turers of the item to adhere to pricing systems which may be characterized as delivered pricing, zone pricing, or basing point pricing. If the answer is in the affirmative, describe the nature of the pricing system used.

(j) Indicate whether, in the opinion of the procurement agency, the suspect or tie bids submitted appear to stem from collusion or conspiracy on the part of the suspect bidders, and, if so, explain the basis for this opinion.

Subpart 1-1.10-Publicizing
Procurement Actions

§ 1-1.1001 General policy.

Proposed procurements which offer competitive opportunities for prospective prime contractors or subcontractors shall be publicized as prescribed in this Subpart 1-1.10, to increase competition, thus assisting small business and labor surplus area concerns and broadening industry participation in Government procurement programs.

§ 1-1.1002 Availability of invitations for bids and requests for proposals.

A reasonable number of copies of each invitation for bids and request for proposals publicized in the Department of Commerce Synopsis (see § 1-1.1003-1), including specifications and other pertinent information, shall be maintained by the issuing office. To the extent such unclassified invitations for bids and requests for proposals are available, they shall be provided upon request to manufacturers, construction contractors, and regular dealers and to others having a legitimate interest therein, such as publishers, trade associations, procurement information services and others who disseminate information concerning invitations for bids and requests for proposals; otherwise the procuring activity may limit the availability of invitations for bids and requests for proposals to perusal at the issuing office. With regard to classified procurements, this § 1-1.1002 applies to the extent consistent with agency security requirements.

§ 1-1.1003 Synopses of proposed pro

curements.

§ 1-1.1003-1 Department of Commerce Synopsis.

(a) The "Commerce Business Daily, Synopsis of U.S. Government Proposed Procurement, Sales and Contract

Awards,” informally known as “Department of Commerce Synopsis" or "Synopsis," is published daily, except Saturdays, Sundays, and holidays, by the U.S. Department of Commerce, Chicago, Illinois. Section 8 of the Small Business Act (15 U.S.C. 637(e) empowers the Secretary of Commerce to obtain notice of certain proposed procurement actions from any Federal department, establishment, or agency engaged in procurement of supplies and services in the United States; and to publicize such notices in the Department of Commerce Synopsis immediately after the necessity for the procurement is established.

(b) The primary purpose of the Department of Commerce Synopsis is to provide industry with information concerning current Government contracting and subcontracting opportunities, including information as to the identity and location of Government contracting offices and prime contractors having current or potential need for certain types of products or services.

(c) The Department of Commerce Synopsis is available on an annual subscription basis, and subscriptions can be entered at any Department of Commerce office. Complimentary subscriptions are available to participating Government activities upon request.

(d) Procurement agencies shall develop procedures for assuring that proposed procurements are publicized in the Synopsis as required by this § 1-1.1003. § 1-1.1003-2 General requirements.

(a) In accordance with section 8 of the Small Business Act, all proposed defense procurement actions of $10,000 and above, and all proposed civilian agency procurement actions of $5,000 and above, will be published promptly in the Department of Commerce Synopsis (see § 1-1.1003-6), except that the following need not be so publicized:

(1) Procurements of a classified nature where the information necessary to be included or referenced in the solicitation (invitation for bids or request for proposals) is in itself of a classified nature and the public disclosure of this information would violate security requirements. All other classified procurements shall be published in the Synopsis if sufficient information of an unclassified nature can be provided in the solicitation to enable a prospective contractor to submit a bid or proposal;

(2) Procurements of perishable subsistence;

(3) Procurements which are for utility services and the procuring agency in accordance with applicable law has predetermined the utility concern to whom the award will be made;

(4) Procurements which are of such unusual and compelling emergency that the Government would be seriously injured if bids or offers were permitted to be made more than 15 calendar days after issuance of the invitation for bids or request for proposals or the date of transmittal of the synopsis, whichever is earlier;

(5) Procurements which are made by an order placed under an existing contract;

(6) Procurements which are made from another Government department or agency, or a mandatory source of supply;

(7) [Reserved]

(8) Procurements which are for services from educational institutions;

(9) Procurements in which only foreign sources are to be solicited; or

(10) Procurements for which it is determined in writing by the procuring agency, with the concurrence of the Administrator of the Small Business Administration, that advance publicity is not appropriate or reasonable.

