their planned items. The issuance of notices to new prospective suppliers that they have been added to the bid ders mailing list shall be handled in
§ 1-2.205–2 Removal of names from bid.
ders mailing lists. (a) The name of each concern failing to either (1) submit a bid, (2) respond to a preinvitation notice (see § 1-2.2054(c)), or (3) otherwise respond either formally or informally shall be removed from the bidders mailing list without notice to the concern but only for the item or items involved in that invitation or notice. For any case where this procedure will ultimately result in very limited bidders mailing lists, the contracting officer should request an explanation from the concerns that did not respond to determine the reason for the failure to respond before deciding to remove the firms from the bidders mailing list.
(b) The names of concerns which have been (1) debarred from entering into Government contracts, or (2) otherwise determined to be ineligible to receive an award of a Government contract, shall be removed from the bidders mailing lists to the extent required by such debarment or determination of ineligibility. (29 FR 10141, July 24, 1964, as amended at 40 FR 2811, Jan. 16, 1975)
$ 1-2.205-3 Reinstatement on bidders
mailing lists. Concerns which have been removed from bidders mailing lists may be reinstated upon written request, by filing a new application on Standard Form 129, by the submission of a bona fide bid, or by requesting an invitation for bids (after publication in the Commerce Business Daily) in accordance
with $ 1-2.203-4, above. No concern invitation notices to concerns on the which is debarred or suspended shall mailing list. The notice shall (1) specibe reinstated during the period of de- fy the date by which bidders should barment or while suspended.
return the notice in order to receive a
complete bid set, (2) describe the re(40 FR 2811, Jan. 16, 1975)
quirement so as to furnish a complete § 1-2.205-4 Excessively long bidders mail
itein description and a condensation of
other essential information to provide ing lists.
concerns with an intelligible basis for (a) General. To prevent excessive ad judging whether they have an interest ministrative costs of a procurement, in the procurement, and (3) expressly mailing lists should be used in a way notify concerns that if no bid is to be which will promote competition com- submitted they should advise the issu. mensurate with the dollar value of the ing office in writing if future invitapurchase to be made. As much of the tions are desired for the type of supmailing list will be used as is compati. plies or services involved. Drawings, ble with efficiency and economy in se plans, and specifications normally will curing adequate competition as re not be furnished with the pre-invitaquired by law. Where the number of tion notice. The return date of the bidders on a mailing list is considered notice must be sufficiently in advance excessive in relation to a specific pro of the mailing date of the invitation curement, the list may be reduced by for bids to permit an accurate estimate any method consistent with the fore- of the number of bid sets required. Bid going, including those described in
sets will be sent to concerns which reparagraphs (b) and (c) of this section. quest them. This procedure is particuThe fact that less than an entire mail larly suitable to major procuring activing list is used shall not in itself pre
ities where lengthy invitations for bids clude furnishing of bidding sets to and long bidders lists are common. others upon request therefor, or con
(29 FR 10146, July 24, 1964, as amended at sideration of bids received from bid. ders who were not invited to bid.
29 FR 18477, Dec. 29, 1964) (b) Rotation of lists. Mailing lists 81-2.205-5 Release of bidders mailing may be rotated, but to do so will re
lists. quire considerable judgment as to whether the size of the transaction
(a) (Reserved) justifies the rotation. Consideration
(b) When invitations for bids for also should be given as to whether
construction contracts have been time permits utilization of the pre-in
issued, trade journals, prospective subvitation notice (see § 1-2.205-4(c)). In
contractors, material suppliers, and rotating a list, the interests of small
others having a bona fide interest in business (see § 1-1.702(b)(2)) and the
such information, may be supplied, existence of labor surplus areas (see
upon request, with a list of all prospec8 1-1.802-2(e)) shall be considered.
