is

(a) Prescribed form. Form AD-744, Purchase Order-Invoice-Voucher, prescribed for use by USDA in lieu of Standard Form 44.

(b) Restrictions on use. Form AD744 shall not be used for any of the following:

(1) Purchases involving future delivery of the items purchased.

(2) As a confirming purchase order. (3) As an order under a Blanket Purchase Agreement.

(4) Purchases from GSA or other Government agencies.

(5) Purchases for which the vendor is paid in cash or as a receipt for such purchases.

(6) Purchases which may be accomplished normally through an inprest fund transaction.

(c) Accountability controls. Form AD-744 shall be controlled and accounted for in accordance with the procedures established by the USDA National Finance Center.

PART 414-FORMAL ADVERTISING

Subpart 414.4—Opening of Bids and Award of Contract

Sec.

414.406 Mistakes in bids.

414.406-3 Other mistakes disclosed before award.

414.406-4 Mistakes after award. 414.407 Award.

414.407-8 Protests against award.

AUTHORITY: 5 U.S.C. 301 and 40 U.S.C.

486(c).

SOURCE: 49 FR 12117, Mar. 28, 1984 (interim rule), and 50 FR 14197, Apr. 10, 1985 (final rule), unless otherwise noted.

Subpart 414.4-Opening of Bids and Award of Contract

414.406 Mistakes in bids.

414.406-3 Other mistakes disclosed before award.

(a) Contracting offices shall send all cases of mistakes in bid described in FAR 14.406–3 (a), (b), and (d) through their HCA to the Director, Office of Operations, for an administrative determination. The Director, Office of Operations, shall submit all determinations to the Assistant General Counsel, Research and Operations Division, for approval.

(b) The HCA shall make the determination described in FAR 14.406-3(c). An HCA may redelegate this authority to a level no lower than the contracting officer. Each proposed determination is subject to the approval of the Assistant General Counsel, Research and Operations Division, or the appropriate Regional Attorney or Attorneyin-Charge, whoever routinely provides legal services for the contracting office.

(c) Doubtful cases that are to be submitted to the General Accounting Office for advance decision shall be submitted through the Director, Office of Operations.

If a mistake in bid is disclosed after award, the contracting officer shall make a final determination in accordance with the provisions of FAR 14.406-4 (b) and (c) and shall coordinate each proposed determination with the Assistant General Counsel, Research and Operations Division, or the Regional Attorney-in-Charge, whoever routinely provides legal services to the contracting office. Such coordination shall, at a minimum, consist of the contracting officer providing the proposed determination and the case file to the appropriate legal officer for comment.

414.407-8 Protests against award.

(a) General. (1) When a protest has been filed with the contracting officer, the written final decision to the protestor required by FAR 14.407-8(a)(1) shall include a paragraph substantially as follows: This decision shall be final and conclusive unless a further written notice of protest is filed with the General Accounting Office in accordance with the Bid Protest Procedures of the General Accounting Office (4 CFR Part 21).

(2) The Director, Office of Operations, is responsible for coordinating the handling of bid protests lodged with the General Accounting Office (GAO) against contracts awarded by contracting activities. The Director, Office of Operations, may authorize individual contracting activities to coordinate their bid protests directly with the GAO when it will best serve to expedite the processing time.

(3) To ensure proper resolution of bid protests, the Office of Operations and the Office of the General Counsel will provide assistance to contracting activities upon request by the contracting officer.

(b) Notice of protest. Upon being advised by the GAO of receipt of a protest, the Chief, Procurement Division, Office of Operations, shall inform the appropriate HCA who will promptly notify the contracting officer. Based on this advance notification, the contracting officer shall begin compiling the information necessary to prepare a

(c) Submission of report. (1) Bid protests shall be handled on a priority basis. Within 25 working days after notification by the Office of Operations that a protest has been filed with the GAO, the contracting officer shall prepare a report responsive to the protest and forward to the GAO in accordance with agency procedures. The contracting officer shall furnish copies of the report, and any subsequent submissions, to the protester and other interested parties and advise the GAO accordingly. A copy of the letter transmitting the report to the GAO shall be furnished to the Chief, Procurement Division, Office of Operations.

(2) If the contracting officer is unable to submit a timely response, the GAO shall be notified, in writing or by phone, of the delay and the expected date of submission. The Chief, Procurement Division, Office of Operations, shall be notified accordingly.

(3) The report and any additional information requested by the GAO concerning the protest should be addressed to: General Counsel, Attn: Bid Protest Unit, General Accounting Office, Washington, D.C. 20548. The report shall be appropriately titled and dated and shall include the documents and statements required by FAR 14.407-8(a)(2).

(d) Protests before award. If a protest before award has been lodged with the GAO and the contracting officer determines in writing that it is necesary to make award under any of the circumstances, in FAR 14.4078(b)(4), the determination must be approved by the HCA prior to contract award.

(e) Protests after award. Protests received after award shall be handled in accordance with paragraphs (b) and (c) above.

(a) USDA will use a structured approach to determine the profit or fee prenegotiation objective in acquisition actions that require cost analysis based on the profit analysis factors in FAR 15.905.

(b) The following types of acquisitions are exempt from the requirements of the structured approach, but the contracting officer shall comply with FAR 15.905-1 when analyzing profit for these contracts or actions:

(1) All actions which do not require cost analysis;

(2) Architect-engineer contracts; (3) Construction contracts;

(4) Contracts primarily requiring delivery of material supplied by subcontractors;

(5) Termination settlements;

Subpart 416.3-Cost-Reimbursement Contracts

416.301 General.

416.301-3 Limitations.

(a) Determinations and findings authorizing the use of a cost-reimbursement type contract as described in FAR 16.302 through 16.306 shall be signed by the contracting officer after compliance with the limitations in FAR 16.301-3 and 16.404, as appropriate.

(b) Prepare determination and findings substantially in accordance with the following format:

DETERMINATION AND FINDINGS

Authority to Use Cost Reimbursement-Type Contract

I hereby find that:

(1) The (contracting activity name) proposes to contract with (name of proposed contractor) for (describe work, service, or product) (identify program or project). The estimated cost is ($-) (if contract is CPFF type, insert, "plus a fixed fee of ($-) which is percent of the estimated cost of fee"). (2) (Set forth facts and circumstances that show why it is impracticable to secure property or services of the kind or quantity required without the use of the proposed type of contract or why the proposed method of contracting is likely to be less costly than other methods.)

I hereby determine that:

On the basis of the above findings it is impracticable to secure the property or services of the kind or quality required without the use of (cost, cost-sharing, or cost-plus-afixed-fee) type of contract, or the (cost, cost-sharing, or cost-plus-a-fixed-fee) method of contracting is likely to be less costly than other methods. Date:

(Signature)

416.306 Cost-plus-a-fixed-fee contracts.

The determinations and findings establishing the basis for application of the statutory fee limitation (see FAR 16.306(c)(2) and 15.903(d)) shall be signed by the contracting officer and may be combined with the determination and findings prescribed in FAR 16.301-3.