(a) Procuring activities shall prepare and forward single copies of synopses of contract awards daily 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. (b) Each synopsis message shall be prepared as described below: (1) Spacing shall be as stated in § 1-1.1003-7(b) (1). (2) The contracting office and address will be shown as described in § 11.1003-7(b) (3). (3) The appropriate classification code (see § 1-1.1005) for each contract award shall begin five spaces from the left margin and be followed by two hyphens and the common name of the supplies or services. If a contract covers more than one class of supplies or services, enter the code for the class which accounts for the largest dollar amount. Immediately following the common name, using full lines across the page, enter the contract number, the number of the invitation for bids or request for proposals (in parenthesis), the quantity, unit, and dollar amount for each item, and the name and address of the contractor. The quantity, unit, and dollar amount for individual items of $25,000 or less in a single award need not be shown. In lieu thereof, a statement, such as "various items" or "20 items" or "items 3, 5, 6, 7, 9, 16, 20, and 23", followed by the total dollar amount of the award for such items, may be used. (4) When requested by the prime contractor, a statement will be included regarding the industries, crafts, processes, or component items in or for which subcontracts are available and subcontractors are desired, together with the general area, if any, indicated by the prime contractor, such as Southeast States, West Coast, New England. [29 F.R. 10104, July 24, 1964, as amended at 35 F.R. 3070, Feb. 17, 1970] The classification codes to be shown in synopses messages, as required by § 11.1003-7(b) (4) for proposed procurements and § 1-1.1004-1(b) (3) for contract awards, shall be in accordance with this 1-1.1005. Services (including construction and experimental, developmental, test, and research work) shall be coded with the applicable letter code set forth in § 1-1.1005-1. Supplies shall be coded with the applicable two-digit numerical code set forth in § 1-1.1005-2. § 1-1.1005-1 Codes for services. The code letters to be used for services are as follows: Equipment. Examples: Lease of ADP or EAM equipment. Y Construction (includes construction, alteration, and repair of buildings, structures, and other improvements to real property, including roads, bridges, tunnels, sewers, power lines, railways, docks, levees, and canals). Z Miscellaneous (includes services which do not fall within any of the above). § 1-1.1005-2 Codes for supplies. The two-digit code numbers to be used for supplies are as set forth below. The numbers and descriptions used are the same as the 76 assigned commodity groups of the Federal Supply Classification system as shown in the Cataloging Handbook, H 2-1, Federal Supply Classification, Part 1, Groups and Classes. This handbook, together with Cataloging Handbooks H 2-2 (Numeric Index of Classes) and H 2-3 (Alphabetic Index), will be helpful in determining the proper code to be assigned to supply items in synopses messages. These handbooks may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. Code 10 Weapons. Description of Supplies Nuclear Ordnance. 11 14 Guided Missiles. Office Machines and Data Processing Equipment. 15 Aircraft; and Airframe Structural Components. Office Supplies and Devices. 16 Aircraft Components and Accessories. 77 17 Aircraft Launching, Landing, and Ground Handling Equipment. 18 Space Vehicles. 19 Ships, Small Craft, Pontoons, and Flost ing Docks. 20 Ship and Marine Equipment. Books, Maps, and Other Publications. 78 Recreational and Athletic Equipment. 80 Brushes, Paints, Sealers, and Adhesives. Containers, Packaging, and Packing Supplies. Textiles, Leather, and Furs. Clothing and Individual Equipment. Agricultural Supplies. Live Animals. Subsistence. Fuels, Lubricants, Oils, and Waxes. Nonmetallic Fabricated Materials. Nonmetallic Crude Materials. 22 Railway Equipment. 24 23 Motor Vehicles, Trailers, and Cycles. Tractors. 84 25 Vehicular Equipment Components. 26 Tires and Tubes. 87 28 Engines, Turbines, and Components. 29 Engine Accessories. § 1-1.1006 Advance planning procurement information. [35 F.R. 3070, Feb. 17, 1970] § 1-1.1006-1 General. An agency may have unclassified long-range estimates of requirements for items or materials which are expected ultimately to be procured in large quantity. It may be desirable for such agency to provide information to industry substantially in advance of institution of buying procedures. [35 F.R. 3070, Feb. 17, 1970] § 1-1.1006-2 Application. Public release of long-range procurement estimates may be made by an agency head or his designee if he determines that the: (a) Information to be released will assist industry in its planning and facilitate meeting the procurement requirements; and (b) Announcement will not adversely affect procurement by encouraging undesirable practices, such as attempts to corner the market or hoard industrial materials. [35 F.R. 3070, Feb. 17, 1970] § 1-1.1006-3 Conditions. The conditions set forth below shall be adhered to in the preparation and issuance of long-range procurement estimates. (a) The agency head or his designee shall be responsible for the determination of the need for, and the preparation of, the proposed