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event prior to the time specified for the 5–2.406-4 Disclosure of mistakes after opening of bids. award.
(b) Bid openings shall be postponed 5–2.406-50 Submissions to the Comptroller
when an important segment of prospecGeneral. 5–2.407-6 Equal low bids, preferences.
tive bidders requests additional time for
filing their bids, or the contracting officer AUTHORITY: 88 5–2.201-50 to 5–2.407-6 18- is on notice, or has reason to believe, that sued under sec. 205(c), 63 Stat. 390; 40 U.S.C. the specified opening date is not appro486 (c).
priate or is not conducive to the maxi
mum practicable competition. Subpart 5-2.2-Solicitation of Bids (c) Bid openings may be postponed, if
determined by the contracting officer to § 5–2.201-50 Security requirements.
be practicable and in the best interests
of the Government, when the contract(a) Where making classified informa
ing officer has reason to believe that the tion available to contractors or prospec- bids of an important segment of bidders tive contractors is contemplated, the have been delayed in the mails for causes invitation for bids shall include the ap
beyond their control, and without fault propriate clause required by $ 5–7.150,
(25 F.R. 5573, June 21, 1960) $ 5–7.650, or $ 5–7.5101. If it is determined that these clauses are not appli- § 5-2.203 Methods of soliciting bids. cable for a particular contract (e.g., a [26 F.R. 725, Jan. 25, 1961) research or personal services contract), the Head of the Service or Staff Office
§ 5–2.203–1 Mailing or delivering to concerned with the procurement shall
prospective bidders. provide a suitable substitute clause.
(a) The contracting officer shall arThese clauses require adherence, by the range for the initial distribution of incontractor, to the security agreement
vitations for bids (and preinvitation (DD Form 441) made by industrial con- notices). Initial distribution shall be cerns with DOD to abide by the Indus
made to firms included on established trial Security Manual for Safeguarding
bidders mailing lists and to all others Classified Information. The release of
whom the contracting officer may select. classified information to contractors or
Distribution of such documents covering prospective contractors shall be effected new construction and specialized projects in accordance with the provisions of
designed under the direct supervision $ 5–53.202.
of the Office of Design and Construction, (b) In connection with the industrial
Public Buildings Service, may be made security program within GSA, the GSA
by that office. Security Officer provides overall coordi
(b) The initial distribution of invitanation and administration, including the
tions for bids shall include quantities refurnishing of technical advice and guid
quired by the Business Service Center, ance to contracting officers, maintaining
in the region where the invitation for liaison with DOD, and authorizing re
bids originates, for public display or reflease of classified information to con
erence and for filling of business and tractors.
public requests for copies. Business (26 F.R. 12693, Dec. 29, 1961)
Service Centers shall keep the contracting offices currently advised
to $ 5–2.202 Miscellaneous rules for solici- quantities required. In addition, contation of bids.
tracting offices shall furnish at least one [25 F.R. 5573, June 21, 1960)
copy of each invitation for bids included § 5–2.202–50 Postponement of bid open
in the Department of Commerce Syn
opsis of U.S. Government Proposed ings.
Procurement, Sales, and Contract (a) Whenever such action is deter- Awards to each Business Service Center. mined by the contracting officer to be in (C) Business Service Centers northe best interest of the Government, bid mally shall handle and record, as proopenings may be postponed by issuance vided in § 5-2.204(a), all requests for and distribution to all prospective bid- invitations for bids. ders of an amendment (see § 1-2.207) to (d) Firms in debarred or ineligible the invitation for bids. Notices of post- status will be treated in accordance with ponement shall be issued by mail or tele- § 1-1.604 and § 5-1.604. graph as early as possible, but in any [26 F.R. 725, Jan. 25, 1961)
$ 5–2.203–2 Displaying in public places. be recorded, if shown. After recording,
such bids shall be delivered immediately The Business Service Centers shall
to the responsible contracting officer who display copies of invitations for bids in
shall acknowledge receipt thereof on the such manner as to make them readily
duplicate copy of the list of bidders and available and accessible for public
record the bidder's name and address on examination. Upon expiration of the
the original list of bidders. Delivery bid opening dates, the copies shall be
of late bids which bear insufficient postremoved from display.
age shall be accepted if received prior 126 F.R. 725, Jan. 25, 1961)
to award. The postage due shall be paid $ 5–2.203–3 Publicity in newspapers if requested by the post office authorities and trade journals.
and the bids handled in accordance with Bids shall be solicited through paid
$ 1-2.303 and this $ 5-2.303. advertisements, when authorized by the
(b) Except as provided in $ 5–2.303–2,
a bid delivered after the bid opening appropriate head of a service or regional commissioner. Upon request, single
time by other than the Post Office or copies of invitations for bids, or a brief
by telegraph shall not be accepted.
