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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]

§ 1-2.205 Bidders mailing lists. §1-2.205-1 Establishment of 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 activity 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 bidders mailing list shall be handled in

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]

§ 1-2.205-2 Removal of names from bidders 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]

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with § 1-2.203-4, above. No concern which is debarred or suspended shall be reinstated during the period of debarment or while suspended.

[40 FR 2811, Jan. 16, 1975]

§ 1-2.205-4 Excessively long bidders mailing lists.

(a) General. To prevent excessive administrative costs of a procurement, mailing lists should be used in a way which will promote competition commensurate with the dollar value of the purchase to be made. As much of the mailing list will be used as is compatible with efficiency and economy in securing adequate competition as required by law. Where the number of bidders on a mailing list is considered excessive in relation to a specific procurement, the list may be reduced by any method consistent with the foregoing, including those described in paragraphs (b) and (c) of this section. The fact that less than an entire mailing list is used shall not in itself preclude furnishing of bidding sets to others upon request therefor, or consideration of bids received from bidders who were not invited to bid.

(b) Rotation of lists. Mailing lists may be rotated, but to do so will require considerable judgment as to whether the size of the transaction justifies the rotation. Consideration also should be given as to whether time permits utilization of the pre-invitation notice (see § 1-2.205-4(c)). In rotating a list, the interests of small business (see § 1-1.702(b)(2)) and the existence of labor surplus areas (see § 1-1.802-2(e)) shall be considered. Whenever the rotation method is employed, the successful bidder on the previous procurement for the same or similar items and those prospective suppliers who have been added to the bidders mailing list since the last procurement shall be solicited, in addition to those bidders comprising that segment of the list selected for use in a particular procurement, except where such action would be precluded by use of the small business total set-aside portion.

(c) Pre-invitation notices. In lieu of initially forwarding complete bid sets, the procuring activity may send pre

invitation notices to concerns on the mailing list. The notice shall (1) specify the date by which bidders should return the notice in order to receive a complete bid set, (2) describe the requirement so as to furnish a complete itein description and a condensation of other essential information to provide concerns with an intelligible basis for judging whether they have an interest in the procurement, and (3) expressly notify concerns that if no bid is to be submitted they should advise the issuing office in writing if future invitations are desired for the type of supplies or services involved. Drawings, plans, and specifications normally will not be furnished with the pre-invitation notice. The return date of the notice must be sufficiently in advance of the mailing date of the invitation for bids to permit an accurate estimate of the number of bid sets required. Bid sets will be sent to concerns which request them. This procedure is particularly suitable to major procuring activities where lengthy invitations for bids and long bidders lists are common.

[29 FR 10146, July 24, 1964, as amended at 29 FR 18477, Dec. 29, 1964]

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an amendment to the invitation for bids. The amendment shall be sent to each concern to whom the invitation for bids has been furnished and shall be displayed in the bid room.

(b) Each amendment issued to an invitation for bid shall:

(1) Be serially numbered, using a separate series of numbers for each invitation for bids concerned.

(2) Include the number of the invitation for bids concerned.

(3) Clearly state the changes made in the invitation for bids and the extension of the opening date, if any. If no extension of the time set for opening is involved, the amendment shall so state.

(4) Include instructions to bidders for acknowledging receipt of the amendment and information concerning the effect of failure to acknowledge or return the amendment.

(c) Before issuing an amendment to an invitation for bids, the period of time remaining until the time set for opening and the need for extending this period by postponing the time set for opening must be considered. Where only a short time remains before the time set for opening, consideration should be given to notifying bidders of an extension of time by telegraph or telephone. Such notification should be confirmed in the amendment.

(d) Any information given to a prospective bidder concerning an invitation for bids shall be furnished promptly to all other prospective bidders, as an amendment to the invitation, if such information is necessary to bidders in submitting bids on the invitation or if the lack of such information would be prejudicial to uninformed bidders. No award shall be made on the invitation unless such amendment has been issued in sufficient time to permit all prospective bidders to consider such information in submitting or modifying their bids.

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procurement process up to the point of cancellation. Invitations for bids should not be canceled unless cancellation is clearly in the public interest, such as where there is no longer a requirement for the material or service or where amendments to the invitation would be of such magnitude that a new invitation is desirable. Where an invitation is canceled, bids which have been received shall be returned unopened to the bidders and a notice of cancellation shall be sent to all prospective bidders to whom invitations for bids were issued.

(b) The notice of cancellation shall identify the invitation for bids; briefly explain the reason the invitation is being canceled; and, where appropriate, assure prospective bidders that they will be given an opportunity to bid on any resolicitation of bids or any future requirements for the type of material or services involved. The cancellation shall be recorded in accordance with § 1-2.403.

§ 1-2.209 Qualified products. See Subpart 1-1.11.

Subpart 1-2.3-Submission of Bids

§ 1-2.301 Responsiveness of bids.

(a) To be considered for award, a bid must comply in all material respects with the invitation for bids so that, both as to the method and timeliness of submission and as to the substance of any resulting contract, all bidders may stand on an equal footing and the integrity of the formal advertising system may be maintained.

(b) Telegraphic bids shall not be considered unless permitted by the invitation for bids. The term "telegraphic bids" includes bids or proposals submitted by telegram or by mailgram.

(c) Bids should be filled out, executed, and submitted in accordance with the instructions which are contained in the invitation for bids. If a bidder uses its own bid form or a letter to submit a bid, the bid may be considered only if (1) the bidder accepts all the terms and conditions of the invitation, and (2) award on the bid would result in a binding contract, the terms and conditions of which do not vary

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from the terms and conditions of the invitation.

[29 FR 10141, July 24, 1961, as amended at 42 FR 33737, July 1, 1977]

§ 1-2.302 Time of bid submission.