announcement. (b) Only unclassified shall be released. information (c) The information shall be: (1) Released as nearly simultaneously as possible; and (2) Publicized as widely as practicable, consistent with the needs of the individual case, by any or all of the following means: Dissemination to prospective bidders on the purhcasing office's bidders lists, posting in public places, and other appropriate means. (d) Each release shall state that the estimate is based on the best information available at the time of publication, the information is subject to modification, is in no way binding on the Govern ment, and that more specific information relating to any individual item or class of items will not be furnished until the proposed procurement is publicized in the Synopsis (see § 1-1.1003), or the solicitation issued. (e) Each release shall contain the name and address of the purchasing office which will process the procurement. (f) Modifications to the original release shall be publicized as expeditiously as possible, in the same manner as the original. (g) Each proposed release shall be coordinated with small business, public information, and public relations personnel, as appropriate. (h) Each release shall contain, if applicable, a statement to the effect that small business or labor surplus area set-asides may be involved in some of the procurements, and that the determination of the applicability of these factors can be made only at the time that procurement action is initiated. (1) Each release shall contain the name or description of the item, and the estimated quantity to be purchased by calendar quarter, fiscal year, or other period. It may also contain such additional information as the number of units last purchased, the unit price, and the name of the last supplier. [35 F.R. 3070, Feb. 17, 1970] § 1-1.1006-4 Commerce Business Daily announcements. (a) General. In addition to the publication of estimates as provided in § 1–1.1006–3, further publication, where consistent with the needs of the individual case, shall be accomplished by announcements in the Synopsis reflecting the fact that long-range procurement estimates have been published and are obtainable, on request, from the issuing organization. (b) Preparation and transmittal. Activities publishing long-range procurement estimates shall, in accordance with § 1-1.1006-4(a), publicize them in the Synopsis by forwarding to the address listed in § 1-1.003-7(a)(2), an announcement reflecting the fact that a long-range procurement estimate has been published and citing the address of the office from which a copy of the estimate can be obtained. Each announcement should identify the commodity and buying office concerned, designate the presumptive date of buying, and state that the estimates are subject to review and are in no way binding on the Government. [35 F.R. 3071, Feb. 17, 1970; 35 F.R. 3284, Feb. 21, 1970] § 1-1.1007 Agency responsibility for conformance with synopsizing program. Each agency shall be responsible for full compliance with the synopsizing procedures of this Subpart 1-1.10. Periodic verification should be made by a central authority within the agency to ensure that procuring activities are forwarding all required synopses in a complete, timely, and uniform manner to the Commerce Business Daily. Full cooperation should be extended to Department of Commerce personnel with respect to such monitoring and review of agency synopsizing operations as the Commerce Business Daily staff may undertake. [35 F.R. 3071, Feb. 17, 1970] Subpart 1-1.11-Qualified Products § 1-1.1101 Procurement of qualified products. (a) Whenever qualified products are to be procured only bids or proposals offering products which have been qualified prior to the opening of advertised bids or the award of negotiated contracts shall be considered in making an award. Manufacturers having products which have been qualified but which are not yet included on the qualified products list involved, should be given consideration and an opportunity to offer evidence of such qualification in the time interval before award must be made. (Other instructions concerning establishment of qualified products lists, qualification of products, etc., are contained in General Services Administration Regulation 1-VI, Part 2.) (b) Whenever procurement of qualifled products is to be made by formal advertising, the following provision shall be inserted in invitations for bids: QUALIFIED PRODUCTS With respect to products described in this Invitation as requiring qualification, awards will be made only for such products as have, prior to the time set for opening of bids, been tested and approved for inclusion in the qualified products list identified below. Manufacturers who wish to have a product tested for qualification are urged to communicate with the officer designated below. Manufacturers having products not yet listed, but which have been qualified, are requested to submit evidence of such qualification with their bids, so that they may be given consideration. [Identify the Qualified Products List involved and give the name and address of the office with which manufacturers should communicate.] (c) The provision in § 1-1.1101(b) shall be appropriately modified and used in requests for proposals when procurement of qualified products is to be made by negotiation. Subpart 1-1.12-Responsible