Should a bid custodian find himself unsummary thereof, shall be furnished to newspapers, trade journals, magazines,
avoidably in possession of such a bid, it trade societies, and similar organiza
shall be immediately time-stamped and
handled in the same manner as pretions for free publication. (See § 1-2.203–3.) When invitations for bids which
scribed above for mail and telegraphic include costly material, such as detailed
bids, except that in lieu of data as to the specifications and drawings, are
time and place of mailing, a notation re
shall be made on the duplicate copy of quested by such an organization, the contracting officer shall furnish such
the list of bidders by the bid custodian material only when he determines that
explaining when and how he came into it is in the best interest of the Govern
possession of the bid. ment to do so.
$ 5–2.303–2 Consideration for award. (26 F.R. 725, Jan. 25, 1961)
When properly addressed bids are re§ 5-2.204 Records of invitations for ceived on time but, through error on the bids and records of bids.
part of the Government, are not opened
with other bids in response to the same (a) Business Service Centers shall submit promptly to the appropriate con
invitation, such mishandled bids shall be
considered for award if an irrevocable tracting officer a supplemental list of those (including their addresses) to
award has not been made. If award has whom such centers furnished invitations
been made and the maker of such a bid
otherwise would be entitled to award, for bids or amendments. The contracting officer shall arrange to furnish such
every effort shall be made to secure con
sent to cancellation of the award without prospective bidders, as well as those solicited pursuant to $ 5-2.203–1, with
cost by presenting a full explanation to
If applicable amendments or notices.
the bidder who received the award. (b) For records of bids see § 5-2.401
such bidder refuses to consent to cancel(d) (8).
lation, a full explanation of the circum126 F.R. 725, Jan. 25, 1961)
stances shall be furnished to the bidder who, except for mishandling, would oth
erwise be entitled to the award. ComSubpart 5-2.3–Submission of Bids
plete details of each such case shall be SOURCE: $$ 5-2.303 to 5-2.304 appear at 26
furnished to the appropriate head of F.R. 726, Jan. 25, 1961.
service or staff office and a copy thereof § 5-2.303 Late bids.
retained in the contract file. § 5-2.303-1 General.
S 5–2.303–6. Notification to late bidders.
bid re(a) Upon receipt of a bid delivered by mail or telegraph after the bid open
ceived before award, the following addiing time, the bid custodian shall record
tional language shall be used for the it on the duplicate copy of the list of
purpose of establishing a predetermined bidders prescribed in § 5-2.401 and show
time limit for his submission of evidence: in addition the date, hour, and place of
To assure its consideration, any evidence mailing. In the case of late telegraphic
submitted must be received in this office not
later than bids, the time and place of filing will
In fixing the date to be entered, con- (b) Each regional Director of Business sideration should be given to the time Services shall designate bid custodians, required by bidders to develop and pre- and alternates as may be required, to pare evidence in relation to the accept
perform the functions incident to the ance period specified by the otherwise
receipt, custody, and recording of bids. apparent low bidder, avoidance of undue
(c) Adequate space and facilities shall delay in procurement operations, and
be provided for the receipt and safeother pertinent factors. As a general
guarding of bids and samples received rule, bidders should be allowed a mini
in conjunction therewith, and for the mum of three working days to develop holding of public bid openings. This and prepare their submissions. In addi
shall include the providing of a locking tion, appropriate allowance should be
type bid box located within sight of the made for the time required for mail bid custodian and at an accessible point transit of the notification and return of
where sidders or their representatives the evidence.
can readily deposit bids. § 5–2.303–7 Disposition of late bids.
