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8 19–2.205-5 Release of bidders mailing tations for bids by the Contracting Oficer Lists.

or his designee. Bid openings shall be (a) (Reserved)

opened to business representatives, mem(b) Except as provided in § 1-2.205-5 bers of the press, and the general public (b) of this title, the list of prospective and a record made of their attendance bidders, to whom invitations for bids The names of bidders or their represenwere sent, shall not be released outside

tatives in attendance shall be recorded in the Agency and shall not be made avail

the appropriate column of the Abstract able for inspection to individuals, firms,

of Bids. or trade organizations. Lists may, how

(b) The information required to be ever, be made available to other Government agencies.

abstracted on Agency Form IA-22, Ab

stract of Bids, shall be read aloud by the Subpart 19-2.3 Submission of Bids

official in charge of the bid opening. $ 19-2.304 Modification or withdrawal Duplicate copies of bids shall be made of bids,

available for public examination until (a) Bld modifications received prior to

the Abstract of Bids is completed and time of opening shall be processed in the

made available in lieu thereof. Bids same manner as bids and shall be at

submitted in an original only shall be tached to the bid envelope.

made available for examination in ac(b) The receipt required for with

cordance with § 1-2.402(c) of this title. drawal of a bid (see § 1-2.304 of this

(c) The official in charge of a bid title) shall read as follows:

opening shall not discuss the relative

merits of bids or issue any statements I certity that I am a bona fide, fully authorized agent, o oficial, o employee,

relative to award or mistakes in bids. representative of...

Answers to protests of bidders and in

quiries regarding award shall be deferred whose bid on IFB No.

until after the completion of the bid is scheduled for opening on

--. I hereby

opening and evaluations by the Conwithdraw that bid from consideration.

tracting Officer. (Name)

§ 19–2.403 Recording of bids.

(a) Agency Form IA-22, Abstract of (Date) I hereby acknowledge return of the above

Bids, shall be used to record bids at the mentioned bid.

time and place of bid opening. Upon

completion of the tabulation, normally (Name)

within 24 hours, the bid opening officer

shall certify on the abstract that he (Dato)

opened and read all bids received and Subpart 19–2.4-Opening of Bids

verified all entries made therein. Late

bids determined to be eligible shall be 8 19–2.401 Receipt and safeguarding of included on the abstract. bids.

(b) Immediately upon mailing notices (a) All bid envelopes or modifications

of awards, a copy of the abstract indithereto shall be date stamped immedi

cating the successful bidderis) shall be ately upon receipt and then promptly delivered to the Contract Review and delivered unopened to the issuing office. Procedures Staff for placement in the Bids received by the issuing office from Abstract of Bid register where it shall be the mall room shall be recorded on the available for examination by the public. applicable mailing list and kept in a The original abstract with all related locked cabinet until the time for public correspondence shall be placed in the opening of bids. Bids delivered by mes-. oficial contract file. senger shall be marked by the recipient (C) The invitation mailing list shall with the date and time of receipt.

upon award, be coded to indicate action

to be taken with respect to the master $ 19–2.402 Opening of bids.

Bidders Mailing List. The original shall (a) Publio bid openings shall be held be placed in the official contract file and at the time and place announced in invi- the duplicate delivered to the Contract Review and Procedures Staff. Lists responsive, whereas those which are not ahall be coded as follows:

qualified or do not deviate from the

Ooda specifications may be considered for Roceved award..


award. Submitted a bid...

B Submitted a late bid (returned).

L 8 19–2.407–7 Statement and certificato Failed to respond.---


of award. Falled to bid, retain.

---------. XR Now, place on Ust.....

When an award is to be made to other N

than the low bidder, the names of all low In the event of a split award, all success- bidders and the amounts of their bids ful bidders shall be coded "A."

shall be listed on the Statement and 8 19–2.406 Mistakes in bids.

