clude the names of recommending, concurring and approving officials (including the Regional Counsel) which appear on these documents.

(3) If time does not permit use of either method in paragraph (d) (1) or (2) of this section, request emergency processing and furnish the data listed in paragraph (d)(2) of this section, by telephone to the chief of the cognizant POD commodity section or the Director, ADP-PD. Copies of the documents listed in paragraph (d)(2) of this section, shall be forwarded promptly to the cognizant official in FSS for review.

(e) The Director, POD or ADP-PD shall establish appropriate controls to assure the expeditious handling of cases which are submitted in accordance with this section.

(f) Notice of approval: The Director, POD or ADP-PD shall notify the submitting region of the approval or other required action when cases have been submitted to the Central Office in accordance with this section. Such notification shall be by teletype (or telephone, confirmed in writing) whenever expiration dates for acceptance of offers or other circumstances require such action.

[35 FR 13438, Aug. 22, 1970]

§ 5A-2.407-87 Labor Area Classifications. (a) Labor Area Classifications and Labor Area Classification Codes are used in procurement documents and for the resolution of equal low bids.

(b) Publications used in determining labor area classifications:

(1) Directory of Post Office-issued by the U.S. Postal Service.

(2) Directory of Important Labor Areas-issued by the Department of Labor.

(3) Area Trends in Employment and Unemployment (Area Trends)-issued monthly by the Department of Labor. (Procurements activities shall be responsible for obtaining and maintaining current editions of the above publications.)

(c) Determination procedure.

(1) Determine the county in which the city (point of production) is located. If not indicated in the offer, refer to the Directory of Post Offices.

(2) Determine the labor area by referring to the Index to Counties, Part 2 of the Directory of Important Labor Areas. In those instances when the Index to Counties indicates (Part), refer to Boundaries of Labor Areas, Part I, of the Directory of Important Labor Areas to determine the labor area for the specific geographical locaticn.

(3) Determine if the labor area is listed in the "Area Trends" under the caption "Areas of Substantial or Persistent Unemployment." If not, refer to the section entitled "Section of Concentrated Unemployment or Underemployment" for the city or county instead of the labor area. NOTE: In this section the word (Part) is used to indicate cities or counties where only part of the geographical location is classified. Those so identified should be coded "CUE." Specific boundaries of parts of cities or counties (if required for resolution of equal low bids, see FPR 1-2.407-6)-may be obtained from the State Employment Security Agencies in accordance with the instructions in this section of the "Area Trends."

(4) In the event no listing of the labor area or specific city or county is found, the appropriate code is "NLS." In those instances where the labor area is listed under "Areas of Substantial or Persistent Unemployment" and the specific city and county is also shown under "Section of Concentrated Unemployment or Underemployment," the classification code "SLS" or "PLS" as indicated should be used. [39 FR 25324, July 10, 1974]

§ 5A-2.407-88 [Reserved]

§ 5A-2.408 Information to bidders.

(a) When considering whether to provide notice to other unsuccessful bidders (see § 1-2.408(a)(3), contracting officer shall consider the following factors:

(1) Size of the particular procurement;

(2) Number of items and the complexity of the invitation;

(3) Number of bids received;

(4) Necessity for bidders to make arrangements for securing necessary ma

terials, financing, bonding, and other commitments;

(5) Whether procurement of the particular commodity would have any significant impact upon other bidders; and

(6) Availability of the information in Business Service Centers, the Department of Commerce Synopsis, and from any other sources which may be available to anyone having an interest in such information.

(b) Normally, written inquiries received from bidders or prospective bidders and all inquiries from other sources, whether oral or written, requesting information concerning the status of any bid or invitation for bids, including those not yet publicly opened and those already opened, and those for which abstracts have been prepared, shall be directed to the appropriate Business Service Center for reply.

[39 FR 40294, Nov. 15, 1974]

§ 5A-2.408-71 Restriction on disclosure of inspection or test data.

(a) No inspection or test data generated in the process of bid evaluation shall be disclosed to any person except as provided in this subsection. This includes information obtained from inspection or test reports whether prepared by Government inspection personnel or an outside inspection or testing agency utilized by the Government.