Bids shall be submitted so as to be received in the office designated in the invitation for bids not later than the exact time set for opening of bids. Where telegraphic bids are authorized, a telegraphic bid received in such office by telephone from the receiving telegraph office not later than the time set for opening of bids shall be considered if such bid is confirmed by the telegraph company by sending a copy of the the telegram which formed the basis for the telephone call.

§ 1-2.303 Late bids.

§ 1-2.303-1 General.

Bids received at the office designated in the invitation for bids after the exact time set for opening of bids are late bids. Late bids shall not be considered for award except as authorized in this § 1-2.303.

§ 1-2.303-2 Consideration for award.

A late bid shall be considered for award only if it is received before award and, (a) if submitted by mail, the circumstances outlined in § 12.303-3 are applicable, or (b) if submitted by telegram (where authorized) the circumstances set forth in § 12.303-4 are applicable.

[33 FR 20041, Dec. 31, 1968]

§ 1-2.303-3 Mailed bids.

A late bid, modification of bid, or withdrawal of bid shall be considered only if the circumstances set forth in the provision in § 1-2.201(a)(31) are applicable.

[38 FR 26914, Sept. 27, 1973]

§ 1-2.303-4 Telegraphic bids.

A late telegraphic bid received before award shall not be considered for award, regardless of the cause of the late receipt, including delays caused by the telegraph company, except for delays due to mishandling

on the part of the Government in its transmittal to the office designated in the invitation for bids for the receipt of bids, as provided for bids submitted by mail (see § 1-2.303-3).

[38 FR 26914, Sept. 27, 1973]

§ 1-2.303-5 Hand-carried bids.

A late hand-carried bid, or any other late bid not submitted by mail or telegram, shall not be considered for award.

§ 1-2.303-6 Notification to late bidders.

(a) When a late bid is received and it is clear from available information that under § 1-2.303-2 such late bid cannot be considered for award, the contracting officer, or his authorized representative, shall promptly notify the bidder that it was received late and will not be considered (see also § 1-2.303-7). However, when a late bid is transmitted by registered or certified mail and is received before award but it is not clear from available information whether it can be considered, the bidder shall be promptly notified substantially as follows:

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Your bid in response to Invitation for Bids Number dated ---- was received after the time for opening specified in the Invitation. Accordingly, your bid will not be opened or considered for award unless there is received from you by (date) the

original post office receipt for registered or certified mail showing a date of mailing not later than the fifth calendar day prior to the date specified for opening (e.g., a bid submitted in response to a solicitation requiring receipt of bids by the 20th of the month must have been mailed by the 15th or earlier).

(b) When a late telegraphic bid is received and it is clear from available information that under § 1-2.303-2 such late bid cannot be considered, the contracting officer, or his authorized representative, shall promptly notify the bidder that his bid was received late and will not be considered (see also § 1-2.303-7).

[38 FR 26914, Sept. 27, 1973]

§ 1-2.303-7 Disposition of late bids.

A late bid which is not for consideration shall be held unopened until after award and then returned to the bidder

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The following shall, if available, be included in the contracting office files with respect to each late bid:

(a) A statement of the date and hour of mailing or filing.

(b) A statement of the date and hour of receipt.

(c) The determination of whether or not the late bid was considered for award, with supporting facts.

(d) A statement of the disposition of the late bid.

(e) The envelope, or other covering, if the late bid was considered for award.

§1-2.304 Modification or withdrawal of bids.

(a) Bids may be modified or withdrawn by written or telegraphic notice received in the office designated in the invitation for bids not later than the exact time set for opening of bids. A telegraphic modification or withdrawal of a bid received in such office by telephone from the receiving telegraph office not later than the time set for opening of bids shall be considered if such message is confirmed by the telegraph company by sending a copy of the written telegram which formed the basis for the telephone call. Modifications received by telegram (including a record of those telephoned by the telegraph company) shall be sealed in an envelope by a proper official who shall write thereon the date and time of receipt and by whom, the invitation for bid number, and his signature. No information contained therein shall be disclosed before the time set for bid opening. See § 1-2.401 with respect to the receipt and safeguarding of modifications.

(b) A bid may be withdrawn in person by a bidder or his authorized representative, provided his identity is made known and he signs a receipt for the bid, but only if the withdrawal is

prior to the exact time set for opening of bids.

§ 1-2.305 Late modifications and withdrawals.

Modifications of bids and requests for withdrawal of bids which are received in the office designated in the invitation for bids after the exact time set for opening are "late modifications" and "late withdrawals," respectively. A late modification or late withdrawal shall be subject to the rules and procedures applicable to late bids set forth in § 1-2.303. However, a late modification of the otherwise successful bid shall be opened at any time it is received; and if in the judgment of the contracting officer it makes the terms of the bid more favorable to the Government, it shall be considered. In the case of late modifications and late withdrawals, the notice set forth in § 1-2.303-6 shall be appropriately modified.

Subpart 1-2.4-Opening of Bids and Award of Contract

§ 1-2.401 Receipt and safeguarding of bids.

(a) All bids (including modifications) received prior to the time set for opening shall be kept unopened, except as stated in § 1-2.401(b), and secure in a locked bid box or other locked receptacle. Prior to bid opening, information concerning the identity and number of bids received shall be made available only to Government employees who have a proper need for such information. When bid samples are submitted, they shall be handled with sufficient care to prevent disclosure of characteristics before bid opening.

(b) Unidentified bids may be opened solely for the purpose of identification and then only by an authorized official. If a sealed bid is opened by mistake, the telegram which formed the basis for the person who opens the bid will immediately write his signature and position title on the envelope and deliver it to the proper official. This official shall immediately write on the envelope an explanation of the opening, the date and time opened, the invitation for bid number, and his signa

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