Certificate of Award, Standard Form

1036. The Contracting Officer also shall 8 19–2.406–3 Other mistakes disclosed

state, on the Standard Form 1036, the before award.

reason for rejection of each lower bid (a) The Chief, Contract and Procure- and acceptance of the higher offer. ment Division, is the designated author

8 19–2.407-8 ity to make administrative determina

Protests against award. tions regarding withdrawal or correction

(a) In the event that a protest against of bids.

the making of an award has been lodged (b) Evidence in support of an alleged

directly with the Comptroller General, a mistake, together with the data set forth

determination to make an award purin § 1-2.406-3(d) (3) of this title, will be

suant to § 1-2.407-8(b) (3) of this title referred to the Chief, Contract and Pro- by the Contracting Officer will be made curement Division, for a determination. only upon receipt of written approval of

the Chief, Contract and Procurement 8 19–2.4064 Disclosure of mistakes

Division. after award.

(b) When & protest is received after (a) The Chief, Contract and Procure- award of a contract, the Contracting ment Division, is the designated author- Oficer will prepare a statement with reity to make administrative determina- spect to all the pertinent facts in the tions with respect to mistakes disclosed case and prepare a reply to the protest. efter award.

The reply will be submitted for the con(b) Whenever a mistake is alleged or currence of the Chief, Contract and Prodisclosed after award and the Contract- curement Division, and the Office of the ing Officer proposes the contract be re- General Counsel. scinded or reformed, he shall furnish the Chief, Contract and Procurement Divi

PART 19-3-PROCUREMENT BY sión, with the Contractor's statement, evidence, and the data set forth in § 1

NEGOTIATION 2.406-4(f) (2) of this title, upon which Subpart 19-3.1-Use of Negotiation to base a determination.

Sec. & 19–2.407 Award.

19-3.150 Selection of sources. 8 19–2.407–3 Discounts.

Subpast 19-3.3—Determinations, Findings, and

Authorities Offers of discounts for prompt payment in less than 20 calendar days will

19-3.305 Form and requirements of denot be considered in the evaluation of

termination and indings. bids.

Subpart 19-3.4-Types of Contracts 8 19–2.407–5 Other factors to be con- 19-3.405 Cost-reimbursement type considered.

tracts. (a) Award to a bidder who offers to

19-3.405-5 Cost-plus-a-fixed-fee contract.

19-3.406 Other types of contracts. furnish foreign-made products will be

19-3.406-1 Time and materials contract. dependent upon price factors mentioned

19-3.408 Letter contract. in $ 6.500 of this chapter.

19-3.450 Oral contract. (b) A bid which is qualified or deviates from the specifications of a single item

Subpart 19-3.6—Small Purchases need not be rejected provided the invi

19-3.602 Policy.

19-3.603 tation does not restrict the Agency's


19-3.603-1 Solicitation. right to award by item. Certain items or 19-3.604 Imprest funds (petty cash) groups of items may be rejected as non



19–3.406 Other types of contracts. 19-3.604-6 Procurement and payment. 19-3.606 Purchase order forms.

8 19–3.406-1 Time and materials con19–3.605-3 Agency order forms.

tract. 19-3.606 Blanket purchase arrangements. (a) and (b) [Reserved] 19-3.806-5 Agency implementation.

(c) Limitations. The determination, AUTHORITY: The provisions of this part

that no other type of contract will suit19–3 issued under sec. 205 (c), 63 Stat. 890;

ably serve, will be made in a memoran40 U.S.C. 486(c).

dum with supporting findings for the

contract file and signed by the ContractSOURCE: The provisions of this part 19-3

ing Officer. appear at 31 F.R. 10793, Aug. 13, 1966, unless otherwise noted.

8 19-3.408 Letter contract.

(a) and (b) [Reserved] Subpart 19-3.1-Use of Negotiation

(c) Limitations. (1) The determina8 19-3.150 Selection of sources.

tion, that no other type of contract is

suitable, will be made in a memorandum In the selection of sources for requests

with supporting findings for the contract for proposals, procurement personnel will

file and signed by the Chief of the Conuse the bidders mailing lists to the fullest

tract and Procurement Division, extent and will be guided by $ 2.205 of

(2) [Reserved] this chapter.

(3) A letter contract should be super

seded by a definitive contract within 3 Subpart 19-3.3—Determinations,

months of the effective date of the letter Findings, and Authorities

contract. Any extension beyond 3

months must be approved by the Chief 19–3.305 Form and requirements of


Contract and Procurement determinations and findings.