tive bidders furnished copies of the Whenever the rotation method is em
plans and specifications. ployed, the successful bidder on the previous procurement for the same or
§ 1-2.206 Small business and labor surplus similar items and those prospective
area set-asides. suppliers who have been added to the See Subparts 1-1.7 and 1-1.8. bidders mailing list since the last procurement shall be solicited, in addition § 1-2.207 Amendment of invitations for to those bidders comprising that seg
bids. ment of the list selected for use in a (a) If after issuance of invitations particular procurement, except where for bids but before the time set for such action would be precluded by use opening of bids it becomes necessary of the small business total set-aside to make changes in quantities, specifiportion.
cations, delivery schedules, opening (c) Pre-invitation notices. In lieu of dates, etc., or to correct a defective or initially forwarding complete bid sets, ambiguous invitation, such changes the procuring activity may send pre- shall be accomplished by issuance of
an amendment to the invitation for procurement process up to the point bids. The amendment shall be sent to of cancellation. Invitations for bids each concern to whom the invitation should not be canceled unless cancellafor bids has been furnished and shall tion is clearly in the public interest, be displayed in the bid room.
such as where there is no longer a re(b) Each amendment issued to an in quirement for the material or service vitation for bid shall:
or where amendments to the invita(1) Be serially numbered, using a
tion would be of such magnitude that separate series of numbers for each in
a new invitation is desirable. Where an vitation for bids concerned.
invitation is canceled, bids which have (2) Include the number of the invita
been received shall be returned untion for bids concerned.
opened to the bidders and a notice of
cancellation shall be sent to all pros(3) Clearly state the changes made
pective bidders to whom invitations in the invitation for bids and the ex
for bids were issued. tension of the opening date, if any. If no extension of the time set for open
(b) The notice of cancellation shall ing is involved, the amendment shall
identify the invitation for bids; briefly so state.
explain the reason the invitation is
being canceled; and, where appropri(4) Include instructions to bidders
ate, assure prospective bidders that for acknowledging receipt of the
they will be given an opportunity to amendment and information concern
bid on any resolicitation of bids or any ing the effect of failure to acknowl
future requirements for the type of edge or return the amendment.
material or services involved. The can(c) Before issuing an amendment to
cellation shall be recorded in accordan invitation for bids, the period of
ance with § 1-2.403. time remaining until the time set for opening and the need for extending
§ 1-2.209 Qualified products. this period by postponing the time set for opening must be considered.
See Subpart 1-1.11. Where only a short time remains before the time set for opening, con Subpart 1-2.3—Submission of Bids sideration should be given to notifying bidders of an extension of time by $ 1-2.301 Responsiveness of bids. telegraph or telephone. Such notifica
(a) To be considered for award, a bid tion should be confirmed in the
must comply in all material respects amendment.
with the invitation for bids so that, (d) Any information given to a pros both as to the method and timeliness pective bidder concerning an invita
of submission and as to the substance tion for bids shall be furnished of any resulting contract, all bidders promptly to all other prospective bid may stand on an equal footing and the ders, as an amendment to the invita integrity of the formal advertising tion, if such information is necessary
system may be maintained. to bidders in submitting bids on the in (b) Telegraphic bids shall not be vitation or if the lack of such informa
considered unless permitted by the intion would be prejudicial to unin.
vitation for bids. The term "telegraphformed bidders. No award shall be
ic bids" includes bids or proposals submade on the invitation unless such
mitted by telegram or by mailgram. amendment has been issued in suffi.
(c) Bids should be filled out, executcient time to permit all prospective
ed, and submitted in accordance with bidders to consider such information
the instructions which are contained in submitting or modifying their bids. in the invitation for bids. If a bidder
uses its own bid form or a letter to $ 1-2.208 Cancellation of invitations
submit a bid, the bid may be considbefore opening.
ered only if (1) the bidder accepts all (a) Cancellation of an invitation for the terms and conditions of the invitabids usually involves the loss of time, tion, and (2) award on the bid would effort, and money spent by the Gov- result in a binding contract, the terms ernment and bidders in carrying the and conditions of which do not vary