ment? Yes--- No Identify the contracts by commodity and total value. (1) Were delivery schedules met? If not, why? (2) What problems, if any, were encountered? (b) Has the prospective contractor previously completed contracts for other Government agencies? Yes―― No- (1) Were delivery schedules met? If not, why? (2) What problems, if any, were encountered? (c) Does the prospective contractor presently have Department contracts? Identify contracts by number, commodity, and value. (1) Is contract(s) on schedule? If not, why? (2) What problems are being encountered? (3) What percentage of current contracts are delinquent in performance? (4) Did the Government cause or contribute to the problems or were they within the control of the contractor? (d) Does the prospective contractor presently have contracts with other Government agencies? Identify by agency, number, commodity and value. (1) Is contract on schedule? If not, why? (2) What problems are being encountered? (3) What percentage of current contracts are delinquent in performance? (4) Did the Government cause or contribute to the problems or were they within the control of the contractor? (e) Has the prospective contractor required unusual and burdensome (to the Government) assistance (e.g., inspection, testing) on above contracts? (f) Does the prospective contractor have a satisfactory record of integrity, judgment, and performance? each heading will be based on the information developed with the guide in DOTPR 12-1.5603 and other relevant facts deemed pertinent by the representative responsible for performing the survey.) Organization: Financial: Experience: Technical qualifications: (a) Engineering competence. (b) Quality and reliability assurance. Facilities: (a) Land, buildings, and production and test equipment. (b) Production capacity. (c) Transportation. (d) Power and fuel. (e) Government property. (f) Security. Skills: Prospective Contractor's Record of Integrity, Judgment, Performance and Ability to Comply With Time of Delivery or Performance Schedule: Conclusion: This conclusion must specifically state the standards which the prospective contractor does meet, and the standards which the prospective contractor does not meet. As an example of a prospective contractor who meets all standards, the conclusion should be written similar to the following: "Based on the facts developed during this on-site evaluation, it is concluded that (prospective contractor) has the necessary organization, experience, technical qualifications, skills, facilities, satisfactory record of integrity, judgment and performance, and has the ability to comply with the required delivery (or performance) schedule." Signature: EVALUATION OF BIDS FOR MULTIPLE AWARDS In addition to other factors, bids will be evaluated on the basis of advantages or disadvantages to the Government that might result from making more than one award (multiple awards). For the purpose of making this evaluation, it will be assumed that the amount of $100 would be the administrative cost to the Government for issuing and administering each contract awarded under this invitation, and individual awards will be for the items and combinations of items which result in the lowest aggregate price to the Government, including such administrative costs. § 12-2.202-1 Bidding time. The minimum bidding times set forth in FPR 1-2.202-1 and 1-1.3074(a) should not be construed to be maximum or automatic bidding times. The bidding time permitted under each procurement should reflect the considered judgment of the contracting officer taking into account all of the facts surrounding the procurement, and recognizing that doubts should be resolved in favor of a longer rather than a shorter bidding time. If the bidding time for any procurement is reduced below the minimum, the reduction shall be fully justified and documented in the contract file by the contracting officer. § 12-2.202-2 Telegraphic bids. When telegraphic bids are authorized, include the following provision in the Schedule of the invitation: TELEGRAPHIC BIDS Telegraphic bids may be submitted in response to this invitation for bids. Telegraphic bids must be received in this office prior to the time specified for opening of bids. Such bids must specifically refer to this invitation for bids, include the item or sub-items, quantities and unit prices for which the bid is submitted and the time and place of delivery; and contain all the representations and other information required by the invitation for bids together with a statement that the bidder agrees to all the terms, conditions and provisions of the invitation. Failure to furnish, in the telegraphic bid, the representations and information required by the invitation for bids may necessitate rejection of the bid. Signed copies of the invitation for bids must be furnished in confirmation of the telegraphic bids. § 12-2.202-5 Descriptive literature. (a) Descriptive literature shall not be required of the bidder unless all requirements of FPR 1-2.202-5 and this § 12-2.202-5 have been met. (b) The justification required by FPR 1-2.202-5(c) must state, in sufficient detail, the reasons why acceptable products cannot be procured without the submission of descriptive literature. A justification that states little more than the conclusion that descriptive literature is required is not acceptable. Bidders shall not, except in the most unusual circumstances which can be clearly justified, be required to furnish descriptive literature when the specifications are stated in such detail that they leave nothing for the bidder to describe. (c) Among other things, FPR 12.202-5(d) requires * the invitation for bids shall clearly state what descriptive literature is to be furnished, the purpose for which it is required, the extent to which it will be considered in the evaluation of bids, and the rules which will apply if a bidder fails to furnish it before bid The asterisked note in FPR 1-2.202-5(d)(1) lists categories of general subjects which may be appropriate for inclusion in the Requirement for Descriptive Literature clause. A mere repetition of these subjects in the clause is not sufficient to establish a common basis for evaluation of bids. opening (d) An invitation for bids must contain sufficient particularity to put bidders on notice (1) as to why the descriptive data is necessary, and (2) as to how much detail the bidder must furnish in his descriptive data for his