(d) Bids received shall be handled as
follows: A late bid returned to a bidder shall be accompanied by a statement from the (1) At the initial point of receipt, contracting officer that the bid was not envelopes, or other outer covering, conconsidered because of the time of its taining identified bids received by mail receipt.
shall be immediately time-stamped or $ 5–2.304 Modification or withdrawal of
otherwise have legibly indicated thereon bid.
the place, date, and time of receipt by
authorized personnel, and then shall be (a) Bid modifications received prior to
delivered by special handling to the bid bid opening time shall be handled in the
custodian in the Business Service Center. same manner as bids and shall be at
(2) Bids received in unidentified or tached to the related bid envelope to
unsealed envelopes or other outer coverassure opening at the same time.
ing and bids opened by mistake shall be (b) The receipt required by § 1-2.304
handled in accordance with § 1-2.401(b). for withdrawal of a bid in person by a (3) When bids received by mail are bidder or his authorized representative
delivered to the custodian they will before the time set for opening shall be
immediately be placed in a suitable worded as follows:
locked cabinet. I certify that I am a bona fide, fully au- (4) Bids received which bear insuffithorized i agent for, official, employee, or cient postage shall be accepted and, if representative of
Post Office authorities so request, pay(Insert full name and
ment of the postage due shall be made.
whose bid on IFB address of bidder)
(5) Bids delivered in person by bidders No.
or their representatives shall be deposited (Insert complete IFB number)
immediately in the locked bid box in for opening on
the Business Service Center. Bid custo(Insert bid opening date) dians shall have custody of a key or am hereby withdrawing from consideration, combination to this receptacle and shall and receipt thereof is hereby acknowledged. remove and time-stamp the contents
thereof at least once daily, and in any (Signature)
event, immediately before each bid open(Date)
ing. (See $ 5–2.303–1(b) regarding late
bids delivered in this manner.) 1 Delete inapplicable categories.
(6) Telegraphic bids or modifications Subpart 5-2.4—Opening of Bids and
will be sealed in envelopes immediately Award of Contract
upon receipt, appropriately identified,
and handled in the same manner as other § 5-2.401 Receipt and safeguarding of bids. No information as to the contents bids.
of such bids will be divulged by any em(a) Bids (including modifications and
ployees having access thereto. samples) received in response to invita
(7) At the end of each working day, tions for bids shall be received and safe
the bid custodian shall place all bids guarded by the appropriate Business
which have accumulated in the bid box Service Center until the time specified
in the locked cabinet referred to in for opening.
§ 5-2.401 (d) (3).
(8) As soon as practicable after receipt or his designee to be present to open and prior to the bid opening time, all bids
bids. received by the bid custodian shall be (c) Bid openings shall be open to busirecorded, in duplicate, on a separate list ness representatives, members of the for each bid invitation. This list shall press, and the general public. include the name and address of eachi (d) In order to assure that bids will bidder and the date and hour of receipt be opened at the exact time specified, as shown by the time-stamp.
the bid opening official shall verify that (9) The bid custodian shall, at the
the timepiece to be used is accurate. scheduled bid opening time, deliver all (e) For the information of those bidbids received in connection with the invi
ders present, approximately one minute tation to the authorized bid opening ofñ
prior notice of bid opening will be aucial, or his designee. At the same time,
dibly announced by the bid opening offithe pertinent list of bidders, in duplicate,
cial. shall be delivered to the bid opening offi
(f) The bid opening official shall take cial, or his designee, who shall acknowl- precaution to assure that the exact time edge receipt of the bids by signing the of opening has arrived and shall audibly duplicate copy of the list and returning announce this fact citing the invitation it to the bid custodian. The original list
or invitations scheduled for opening. He of bidders shall become a part of the
shall then proceed with the opening of contract file.
bids in full view of the parties present. 126 F.R. 726, Jan. 25, 1961)
(See § 1-2.402.)
(g) In reading bids, the following in
formation from each bid shall be an§ 5-2.402 Opening of bids.
nounced when considered practicable and (a) Public bid openings shall be held feasible in accordance with § 1-2.402(a): in the Business Service Center except The name of the bidder, the unit price when determined to be impracticable by for each item bid on, and other pertinent the Business Service Center and the con- information, such as delivery and distracting officer. The schedule for such count terms. A copy of each bid subopenings shall be developed jointly by mitted in multiple copies shall remain in the Business Service Center and the con- the bid opening room and be available tracting officer in order to avoid con- for public examination until the bid abflicts. The contracting officer shall be stract is completed and made available responsible for obtaining space for bid in lieu thereof. Bids submitted in an openings which are to be held outside original only shall be made available the Business Service Center. Whenever, for examination in accordance with and as soon as, it is justifiably deter- § 1-2.402(c). mined to hold the bid opening else- (h) When invitations for bids provide where, the contracting officer shall in- for the submission of bid or performance form the Business Service Center serving bonds or like guarantees, arrangements the geographic area in which the con- shall be made by the contracting officer tracting office is located as to the invi- or his designee to have a bonded collectation number and the location where tion officer present when bids are opened the public bid opening will be held.
