other information required for bid evaluation. (c) For building services, the GSA Form 3471, Abstract of Offers, is authorized for use by contracting activities in the Public Buildings Service (PBS) instead of the Standard Form 1409, Abstract of Offers. 514.404 Rejection of bids. 514.404-1 Cancellation of invitations after opening. (a) Cancellation of invitations. The HCA or a designee makes any determinations required by FAR 14.404–1. (b) Extension of time for bid acceptance. Requests for time extensions may be made using GSA Form 2981 and must specify a period reasonable under the circumstances. [54 FR 26514, June 23, 1989, as amended at 58 FR 52443, Oct. 8, 1993] 514.404-2 Rejection of individual bids. (a) Individual bids rejected on the basis of responsiveness, responsibility, or eligibility and bids rejected because the bid after evaluation is no longer low shall be documented as provided in FAR 14.404-2(k) and noted in the "Remarks" block on GSA Form 1535, Recommendation for Award(s). Examples of bids which may no longer be low after evaluation include aggregate bids (see 514.271), "all or none" bids (see 552.214-73), and bids evaluated using Buy American differentials (see FAR 25.105 and 525.105-70). (b) Explanations which involve cases of a sensitive or controversial nature must be accompanied by all supporting documentation to justify awards, such as copies of the offer to be rejected and the proposed awardee, statements from (or record of conversation with) the requisitioning activity, plant facilities and/or financial responsibility reports, and other relevant correspondence or reports (Certificates of Competency, copies of Congressional correspondence or other high level interest, etc.). [54 FR 26514, June 23, 1989, as amended at 56 FR 47005, Sept. 17, 1991] 514.405 Minor informalities or irregularities in bids. Failure to submit all of the pages of the solicitation is a minor informality or irregularity under FAR 14.405 when the bid as submitted indicates that the bidder takes no exception to the requirements of the solicitation and intends to be bound by all its terms in any resultant contract. 514.407 Mistakes in bids. 514.407-3 Other mistakes disclosed before award. (a) Delegations of authority by head of the agency. In accordance with FAR 14.407-3(e), the contracting directors (see 502.101) are authorized, without power of redelegation, to make the determinations regarding corrections and/or withdrawals treated in FAR 14.407–3(a), (b), and (c), and to make the corollary determinations not to permit withdrawal or correction for reasons indicated in FAR 14.407-3(d). (b) Legal review and approval. Assigned counsel must approve determinations by the contracting director and contracting officer regarding mistakes in bid. [60 FR 42804, Aug. 17, 1995] 514.407-4 Mistakes after award. Determinations by the contracting officer must be prepared in the format at 514.406-3(b) and reviewed and approved by the Contracting Director and assigned counsel. [54 FR 26514, June 23, 1989. Redesignated at 60 FR 42804, Aug. 17, 1995] 514.407-7 Documentation of award. Documentation included in the contract file must include the number of firms solicited and the GSA Form 1535, Recommendation for Award(s), or similar document (see also 514.404–2). 514.408 Award. 514.408-1 General. (a) Oral notices of award shall not be used. (b) In addition to the requirements in FAR 14.408–1(c)(5), notice of award must identify the solicitation, the item(s) awarded, the contract number, and the effective date of the award. (c) If partial award is made to a bidder and additional items are being withheld for possible subsequent award to the same bidder, any subsequent award during the bid acceptance period must be made using SF-30, Amendment of Solicitation/Modification of Contract (except see 519.503-4(b) regarding partial set-asides). The authority cited in paragraph 13D of SF-30 for the subsequent award will be FAR 14.4081(c)(4). [54 FR 26514, June 23, 1989. Redesignated and amended at 60 FR 42803, Aug. 17, 1995; 60 FR 44387, Aug. 25, 1995; 60 FR 54957, Oct. 27, 1995] 514.408-6 Equal low bids. In resolving a tie-bid situation, the status of the bidders (small/large/labor surplus area) on the date the bid was signed is controlling. [54 FR 26514, June 23, 1989. Redesignated at 60 FR 42803, Aug. 17, 1995] 514.408-70 Preaward inquiries. (a) Responses to preaward inquiries should be limited to a statement that the award decision is pending and agency policy prohibits release of additional information. (b) Actions or discussions that may create false impressions in the eyes of prospective contractors about pending awards must be avoided. [54 FR 26514, June 23, 1989. Redesignated at 60 FR 42803, Aug. 17, 1995] 514.408-71 Awards involving related cases referred to higher authority. When a case is to be or has been referred to higher authority for review, any action which might prejudice the freedom of the higher authority to act on that case must be avoided. This includes partial awards to the same bidder under the same solicitation. [54 FR 26514, June 23, 1989. Redesignated at 60 FR 42803, Aug. 17, 1995] 514.408-72 Forms for recommending award(s) (Supplies and services). GSA Form 1535, Recommendation for Award(s), and GSA Form 1535-A, Recommendation for Award(s), Continuation Sheet, must be used to document all proposed awards (except construction contracts) exceeding the simplified acquisition threshold. The use of the form for awards at or below the simplified acquisition threshold is at the discretion of the contracting activity. One or more awards may be set SOURCE: 54 FR 26521, June 23, 1989, unless otherwise noted. Subpart 515.1-General Requirements for Negotiation 515.106 Contract clauses. 