(The term "defense procurement actions," as used in this § 1-1.1003-2, shall apply only to procurement made by the Department of Defense.)

(b) The dollar amount specified in § 1-1.1003-2(a) is not a prohibition against publicizing procurements below that amount where it is determined that such publication would be advantageous to industry or to the Government. [29 F.R. 10104, July 24, 1964, as amended at 35 F.R. 3070, Feb. 17, 1970]

:

Each specific procurement of research and development shall be publicized in the Synopsis unless (1) one of the exceptions in § 1-1.1003-2 is applicable, or (2) an advance notice has been published in the Synopsis and such notice was sufficiently specific to permit potential sources to request solicitations for the procurement.

(b) Personal and professional (other than architect-engineer) services. Advance notice or procurements for personal or professional services shall be published in the Synopsis when it is feasible and practicable and in the best interest of the Government.

(c) Architect-engineer and related services with fees over $10,000. For each contract for which the fee is expected to exceed $10,000, a notice of intention to contract for architect-engineer services shall be published in the Synopsis. The notice shall be prepared in accordance with § 1-1.1003-7(b) (9) and shall solicit submission of Standard Form 251, U.S. Government Architect-Engineer Questionnaire, from persons or firms that are eligible for consideration and that do not have current data on file with the procuring agency or office. The notice will be published sufficiently in advance to afford the architect-engineer firms an adequate opportunity to submit to the procurement office a general statement of qualifications and performance data applicable to the expected requirements of that procurement office. Synopses of contract awards shall be in accordance with § 1-1.1004...

(d) Architect-engineer and related services with fees $10,000 and under. Agencies may employ the procedures in paragraph (c) above. In the alternative, however, agencies may publicize each contract estimated to be $10,000 and under only in the area where the project is to be performed. Copies of the announcement shall be publicly displayed at the procuring office and appear in at least one daily newspaper circulated in the local area. Written notification to affected professional societies in the area of project consideration should also be made.

[35 FR 3070, Feb. 17, 1970, as amended at 38 FR 33594, Dec. 6, 1973] § 1-1.1003-4

Synopses of subcontract

opportunities.

(a) By contracting officers. (1) In order to broaden the opportunity in negotiated procurement for subcontracting to

small business concerns and others, contracting officers shall, unless not in the Government's interest or subcontracting opportunities do not exist, publish in the Commerce Business Daily the names and addresses of firms to whom requests for proposals are to be issued in connection with all procurement actions over $500,000. Contracting officers are encouraged to synopsize procurement actions under $500,000 unless not in the Government's interest or subcontracting opportunities do not exist. However, the list need not be synopsized where the number of concerns to whom requests for proposals will be sent is extensive, the list includes all or a major portion of an industry, and the procurement involves articles which either are regularly sold commercially or are essentially similar to articles which are so sold. The foregoing procedure will offer opportunities to small business concerns and others interested in subcontracting to make direct contacts with prospective prime contractors at an early stage in the procurement. An addition to the regular synopsis, prepared in accordance with § 1-1.1003-7, shall be made as set forth in § 1-1.1003–7(b) (8).

(2) Contracting officers shall, unless not in the Government's interest or subcontracting opportunities do not exist, publish in the Commerce Business Daily the names and addresses of firms which have submitted acceptable technical proposals in the first step of two-step formal advertising and will therefore be issued invitations for bids in the second step (see § 1-2.503). Such lists should be followed by a statement substantially as follows:

It is suggested that small arms or others interested in subcontracting opportunities in connection with this procurement make direct contact with the above firms.

(b) By prime contractors and subcontractors. Prime contractors and subcontractors should be encouraged to use the Commerce Business Daily to publicize opportunities in the field of subcontracting stemming from Government business. Prime contractors and their subcontractors will be advised to mail subcontract information directly to the Commerce Business Daily, U.S. Department of Commerce, Room 1304, 433 West Van Buren Street, Chicago, Ill. 60607, under the heading "Subcontracting Assistance Wanted" and in the form of the following example:

XYZ CO. ATTN JOHN Z. SMITH, TELE. NO. RANDOLPH 6-1111, 102 FIRST AVE.,

CHICAGO, ILLINOIS 60607, seeks Subcontractor on items to be used in connection with Contract No. awarded

(Date) COILS, INDUCTION, DWG. NO. 10-742 10,000 ea. (Name, description, and quantity of other items or services may be included as long as contract assistance is desired under the same contract number.) If interested, make inquiry before to above contractor.