Division. (a) The form of determinations and (4) The maximum liability of the findings is not prescribed beyond the re- Government under a letter contract shall quirements in § 1-3.305 of this title ex- not exceed 50 percent of the total esticept that they must all be in writing and

mated cost of the project or procurement signed by an Agency oficial. Any deter

as established by the head of the Agency, mination and findings signed by an of

except upon a written determination with ficial other than the Contracting Oficer

supporting findings, signed by the Chief

of the Contract and Procurement Diviwill be initialed by the Contracting Of

sion, that it is in the best interest of the ficer when inserted in a contract file as

Government. a supporting document.

& 19-3.450 Oral contract. Subpart 19-3.4-Types of Contracts

Oral contracts may be made by an au8 19–3.405 Cost-reimbursement type

thorized Agency Contracting Officer only, contracts.

in cases of unusual urgency where de

livery of a letter contract is not possible, 8 19-3.405-5 Cost-plus-a-fixed-fee con

if the agreement would otherwise be a tract.

valid written contract. The oral agree(a) and (b) [Reserved)

ment must be reduced to writing as soon

as possible and will be subject to the same (c) Limitations. (1) The "estimated

Agency process of clearances and apcost of the contract, exclusive of the fee,

provals as any other written contract. as determined by the Agency head,” re

The exercise of this authority must be quired by section 304(b) of the Act (41 justified in a memorandum for the Chief U.S.C. 254(b)), will be prepared in writ- of the Contract and Procurement Diviing for signature by the Chief, Contract sion, and a copy of the memorandum will and Procurement Division.

be placed in the contract file. (2) Indirect or overhead costs, in costplus-a-fixed-fee contracts, which are

Subpart 19-3.6--Small Purchases calculated as a stipulated percentage of $ 19–3.602 Policy. direct labor or other costs, are prohibited

Agency procurement personnel will be except where there is a provision for a

guided by Subchapter E of the Federal subsequent adjustment to the actual in- Property Management Regulations direct costs.

Supply and Procurement Parts 101-25

be in the form of simple offer and acceptance letter and will ordinarily cover the vendor's complete line of merchandise or services available at his published list prices less any obtainable discounts, limited in time to one calendar quarter and in amount by $2,500 or less. More than one arrangement may be advisable where the volume of purchases warrants such competitive arrangements. Charge tickets will be made for each order and delivered to the responsible office with receipt of the goods indicated thereon by the receiving ofice. Monthly invoices will be compared by the responsible office with delivery receipts prior to certification for payment.


through 101-31, as well as by Subpart 1-3.6 of this title and this Subpart 19-3.6. $ 19–3.603 Competition. § 19–3.603-1 Solicitation.

(a)-(c) (Reserved]

(d) Quotations as a result of oral solicitation will re recorded on Form IA-25 (Rev). Use of this form will not be required to document routine singleitem purchases which may be recorded on the requisition provided such record contains all information called for on Form IA-25. § 19–3.604 Imprest funds (petty cash)

method. $ 19–3.604-6 Procurement and

payo ment. (a) Small purchases utilizing imprest funds may be made only by employees authorized by the Chief of the Contract and Procurement Division in a written redelegation of this specific type of procurement authority.

(b) The cost of cash purchases must be kept within reasonable bounds by ordinary shopping procedures of price comparison (competition), and the buyer must take advantage of any obtainable discounts. 8 19–3.605 Purchase order forms. $ 19–3.605–3 Agency order forms.

Where Standard Forms 147 and 148 are not appropriate, Agency order forms prescribed in Subpart 16-3 of this chapter shall be used. & 19--3.606 Blanket purchase arrange

ments. $ 19–3.606-5 Agency implementation.

(a) The use of limited charge accounts, for all Agency offices and installations having responsibility for maintaining their own supply points, is a preferred Agency procedure. Blanket purchase arrangements will be made and the necessary procurement authority redelegated by the Chief of the Contract and Procurement Division when ofices which provide their own supplies can make numerous purchases of a wide variety of regularly needed items from local vendors.

(b) Blanket purchase arrangements will be in writing, signed by both the vendor and an official of the Agency office concerned, and filed with the appropriate paying office. The writing may

Subpart 19-6.1-Buy American ActSupply and

Service Contracts Sec. 19-6.103 Exceptions. 19-6.103-3 Unreasonable cost or inconsist

ency with the public interest. 19–6.105 Excepted articles, materials, and

supplies. Subpart 19–6.50-Other Price Differentials 19-6.5001 General.