bid to be considered responsive. § 12-2.203-1 Mailing or delivery to prospective bidders. (a) Copies of invitations may be furnished for informational purposes to nongovernmental organizations such as trade associations and bidding informational services, provided they lend some assistance in advertising the requirements. The extent to which supporting papers (drawings, specifications and general provisions) are furnished will depend on how the organizations intend to use the material. If they merely prepare a synopsis of bid solicitations for distribution to their members or subscribers, the invitation itself should suffice. If, however, they provide a reading room service (such as various trade associations do for construction projects), a complete set of all papers should be furnished without cost. (b) In connection with invitations for construction, where the cost of reproduction and distribution of plans or drawings is a substantial cost item, the extent of distribution of bidding papers may be controlled by charging prospective contractors and subcon tractors a flat, nonrefundable deposit fee. This method is preferred over the use of a refundable deposit system. When the plan fee method is used, arrangements should be made for plans and other bidding papers to be readily available for free inspection at the originating procurement office and other appropriate procurement offices, trade association reading rooms, and similar locations. The nonrefundable plan fee should be $5, $10, or $15 per set, or more as may be appropri ate. The value of the project and the cost of reproduction and distribution of the plan should be considered in determining the fee to be charged. No additional charge should be made for plans which are revised or added after the invitation is issued, or for additional plans required by the successful bidder. Plan fees collected are for deposit in the "Miscellaneous Receipts" account. § 12-2.203-3 Publicity in newspapers and trade journals. (a) Section 3703 of title 44 of the United States Code provides that "All advertisements, notices, proposals for contracts, and all forms of advertising required by law for the several departments of the Government may be paid for at a price not to exceed the commercial rates charged to private individuals, with the usual discounts." Section 3701 of the same title prohibits advertising in any newspaper published and printed in the District of Columbia unless the supplies or labor to be secured are to be furnished or performed in the District of Columbia or in the adjoining counties in Maryland and Virginia. (b) The head of the agency may authorize the publication of advertisements, notices, or proposals relating to the procurement and disposal of real and personal property and services. This authority may be delegated, but without power to further delegate, to subordinate officials. (c) Standard Forms 1143 and 1143a shall be used to place orders for paid advertising. § 12-2.205-5 Release of bidders mailing lists. When it is necessary to dispatch identical information by means of electrical transmission to prospective bidders or offerors, the electrically transmitted message, when released for communications handling, shall be marked "Book Message-Transmit a Single Address Message" to preclude prospective bidders or offerors from knowing the names of others solicited. Subpart 12-2.4—Opening of Bids and Award of Contract § 12-2.402-50 Classified bids. The opening of classified bids shall not be accessible to the general public. Such opening may be witnessed and the results recorded by those bidder representatives who have been previously cleared from a security standpoint and who represent bidders which were invited to bid on the procurement. Bids shall be made available only to those persons authorized to attend the opening of bids. The procedures set forth in FPR 1-2.402 for safeguarding unclassified bids are also applicable to classified bids. Classified bids shall be stored in GSA-approved security containers. No public record shall be made of bids or bid prices received on classified invitations for bids. § 12-2.407-8 Protests against award. When a protest is received after award of contract, the contracting officer shall obtain the views and advice of legal counsel and the head of the procuring activity. § 12-2.408 Information to bidders. Unsuccessful bidders shall be given a written notification of award. It shall contain the name of the successful contractor(s), and the unit price(s) or the total amount of the contract, whichever is appropriate. However, when numerous unit prices apply, thereby creating an extensive workload in furnishing this information, or where the total amount of the contract would not be meaningful, price information may be omitted. In the latter instance, the location where the abstract of bids is available for inspection shall be stated. Subpart 12-2.5—Two-Step Formal Advertising § 12-2.503-1 Step one. Although the Government's delivery or performance requirements are not evaluation factors under Step One, information about those requirements may be of assistance to potential bidders in determining whether or not to submit a technical proposal. Accordingly, a request for technical proposals may contain a statement indicating what the Government's probable contract delivery or performance requirements will be. The statement shall also advise that such information is not binding on the Government and that the Government's actual delivery or performance requirements will be contained in the invitation for bid issued under Step Two. § 12-2.503-50 Determination of size status. Where a two-step procurement is set aside for small business firms, the controlling point in time for determining the size status of a concern is, as prescribed in FPR 1.1.703-1(b), the date of award of contract. The fact that the size status of an offeror submitting a proposal in good faith changed from a "small" to a "large" business during the interval between Step One and Step Two is not sufficient to justify an exception to the rule that size status is for determination at time of award. PART 12-3-PROCUREMENT BY NEGOTIATION Subpart 12-3.2—Circumstances Permitting Negotiation Sec. 12-3.200 Scope of subpart. 12-3.201 National emergency. 12-3.202 Public exigency. 12-3.203 Purchases not in excess of $10,000. 12-3.204 Personal and professional services. 12-3.205 Services of educational institutions. |