515.106-70 Examination of records by GSA clause. (a) The contracting officer shall insert the clause at 552.215–70, Examination of Records by GSA, in solicitations and contracts (other than multiple award schedule contracts), including acquisitions of leasehold interests in real property that: (1) Involve the use and disposition of Government-furnished property, (2) Provide for advance payments, progress payments based on cost, or guaranteed loan, (3) Contain a price warranty or price reduction clause, (4) Involve income to the Government where income is based on operations that are under the control of the contractor, (5) Include an economic price adjustment clause, (6) Are requirements, indefinitequantity, or letter type contracts as defined in FAR part 16, (7) Are subject to adjustment based on a negotiated cost escalation base, or (8) Contain the provision at FAR 52,223-4, Recovered Material Certification. The contracting officer may modify the clause to define the specific area of audit (e.g., the use or disposition of Government-furnished property, compliance with the price reduction clause). Counsel and the Assistant Inspector General-Auditing or Regional Inspector General-Auditing, as appropriate, must concur in any modifications to the clause. (b) The contracting officer shall insert the clause at 552.215-71, Examination of Records by GSA (Multiple Award Schedule), in solicitations and multiple award schedule contracts. With the Senior Procurement Executive's approval, the contracting officer may modify the clause to also provide for post-award access to and the right to examine records to verify that the pre-award/modification pricing, sales or other data related to the supplies or services offered under the contract which formed the basis for the award/ modification was accurate, current, and complete. Such a modification of the clause shall provide for the right of access to expire 2 years after award or modification. Before modifying the clause, the contracting officer shall make a determination that absent such access there is a likelihood of significant harm to the Government and submit it to the Senior Procurement Executive for approval. Such determinations must be made on a schedule-byschedule basis. [62 FR 44521, Aug. 21, 1997, as amended at 63 FR 18844, Apr. 16, 1998] Subpart 515.4-Solicitation and Receipt of Proposals and Quotations 515.402 General. Contracting officers may authorize facsimile proposals (see FAR 15.407(j)) after considering the factors outlined in FAR 15.402(i), provided that facsimile equipment is available in the office designated to receive proposals, procedures and controls have been established for receiving and safeguarding incoming proposals. [58 FR 52443, Oct. 8, 1993] 515.405 Solicitations for information or planning purposes. 515.405-1 General. Solicitations for information or planning purposes must be approved by the Chief of the Contracting Office (See 502.101). [58 FR 52443, Oct. 8, 1993] 515.406 Preparing requests for proposals (RFP's) and requests for quotations (RFQ's). 515.406-1 Uniform contract format. (a) Leases of real property are exempted from the requirement for use of the uniform contract format. (b) All solicitations and contracts must include the two notices in paragraphs (b)(1) and (2), except solicitations for leases and leases of real property must include only the notice in paragraph (b)(1): (1) "The information collection requirements contained in this solicitation/contract that are not required by regulation have been approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned OMB Control No. 30900163." (2) "GSA's hours of operation are 8:00 a.m. to 4:30 p.m. Requests for preaward debriefings postmarked or otherwise submitted after 4:30 p.m. will be considered submitted the following business day. Requests for postaward debriefings delivered after 4:30 p.m. will be considered received and filed the following business day.” [54 FR 26521, June 23, 1989, as amended at 57 FR 61584, Dec. 28, 1992; 63 FR 19194, Apr. 17, 1998] (a) Solicitations should provide for proposals and modifications to proposals to be submitted to the appropriate contracting office unless arrangements have been made with the local Business Service Center (BSC) for receipt and safeguarding of proposals by the BSC. (b) Classified proposals and quotations must be handled under FAR 15.411, GSAR subpart 504.4, and the requirements of GSA Order, Freedom of Information Act procedures (ADM 1035.11B). [54 FR 26521, June 23, 1989, as amended at 56 FR 47005, Sept. 17, 1991] 515.411-70 Recording of offers. The GSA and/or Standard Forms prescribed for abstracting bids in sealed bidding may be used to abstract proposals or quotations submitted in connection with competitively negotiated procurements where more than one Subpart 515.5-Unsolicited 515.501 Definitions. Coordinating office, as used in this subpart, means the (a) Office of GSA Acquisition Policy, (b) Office of Acquisition, FSS, (c) Office of Information Technology Acquisition, ITS, (d) Office of the Acquisition Executive, PBS, or the office designated in writing by the regional administrator in the regions. The Office of GSA Acquisition Policy serves as the coordinating office for Central Office activities FSS, ITS, and PBS. [60 FR 54956, Oct. 27, 1995] 515.504 Advance guidance. outside of Potential offerors should be encouraged to make preliminary contacts with coordinating offices before sub 515.608-71 Discounts for prompt payment. The policy of not considering discounts in the evaluation of offers applies where there is direct competition between two or more offerors for a single award. It does not apply to procurements where the evaluation process involves a comparison of the offeror's price to the Government with the offeror's price to its other customers. Accordingly, the policy in FAR 14.407– 3 does not apply to multiple award schedule solicitations except in those instances where offers are received on identical products. The clause at 552.232-8, Discounts for Prompt Payment, specifies the extent to which discounts for prompt payment will be considered in the evaluation for multiple award schedules. The formula for computing the annualized rate of return addressed in the clause at 552.232-8 is as follows: |