(13) Any other pertinent data in the form of explanations, comments, or comparisons concerning any unusual or new phases of the procurement or negotiations relating thereto (comments or report of the Division of Finance of the Operations Office concerned as to the financial and pricing aspects of the proposed contract should be included under this paragraph. Comment on recent and current contracts of the contractor with other Operations Offices and other Government agencies with particular emphasis on a comparison of business aspects of such contract with the proposed contract) and (14) In the case of contract actions requiring Washington approval, the name of the AEC negotiator responsible for the transaction together with telephone number and extension (in the case of subcontract actions, requiring Washington approval, give the name and telephone number of the AEC representative at the operations or area office level responsible for reviewing the proposed action). § 9-55.102-3 Procurement by cost-type contractors-exceptions. The requirements of § 9-55.102-2 with respect to justification of negotiated subcontracts are not applicable to contracts and purchase orders, placed by cost-type contractors, which are entered into through procedures similar to those of formal advertising. The exception shall apply only to subcontract actions which meet all of the criteria set forth in paragraphs (a) through (e) of this section. (a) The purchased item is offered for sale in a normal competitive market. This will usually be the case in standard or semistandard commercial items where keen competition is normally found. Caution should be exercised, however, in relying on comparisons of quotations as indicative of reasonableness of price. (b) The solicitation of quotations is adequate to assure such full and free competition as is consistent with securing the required supplies and services. In determining the adequacy of the solicitation, the following points should be considered: (1) Prospective suppliers should be given adequate notice and reasonable time in which to submit quotations; (2) the solicitation should not impose conditions or restrictions which would tend to limit competition; and (3) there should be reasonably wide dissemination of information on the pending procurement. (c) The competition obtained is adequate to assure the reasonableness of prices to be paid. (d) Award is in the best interest of the Government. As in the case of formally advertised procurements, award may occasionally be made to other than the low offeror. In such instances, the file documentation should roughly parallel that of a comparable prime contract. (e) The resulting contract will be a fixed-price type without provision for price redetermination; however, escalation may be used. Time and material contracts are not to be considered as a fixed-price type of contracting. Subpart 9-55.2 Documentation § 9-55.200 Scope of subpart. This subpart sets forth the administrative requirements for the establishment and maintenance of complete files of documents in support of AEC procurement actions for equipment, supplies, and services (including construction), whether formally advertised or negotiated. § 9-55.201 Procurement files. The procurement file shall include copies of all documents, certified if necessary that present a historical record of the facts of the transaction. Basic papers of the procurement file shall be arranged and secured in a logical order so as to facilitate review and audit. A complete file shall be maintained, and the removal of pertinent papers avoided. Bulky material, such as unsuccessful proposals, specifications, drawings, etc., need not be physically kept in the file, but may be filed elsewhere under the case reference number, cross referenced in both files. (g) An evaluation of the reasonableness of the low bid accepted; including a comparison with the independent government cost estimate, if applicable; (h) Copy of notice of award; (1) Justification for award to other than the low bidder and other circumstances justifying award, such as basis for making the award in case of equal low bids; (m) If performance or payment bond requirements on lump-sum or unit-price construction contracts and subcontract do not conform to the requirements of AECM 9114, state the reason. (n) Related correspondence. § 9-55.204 Approval files-Cost-t y pe contractor procurement. A file shall be established in the Field Office which will document each costtype contractor procurement requiring prior approval by AEC. These files shall include such pertinent and supporting material as may be determined by the Field to adequately reflect the procurement practices and procedures used and the circumstances supporting the particular transaction. (c) Copy of request for proposals, including drawings and specifications when applicable or references thereto; (d) List of prospective contractors