(b) Prior to award, no such information regarding inspection or test data shall be disclosed to any bidder or individual except Government officials or employees required to have access to such information in connection with bid evaluation and determination of award.

(c) In the notification regarding the rejection of a bid, the contracting officer shall (1) inform the bidder concerning the results of tests on the products offered and (2) furnish such information to others in accordance with 41 CFR Part 105-60.

[37 FR 8875, May 2, 1972]

§ 5A-2.409 Synopses of contract awards. Awards of advertised contracts shall be reported to the Department of

§ 5A-3.102 Factors to be considered in negotiated contracts.

(a) Offers from firms on debarred lists. Offers received from firms or individuals listed on the GSA Debarred Bidders List shall be handled in accordance with Subpart 5A-1.6.

(b) Contingent fees. The provisions of Subparts 1-1.5 and 5A-1.5 concerning contingent fees are applicable.

(c) Nonacceptance of low offer. The provisions of § 5A-2.404-2 are applicable where the contracting officer determines to make award to other than the low offeror. The terms "bidder" and "rejection" shall be understood to mean "offeror” and “nonacceptance" respectively when used with negotiated competitive contracts.

[41 FR 27038, July 1, 1976]

§ 5A-3.103 Dissemination of procurement information.

(a) During the preaward period, no information contained in any proposal or quotation or information regarding

the number or identity of the offerors shall be made available to the public or to anyone within the Government not having a legitimate interest therein.

and

(b) Proposed procurements awards of negotiated contracts shall be reported to the Commerce Business Daily in accordance with §§ 1-1.1003 and 1-1.1004. The provisions of § 5A2.407-84 regarding notification of proposed substantial awards and awards involving congressional interest also apply to negotiated procurements.

(c) The provisions of § 5A-1.350 shall apply when issuing advance notices of award for all negotiated contracts.

(d) Within 1 workday after negotiated contracts are awarded on the basis of initial offers received; i.e., no discussions or negotiations were conducted with offerors, a tabulation sheet shall be prepared and a legible copy shall be furnished promptly to the local Business Service Center where it will be made available for public examination. Such tabulation sheets shall show the applicable solicitation number and may be typed or handwritten. Entries shall include the names of offerors and the prices offered, including any discounts, to the Government. The successful offeror and the total dollar amount of the award shall be indicated.

(e) For negotiated contracts which involve negotiations and discussions with offerors before award, only the names of successful offerors and the prices, including discounts, at which awards were made shall be publicly disclosed (§§ 1-3.103 and 5A-3.103(b)). If requests in writing are received after award for the final offers of unsuccessful offerors, information as to the identity and the final prices, including discounts, of such unsuccessful offerors shall be released by the contracting officer along with any other information as may be properly released in accordance with the Freedom of Information Act pursuant to procedures in GSA Order, GSA Regulations Pursuant to "Freedom of Information Act" (ADM 7900.3).

(f) The provisions of § 5A-2.407-1(c) regarding the avoidance of creating false impressions in the eyes of prospective contractors about forthcoming

awards also apply to negotiated procurements.

[43 FR 23576, May 31, 1978]

§ 5A-3.150 Financial terms and conditions.

In the development of financial terms and conditions for solicitations of proposals and resultant contracts including insurance provisions, procuring activities shall use the technical advice and assistance of appropriate finance offices (see Parts 5A-30 and 5A10).

[41 FR 27039, July 1, 1976]

Subpart 5A-3.2-Circumstances Permitting Negotiation

§ 5A-3.201 National emergency. Procedures for placing contracts in areas of substantial labor surplus appear in Subpart 5A-1.8 and 1-1.8.

§ 5A-3.202 Public exigency.

(a) Use of public exigency authority to negotiate on behalf of other agencies shall be limited to those cases where the requisitioning agencies have furnished statements adequate to justify negotiation on this basis. Delivery dates shown on a requisition will not, in themselves, justify use of the exigency authority.