(Date) [30 F.R. 9591, July 31, 1965, as amended at 35 F.R. 3070, Feb. 17, 1970] § 1-1.1003-5

Pre-invitation notices.

Where pre-invitation notices are used (see § 1-2.205-4), the pre-invitation information shall be included in the Synopsis. The information need not be republished in the Synopsis when the invitation for bids is subsequently issued. § 1-1.1003-6 Time of publicizing.

To allow concerns which are not on current bidders lists ample time to prepare bids or proposals, procuring activities shall, except when found by the contracting officer not to be feasible to do so, publicize proposed procurements 10 calendar days before issuance of invitations for bids and requests for proposals. In a case where this is not feasible, the synopsis should be forwarded to the Commerce Business Daily not later than the date of the issuance of the invitation for bids or request for proposals. [35 F.R. 3070, Feb. 17, 1970]

§ 1-1.1003-7 Preparation and transmittal.

(a) Procuring activities shall transmit synopses of proposed procurements as follows:

(1) When teletypewriter service is available and time or other consideration indicate that mail service should not be used, all synopses shall be forwarded as frequently as practical each day via teletypewriter covering invitations for bids and requests for proposals or quotations issued on that day, or at the earliest practical time prior to the issuance of such invitations and requests as is deemed appropriate to the following address: Synopses, U.S. Department of Commerce, Field Services, Chicago, 111.

(2) When the use of mail service does not interfere with the intent to allow interested concerns ample time to submit bids, proposals, or quotations, or when teletypewriter service is not available, synopses normally shall be sent by airmail or ordinary mail, whichever is

considered more expeditious, addressed as follows: Commerce Business Daily, U.S. Department of Commerce, Room 1304, 433 West Van Buren Street, Chicago, Ill. 60607. This address should be used also when commercial telegraph facilities are used.

(b) Each synopsis message shall be prepared as described below:

(1) Spacing. Except as provided in § 1-1.1003-7(b) (4), lines in the text will begin flush with the left margin and will not exceed 69 typewritten spaces in length. Double spaced lines will be used in the text. Each procurement shall be described in a separate paragraph.

(2) Message number. The first line of the message text will state the "transmittal number" of the message being sent. Synopses will be numbered consecutively by the reporting activity during the calendar year, using a new series of numbers beginning with number one for the first message of each calendar year.

(3) Contracting office and address. The name and address of the contracting office will begin on the second line of the message text and continue straight across the page and on the subsequent line or lines if necessary. No abbreviations are to be used except for the name of the State. The address may include an attention phrase directed to an official by name, title, or reference code.

(4) Description of procurements. The appropriate classification code (see § 1– 1.1005 and subparagraph (5) of this § 1-1.1003-7(b)) for each proposed procurement of supplies and services shall begin five spaces from the left margin followed by two hyphens and the description of the procurement. As used in this Subpart 1-1.10, the term "supplies" includes materials and equipment. The description shall be in narrative form, double spaced, with each succeeding line commencing flush with the left margin. The description shall be clear, concise, and in such detail that it will be understood by interested parties. Description shall include, as appropriate, commonly used names of supply items, basic materials from which fabricated, general size or dimensions, citations of specification and drawing numbers, quantities, units of measure, invitation for bid or request for proposal numbers, opening dates, places of delivery, and other pertinent data. Where a term or indefinite quantity contract is involved, the description should so indi

cate and, where applicable, include a statement as to the duration of the contract period. If an item is covered by one or more specifications requiring qualification testing and approval, and such requirement has not been waived, the notation "QPL" shall be inserted immediately following the specification number. Federal stock numbers should be included where one has been assigned. Only standard, commonly understood abbreviations may be used. For purposes of clarity, two hyphens should be used instead of punctuation marks to separate quantities, purchase reference numbers, opening dates, and other elements of the description. Copies of the Commerce Business Daily will be helpful as a guide in preparing messages.