AUTHORITY: The provisions of this part 19-6 issued under sec. 205 (c), 63 Stat. 390; 40 U.S.C. 486(c).

SOURCE: The provisions of this part 1948 appear at 31 FR. 10794, Aug. 13, 1966, unless otherwise noted. Subpart 19–6.1-Buy American Act

Supply and Service Contracts & 19-6.103 Exceptions. & 19-6.103-3 Unreasonable cost or in.

consistency with the public interest. (a) It has been determined by the Director that the application of the Buy American Act to the purchase of books, maps, periodicals, newspapers, and other publications and films not published in the United States would be inconsistent with the public interest. Therefore, such items may be procured from foreign sources.

(b) Contracting Oficers are authorized to make determinations of unreasonable cost or inconsistency with the public interest on other domestic source end products, both prior to entering into contracts and in the course of contract administration, provided that in the latter case the Government receives adequate consideration. A copy of each

determination will be included in the & 19-15.5000 Cost-reimbursed air travel. contract file.

It is the policy of the Agency to re8 19–6.105 Excepted articles, materials, quire the use of less than first-class air and supplies.

accommodations for all cost-reimbursed Contracting Officers are authorized to travel, except when less than first-class make determinations of nonavailability accommodations are not reasonably (see § 1-6.103–2 of this title), both prior available to meet necessary mission reto entering into contracts and in the

quirements. For example, less than firstcourse of contract administration, pro

class accommodations are considered not vided that in the latter case the Govern

reasonably available where less than ment receives adequate consideration. A copy of each determination will be in

first-class accommodations would: cluded in the contract file.

(a) Increase the duration of a flight

(one way) by 25 percent or more; Subpart 19–6.50-Other Price

(b) Increase the total elapsed travel Differentials

time of a trip by 25 percent or more; f 19-6.5001 General.

(c) Require fights on regular com

mercial routes in excess of 14 hours, (a) Agency policy for procurement

including scheduled stopovers of less from foreign sources for use outside the United States requires the application of

than 8 hours, without a 24-hour interprice differentials favoring materials and

ruption of the trip for rest; equipment produced in the United (d) Result in additional costs which States. The individual requests for pro- would offset the transportation savings; posals or invitations for bids will Indi- (e) Offer accommodations which are cate the extent of applicable differentials. not adequate for the medical needs of the

(b) The Agency will, to the maximum traveler. extent consistent with effective discharge of its program responsibilities, forego or

The term “less than first-class,” in repostpone the purchase of materials and

lation to air travel accommodations, equipment which are not obtainable as means all categories for which the cost domestic source end products (as defined to the Government is less than for firstIn § 1-6.101(d) of this title), or the award class accommodations. The difference in of contracts for nonpersonal services (in- cost between first-class air accommodacluding construction) to other than U.S. tions and less than first-class accommocitizens or firms which are more than 50

dations is an unallowable cost except as percent owned by U.S. citizens, except

provided for in this section. where payment may be made with excess foreign currencies (as designated by 8 19-15.5000-1 Use of American and the Treasury Department) at no greater foreign airlines,

ost than corresponding domestic source end products or contracts with U.S. citi

It is the policy of the Agency to rezens or firms more than 50 percent owned

quire the use of American flag airlines by U.S. citizens.

for all cost-reimbursed air travel except

when travel on American flag airlines is PART 19-15 CONTRACT COST

not reasonably available. For example,

travel on American flag airlines is not PRINCIPLES AND PROCEDURES

considered reasonably available when: Subpart 19–15.50—Cost Principles (a) There is no regularly scheduled and Procedures

American flag airline between authorized Sec.

points of origin and destination; or 19-15.5000 Cost-reimbursed air travel.

(b) To use a combination of foreign 19–15.5000-1 Use of American and foreign and American flag airlines would inairlines.

Increase costs over costs on only foreign AUTHORITY: The provisions of this Sub

lines (including reimbursement for part 19–15.50 Issued under sec. 205(c), 63 traveler's time) by 50 percent or more; Stat. 390; 40 U.S.C. 486(c).

or SOURCE: The provisions of this subpart 19

(c) Travel by an American flag air15.50 appear at 31 F.R. 10794, Aug. 13, 1966, line could not be performed in time to unless otherwise noted.

carry out the mission to be performed.

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