(b) Military purchase requests citing an issue priority designator assigned in accordance with DoD Uniform Materiel Movement and Issue Priority System (UMMIPS) as prescribed by DoD Directive 4410.6, and civilian agency purchase requests citing a priority designator 03 or 06, prescribed by the FEDSTRIP Operating Guide, ch. 2-15, may justify negotiation under this or other negotiation authority, but in such cases the specific circumstances must be set forth in the findings and determination to be made by the contracting officer. These issue priority designators are to be generated and provided only by the requisitioning activity to be requestor and cannot be generated by anyone else for the purpose of conforming or upgrading the priority designator to a requested delivery date.

(c) Special procedures for use of the public exigency circumstance when contracting for replenishment of stock items are in § 5A-72.106.

[41 FR 27039, July 1, 1976, as amended at 43 FR 51397, Nov. 3, 1978; 45 FR 17582, Mar. 19, 1980]

§ 5A-3.203 Purchases not in excess of $10,000.

When determining whether the amount in a transaction does not exceed $10,000, the full purchase price is the controlling factor. Any prompt payment discount or trade-in value of an article to be offered in exchange is not to be deducted when making this determination.

[43 FR 51397, Nov. 3, 1978]

§ 5A-3.210 Impracticable to secure competition by formal advertising.

This authority shall not be used where negotiation is authorized under §§ 1-3.211, 1-3.212, 1-3.213, or 1-3.214. [41 FR 27039, July 1, 1976]

§ 5A-3.270 Negotiation after termination for default.

Contracting officers are authorized to use negotiation where purchase is required as the result of the termination of a previous contract for default of the contractor pursuant to instructions set forth in §§ 1-8.602-6 and 5A8.602-6. Such purchases should not be made by negotiation, however, where the supplies may be obtained readily, within sufficient time, by formal advertising. As in the case of any other purchase, adequate competition should be of sought irrespective whether negotiation or advertising is used. Every contract that is negotiated as a result of the termination of a previous contract for the default of the contractor shall be accompanied by a signed statement of the contracting officer justifying the use of negotiation and making appropriate reference to the fact that the purchase was the result of a termination of a previous contract for default.

[37 FR 141, Jan. 6, 1972]

Subpart 5A-3.3-Determinations,
Findings, and Authorities

§ 5A-3.301 Determinations and findings required.

The determination required by section 305(c) of the Federal Property and Administrative Services Act that an advance payment is in the public interest or in the interest of the national defense and is necessary and appropriate in order to procure required supplies or services under the contract must be supported by a written finding.

§ 5A-3.302 Form and requirements of determinations and findings; preservation of data.

(a) Format. An outline format for presenting such findings and determinations is shown in § 5A-76.301. The form of determinations and findings required by § 5A-3.301 shall be such as is appropriate and adequate under the circumstances.

(b) Statement regarding negotiation after default. Use of negotiation under the authority of § 5A-3.270 requires a signed statement of the contracting officer justifying such use. A copy of the statement shall be filed with the General Accounting Office copy of the contract.

(a) General. Except as specified in paragraph (b), of this section, the fixed fee shall not exceed 10 percent of the estimated cost of the contract, exclusive of the fee, as determined by the appropriate Commissioner of the service conducting the procurement at the time of entering into a cost-plusfixed-fee contract.

(b) Experimental, developmental, or research work. The fixed fee shall not exceed 15 percent of the estimated cost of the contract, exclusive of the fee, as determined by the appropriate Commissioner of the procuring service at the time of entering into a costplus-a-fixed-fee contract for experimental, developmental, or research work.

[41 FR 27039, July 1, 1976]

This

(1) Standard Form 18, Request for Quotations. (See § 1-16.201.) form shall be used for requesting written quotations unless it is considered advantageous to obtain a firm offer which, upon acceptance by the Government, results in a bilateral contract.

(2) GSA Form 2097, Offer and Acceptance-Small Purchase. GSA Form 2097, Offer and Acceptance—Small Purchase (illustrated in § 5A-16.9502097), may be used when firm offers are to be solicited.

(i) Buyers shall complete the Request for Offer part of GSA Form 2097. If additional space is needed, Standard Form 36, Continuation Sheet, shall be used. The form shall then be furnished to prospective suppliers.

(ii) Upon receipt of offers, the purchase will be completed by executing the Acceptance portion of GSA Form 2097 and returning to the offeror one manually signed copy of the completed form. Additional copies shall be reproduced and distributed in accordance with § 5A-76.201.