(5) Several items on one invitation for bids or request for proposals. Where several items are included in the same invitation for bids or request for proposals, a blanket statement such as "The following described items are to be procured under Invitation for Bids (or Request for Proposals) No. ------, Opening Date "should be inserted following the classification code and preceding the description of the items. If more than one class of supplies or services is involved, enter the code for the class accounting for the largest dollar volume of the procurement.

(6) Procurements involving set-asides. If the proposed procurement involves a small business set-aside (see § 1-1.706) or labor surplus area set-aside (see § 1-1.804), the synopsis message shall—

(i) Where there is a 100 percent small business set-aside, state that "The proposed procurement (s) listed herein is (are) totally set aside for small bu iness." Separate messages should >e sent covering those proposed procurements which involve 100 percent small business set-asides in order to facilitate proper identification in the synopsis.

(ii) Where there is a partial small business or labor surplus area set-aside. state that "An additional quantity of

information as to research and development capabilities in given fields of interest shall be headed "Research and Development Sources Sought." This shall be followed by a statement similar to the following: "Firms having research and development capabilities in the field of ___ and whose facilities

(Be specific)

and personnel include

(Describe in substantial detail minimum facilities and personnel required)

are invited to submit complete information to the procuring office listed above. Information furnished should include the total number of employees and professional qualifications of scientists, engineers, and technical personnel; a description of general and special facilities; an outline of previous projects; a statement regarding industrial security clearance, if previously granted; and other available descriptive literature. This is not a request for a proposal."

(8) Names of concerns to whom requests for proposals have been issued. Where the contracting officer determines in accordance with § 1-1.10034(a) that the names of concerns to whom requests for proposals have been issued should be included in the synopsis, such synopsis shall contain substantially the following statement:

Requests for proposals have been issued to the following concerns:

It is suggested that small business concerns or others interested in subcontracting opportunities in connection with this procurement make direct contact with the above firms.

(9) Architect-engineer services project notice. Each notice publicizing procurement of architectural and/or engineering services shall be headed "R. Architect-Engineer Services." The project shall be listed with a brief statement concerning its location, scope of service required, and, where applicable, the construction cost limitation, type of contract proposed and the estimated start and completion dates. Appropriate statements shall be made concerning any specialized qualifications, security classifications, and limitations on eligibility for consideration. Qualifications or performance data required from architectengineer firms shall be described. This data shall be followed by statements similar to the following: "Architect-engineer

20-126 0-747

firms which meet requirements described in this announcement are invited to submit a complete Standard Form 251, U.S. Government Architect-Engineer Questionnaire, and any supplemental data, to the procurement office shown below. Firms having a current Standard Form 251 already on file with this procurement office and those responding to this announcement before will

be considered for selection, subject to any limitations indicated with respect to size and geographic location of firm, specialized technical expertise or other requirements. No other general notification to firms under consideration for this project will be made, and no further action beyond submission of Standard Form 251 and photographs is required or encouraged. Following an initial evaluation of the qualifications and performance data described on the Standard Form 251, three or more firms considered to be the most highly qualified to provide the services required will be chosen for interview. This is not a request for a proposal. See also Numbered Note 63 on annual statements." The name of the responsible procurement office shall then be shown complete with the full address and telephone number. The numbered note will appear in each issue of the Commerce Business Daily as follows: "63. Procurement of architectural and/or engineering services shall be made by negotiation. Selection of architect-engineer firms for negotiation shall be based on demonstrated competence, qualifications necessary for the satisfactory performance of the type of professional services required and any other requirements set forth by the individual procurement agency. Firms desiring automatic consideration for all future projects administered by the procurement office (subject to specific requirements for individual projects) are encouraged to submit annually a statement of qualifications and performance data, utilizing Standard Form 251, U.S. Government Architect-Engineer Questionnaire."

[29 FR 10104, July 24, 1964, as amended at 30 FR 9592, July 31, 1965; 35 FR 3070, Feb. 17, 1970; 38 FR 33594, Dec. 6, 1973]

§ 1-1.1004 Synopses of contract awards.

Awards of all unclassified contracts to be performed in whole or in part within the United States, exceeding $25,000 in amount, shall be publicized in the Department of Commerce Synopsis