to assume custody of guarantees other (b) All bids shall be opened by the than bonds. The contracting officer contracting officer, or his designee, re- shall retain bonds for checking of acceptsponsible for the procurement. The ability. As soon as awards have been designee shall be a fully qualified em- made, the contracting officer shall reployee of the contracting office. How- quest the collection officer to return ever, upon authorization of the head of guarantees other than bonds to unsucthe service or staff office involved, and cessful bidders. Bonds need not be rethe Special Assistant to the Adminis- turned. trator for Congressional and Public (i) A record of persons attending each Affairs, bids may be opened by selected bid opening shall be maintained. This Business Service Center personnel. Nor
record shall include, as a minimum, the mally, such authorization will be re- names of persons present, firms or orquested only when the geographic dis- ganizations represented, date and time of tance separating the Business Service opening, and the invitation numbers in Center where bids are to be delivered which each person is interested. The and the contracting office makes it im- record may be in any suitable form, such practicable for the contracting officer as appropriate notations on the reverse
of GSA Form 289, Abstract of Bids, or GSA Form 1081, Record of Bid Opening. The record shall be made a part of the invitation for bids file.
(j) If two or more bid openings are scheduled for the same date and hour, and are to be conducted by the same bid opening official, normally the bid opening in which the greatest number of persons present is interested shall be conducted first.
(k) When bids are received in more than one copy, the bid opening official shall verify the entries on all copies.
(1) Envelopes in which bids and bid modifications are received shall be retained in a temporary file until after all awards have been made, at which time those which bear notations concerning abnormal receipt conditions shall be made a part of the invitation for bids file and the remainder may be destroyed. [26 F.R. 727, Jan. 25, 1961]
$ 5–2.403 Recording of bids.
(a) The contracting office shall be responsible for the abstracting and tabulation of all bids.
(b) The abstracting and tabulation of bids shall normally be completed within 24 hours after bid opening and a legible copy shall be immediately delivered to the appropriate Business Service Center where it shall be made available for public examination. Late bids determined eligible for consideration shall be included on the tabulation. However, if eligibility is established after delivery of the original tabulation, they shall be recorded separately, identified as an amendment to the original tabulation, and delivered to the Business Service Center.
(c) As soon as possible, but not later than 24 hours after notices of awards have been dispatched to the contractors, a legible copy of the bid tabulation showing the awards made shall be furnished to the Business Service Center where it shall be made available for public examination for a minimum period of 30 days.
(d) The original of all abstracts or tabulations shall be made a part of the official procurement file. (26 F.R. 727, Jan. 25, 1961)
§ 5–2.404–2 Rejection individual
bids. For rejection involving multiple bidding see § 5-2.404-50. [26 F.R. 1052, Feb. 3, 1961) § 5-2.404–50 Multiple bidding.
When more than one bid is received from a person or firm, or affiliates thereof, in response to an invitation for bids, such bids shall be considered for award if responsive and otherwise acceptable. If the contracting officer determines that these bids would give such bidders an unfair advantage over other bidders or would otherwise be prejudicial to the best interests of the Government, such bids shall be rejected. See § 5-2.407-6 involving multiple bids which are equal low bids. 126 F.R. 1052, Feb. 3, 1961) § 5–2.406 Mistakes in bids. [26 F.R. 3307, Apr. 19, 1961] § 5–2.406–3 Other mistakes disclosed
before award. (a) Upon receipt of evidence in support of an alleged or suspected mistake in bid (other than apparent clerical mistakes within the purview of § 1-2.406–2), the contracting officer shall prepare the statement required by § 1-2.406–3(d) (3) (iv), which shall include a recommended course of action. The action recommended shall be compatible with
provided in § 1-2.406–3(a). The contracting officer shall attach thereto all available documentary evidence specified in § 1-2.406– 3(d) (3) and forward the statement, in duplicate, as provided in paragraph (b) of this section.
(b) Cases arising in regional offices shall be processed by the contracting officer through channels to the Regional Counsel, who shall review the case for form, technical accuracy of the findings and determination, and general adequacy of the supporting evidence. The Regional Counsel shall transmit the case with appropriate recommendations to the Office of General Counsel. Cases arising in the Central Office shall be forwarded by the contracting officer through channels to the Office of General Counsel.
(c) The case shall be reviewed and approved or disapproved by the General Counsel or his representative (an Associate or Assistant General Counsel). [26 F.R. 3307, Apr. 19, 1961)
§ 5–2.404 Rejection of bids. [26 F.R. 1052, Feb. 3, 1961)