Prospective Contractors SOURCE: The provisions of this Subpart 1-1.12 appear at 36 F.R. 17419, Aug. 31, 1971, unless otherwise noted. § 1-1.1200 Scope of subpart. This subpart prescribes policies concerning the responsibility of prospective contractors, minimum standards for responsible prospective contractors, requirements and procedures for the determination of responsibility, and policies regarding the determination of subcontractor responsibility. (a) This subpart applies to all formally advertised or negotiated procurements made by executive agencies from contractors located in the United States, its possessions, or the Commonwealth of Puerto Rico. In addition, it applies to such procurements from contractors in other places, except where inconsistent with the laws and customs of the place where the prospective contractor is 10cated. The subpart also applies to the procurement of automatic data processing equipment and related supplies and equipment by Federal agencies in the judicial and legislative branches, other than the Senate, the House of Representatives, and the Architect of the Capitol, as well as to the procurement of such equipment by executive agencies. (b) This subpart does not apply to procurements from (1) other governments, including State and local governments or their instrumentalities, (2) other U.S. Government agencies or their instrumentalities (e.g., the Federal Prison Industries, Inc.), or (3) the National Industries for the Blind. § 1-1.1202 General policy. (a) Purchases shall be made only from, and contracts shall be awarded only to, responsible prospective contractors (see 41 U.S.C. 253(b) and 10 U.S.C. 2305(c)). A responsible prospective contractor is one who meets the standards set forth in §§ 1-1.1203-1 and 1-1.1203-2 and such special standards as may be prescribed in accordance with § 1-1.1203-3. (b) The award of a contract to an offeror solely on the basis of the lowest evaluated price is a disservice to the Government if subsequently the contractor defaults, is late in his deliveries, or otherwise performs unsatisfactorily, with the result that the Government incurs additional procurement or administrative costs, and acceptable supplies or services may not be furnished within the time required. Such awards are also unfair to other offerors who are capable of satisfactory performance and tend to discourage them from submitting bids proposals on future procurements. or re (d) A determination of nonresponsibility shall be made by the contracting officer if, after compliance with §§ 11.1205 and 1-1.1206, the information obtained does not indicate clearly that the prospective contractor is responsible. Recent unsatisfactory performance garding either quality or timeliness of delivery, whether or not default proceedings were instituted, is an example of a problem which the contracting officer must consider and resolve as to its impact on the current procurement prior to making an affirmative determination of responsibility. Where a contracting officer has doubts regarding the productive capacity or financial strength of a prospective contractor which cannot be resolved affirmatively, the contracting officer shall determine that the prospective contractor is nonresponsible. (See § 1-1.708 if a small business concern is involved.) (a) Have adequate financial resources, or the ability to obtain such resources as required during performance of the contract: (b) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing business commitments, commercial as well as governmental; (c) Have a satisfactory record of performance. Contractors who are or have been seriously deficient in current or recent contract performance, when the number of contracts and the extent of deficiency of each are considered, in the absence of evidence to the contrary or circumstances properly beyond the control of the contractor, shall be presumed to be unable to meet this requirement. Past unsatisfactory performance will ordinarily be sufficient to justify a finding of nonresponsibility (see § 1-1.708 if a small business concern is involved); (d) Have a satisfactory record of integrity and business ethics (see § 11.708-2 if a small business concern is involved); and (e) Be otherwise qualified and eligible to receive an award under applicable laws and regulations, e.g., see Subparts 1-12.6 and 1-12.8. § 1-1.1203-2 Additional standards. (a) In addition to the standards in § 1-1.1203-1, where procurements involve production, maintenance, construction (see § 1-18.106), or research and development work (and in other procurements as appropriate), a prospective contractor must: (1) Have the necessary organization, experience, operational controls, and technical skills, or the ability to obtain them. This standard includes, where appropriate, such elements as adequacy of production control procedures and quality assurance measures, including those applicable to materials produced or services performed by subcontractors (see § 1-1.1203-4); and (2) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them. Where a prospective contractor proposes to use the facilities or equipment of another concern, not a subcontractor, or of his affiliate (see § 11.701-2), all existing business arrangements, firm or contingent, for the use of such facilities or equipment shall be considered in determining the ability of the |