solicited; (e) Abstract of proposals both oral and written; (f) Copies of written proposals or confirming quotations received; (g) The "Findings and Determinations" required by AECPR 9-3; (h) The basis upon which it has been determined that the contractor was financially and technically able to perform; (i) Cost breakdown or other appropriate information used to determine reasonableness of price in making award, including a statement on the analysis of the price; (j) Approval of appropriate reviewing authority when required; (k) Conformed copy of contract or purchase order with specific reference to any unusual contract provisions and reasons therefor; (1) Related correspondence; and (m) Copies of any modifications. § 9-55.203 Documentation of procurement through formal advertising. The file covering a procurement by formal advertising shall include the following: (a) Copy of the procurement directive, requistion or other document upon which procurement is based; (b) Copy of the bid invitation; (c) List of prospective bidders solic ited; 14-1.107 Arrangement. 14-1.107-1 Numbering. AUTHORITY: §§ 14-1.000 to 14-1.107 issued under R.S. 161; 5 U.S.C. 22. SOURCE: §§ 14-1.000 to 14-1.107-1 appear at 27 F.R. 776, Jan. 26, 1962. § 14-1.000 Scope of part. This part establishes a system of procurement procedures applicable to purchases of personal property and nonpersonal services (including construction) by all bureaus and offices of the Department of the Interior, based upon the Federal Property and Administrative Services Act of 1949 and the Federal Procurement Regulations, and describes the method by which the Department of the Interior implements and supplements Federal Procurement Regulations, and sets forth policies and procedures which implement and supplement Part 1-1 of the Federal Procurement Regulations. Subpart 14-1.1-Introduction § 14-1.100 Purpose. Department of the Interior Procurement Regulations are hereby established as Chapter 14 of the Federal Procurement Regulations System in order to provide uniform policies and procedures for procurement of personal property and services by all bureaus and offices of the Department of the Interior in conformity with the Federal Property and Administrative Services Act and regulations thereunder. The material in this subpart explains the relationship of Department of the Interior Procurement Regulations to Federal Procurement Regulations and to other procurement instructions governing Department of the Interior operations. § 14-1.101 Authority. Title III of the Federal Property and Administrative Services Act of 1949 provides a procurement system applicable to purchases of personal property and services by the General Services Administration and by other executive agencies to which the Administrator of General Services, pursuant to section 302 (a) (2) of the Act, has delegated authority to apply the provisions of Title III. The Administrator on March 10, 1959, issued Delegation of Authority 363 (24 F.R. 1921, March 17, 1959) authorizing all executive agencies (except those governed by the Armed Services Procurement Act) to utilize the provisions of Title III, other than section 305, relating to advance payments. The Federal Procurement Regulations System was established by the Administrator in March 1959 (Procurement Circular 1, 24 F.R. 1933, March 17, 1959), to prescribe policies and methods of procurement by all executive agencies acting under the Federal Property and Administrative Services Act of 1949. Executive agencies are authorized by FPR 1-1.008 to prescribe agency regulations to implement, supplement, and deviate from Federal Procurement Regulations. For the Department of the Interior, the Secretary of the Interior is empowered by law to prescribe such regulations (5 U.S.C. 22). § 14-1.102 Adoption of the Federal Procurement Regulations System. Pursuant to authority delegated by the Administrator of General Services, the provisions of Title III of the Federal Property and Administrative Services Act of 1949 and Federal Procurement Regulations shall, unless an exception is made by the Secretary for any purchase or class of purchases, govern the procurement of personal property and non-personal services (including construction) by all bureaus and offices of the Department of the Interior. § 14-1.103 Relationship. (a) Chapter 14 implements and supplements the FPR. Material published in the FPR, which has Government-wide applicability, becomes effective throughout the Department of the Interior upon the effective date of the particular FPR issuance. Such material will not be repeated, paraphrased, or otherwise stated in Chapter 14 except to the extent necessary to implement, supplement or authorize deviations from the FPR. (b) Procurement instructions necessary to implement or supplement the FPR and Chapter 14 will be issued by the Office of the Administrative Assistant Secretary, when necessary to accomplish |