supplies or services. If a contract covers more than one class of supplies or services, enter the code for the class which accounts for the largest dollar amount. Immediately following the common name, using full lines across the page, enter the contract number, the number of the invitation for bids or request for proposals (in parenthesis), the quantity, unit, and dollar amount for each item, and the name and address of the contractor. The quantity, unit, and dollar amount for individual items of $25,000 or less in a single award need not be shown. In lieu thereof, a statement, such as "various items" or "20 items" or "items 3, 5, 6, 7, 9, 16, 20, and 23", followed by the total dollar amount of the award for such items, may be used.

(4) When requested by the prime contractor, a statement will be included regarding the industries, crafts, processes, or component items in or for which subcontracts are available and subcontractors are desired, together with the general area, if any, indicated by the prime contractor, such as Southeast States, West Coast, New England.

[29 FR 10104, July 24, 1964, as amended at 35 FR 3070, Feb. 17, 1970]

W

Lease of ADP or EAM equipment.

Lease of earth-moving equipment.

Miscellaneous (Includes services which do not fall within code letters-A, H, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, Y, or Z).

Construction; i.e., new construction and major additions to existing buildings or facilities. Maintenance, Repair, and Alteration of Real Property; i.e., painting, building maintenance, alteration and repair, grounds maintenance and repair, roads maintenance and repair.

[29 FR 10104, July 24, 1964, as amended at 41 FR 43538, Oct. 1, 1976]

§ 1-1.1005-2 Codes for supplies.

The two-digit code numbers to be used for supplies are as set forth below. The numbers and descriptions used are the same as the 76 assigned commodity groups of the Federal Supply Classification system as shown in the Cataloging Handbook, H 2-1, Federal Supply Classification, Part 1, Groups and Classes. This handbook, together with Cataloging Handbooks H 2-2 (Numeric Index of Classes) and H 2-3 (Alphabetic Index), will be helpful in determining the proper code to be assigned to supply items in synopses messages. These handbooks may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

78

Recreational and Athletic Equipment.

79

Cleaning Equipment and Supplies.

10

80

Brushes, Paints, Sealers, and Adhesives.

11

12

83

Textiles, Leather, Furs, Apparel and Shoe Find

Weapons.

Nuclear Ordnance.

Fire Control Equipment.

Containers, Packaging, and Packing Supplies.

ings, Tents, and Flags.

Clothing, Individual Equipment, and Insignia. Toiletries.

Agricultural Supplies.

Live Animals.

52

54

55

Agricultural Machinery and Equipment.

Construction, Mining, Excavating, and Highway

Maintenance Equipment.

Materials Handling Equipment.

Rope, Cable, Chain, and Fittings.

Refrigeration and Air-Conditioning Equipment.

Fire Fighting, Rescue, and Safety Equipment.
Pumps and Compressors.

Furnace, Steam Plant, and Drying Equipment; and
Nuclear Reactors.

Plumbing, Heating, and Sanitation Equipment. Water Purification and Sewage Treatment Equipment.

Pipe, Tubing, Hose, and Fittings.

Valves.

Maintenance and Repair Shop Equipment. Hand Tools.

Measuring Tools.

Hardware and Abrasives.

Prefabricated Structures and Scaffolding. Lumber, Millwork, Plywood, and Veneer.

agency head or his designee if he determines that the:

(a) Information to be released will assist industry in its planning and facilitate meeting the procurement requirements; and

(b) Announcement will not adversely affect procurement by encouraging undesirable practices, such as attempts to corner the market or hoard industrial materials.

[35 FR 3070, Feb. 17, 1970]

§ 1-1.1006-3 Conditions.

The conditions set forth below shall be adhered to in the preparation and issuance of long-range procurement estimates.

(a) The agency head or his designee shall be responsible for the determination of the need for, and the preparation of, the proposed announcement.

(b) Only unclassified information shall be released.

(c) The information shall be:

(1) Released as nearly simultaneously as possible; and

(2) Publicized as widely as practicable, consistent with the needs of the individual case, by any or all of the following means: Dissemination to prospective bidders on the purchasing office's bidders lists, posting in public places, and other appropriate means.

(d) Each release shall state that the estimate is based on the best information available at the time of publication, the information is subject to modification, is in no way binding on the Government, and that more specific information relating to any individual item or class of items will not be furnished until the proposed procurement is publicized in the Synopsis (see § 1-1.1003), or the solicitation issued.

(e) Each release shall contain the name and address of the purchasing office which will process the procurement.

(f) Modifications to the original release shall be publicized as expeditiously as possible, in the same manner as the original.

(g) Each proposed release shall be coordinated with small business, public information, and public relations personnel, as appropriate.

(h) Each release shall contain, if applicable, a statement to the effect that small business or labor surplus area set-asides may be involved in some of the procurements, and that the determination of the applicability of these factors can be made only at the time that procurement action is initiated.

(i) Each release shall contain the name or description of the item, and the estimated quantity to be purchased by calendar quarter, fiscal year, or other period. It may also contain such additional information as the number of units last purchased, the unit price, and the name of the last supplier.

[35 FR 3070, Feb. 17, 1970]

§ 1-1.1006-4 Commerce Business Daily an

nouncements.

(a) General. In addition to the publication of estimates as provided in § 11.1006-3, further publication, where consistent with the needs of the individual case, shall be accomplished by announcements in the Synopsis reflecting the fact that long-range procurement estimates have been published and are obtainable, on request, from the issuing organization.

(b) Preparation and transmittal. Activities publishing long-range procurement estimates shall, in accordance with § 1-1.1006-4(a), publicize them in the Synopsis by forwarding to the address listed in § 1-1.003-7(a)(2), an announcement reflecting the fact that a long-range procurement estimate has been published and citing the address of the office from which a copy of the estimate can be obtained. Each announcement should identify the commodity and buying office concerned, designate the presumptive date of buying, and state that the estimates are subject to review and are in no way binding on the Government.

[35 FR 3071, Feb. 17, 1970; 35 FR 3284, Feb. 21, 1970]

§ 1-1.1007 Agency responsibility for conformance with synopsizing program. Each agency shall be responsible for full compliance with the synopsizing procedures of this Subpart 1-1.10. Periodic verification should be made by a central authority within the

agency to ensure that procuring activities are forwarding all required synopses in a complete, timely, and uniform manner to the Commerce Business Daily. Full cooperation should be extended to Department of Commerce personnel with respect to such monitoring and review of agency synopsizing operations as the Commerce Business Daily staff may undertake.

[35 FR 3071, Feb. 17, 1970]

§ 1-1.1008 Government commercial or industrial-type activities.1

[46 FR 46931, Sept. 23, 1981]

Subpart 1-1.11—Qualified Products

§ 1-1.1101 Procurement of qualified products.

(a) Whenever qualified products are to be procured only bids or proposals offering products which have been qualified prior to the opening of advertised bids or the award of negotiated contracts shall be considered in making an award. Manufacturers having products which have been qualified but which are not yet included on the qualified products list involved, should be given consideration and an opportunity to offer evidence of such qualification in the time interval before award must be made. (Other instructions concerning establishment of qualified products lists, qualification of products, etc., are contained in General Services Administration Regulation 1-VI, Part 2.)

(b) Whenever procurement of qualified products is to be made by formal advertising, the following provision shall be inserted in invitations for bids:

QUALIFIED PRODUCTS

With respect to products described in this invitation as requiring qualification, awards will be made only for such products as have, prior to the time set for opening of bids, been tested and approved for inclusion in the qualified products list identified below. Manufacturers who wish to have a product tested for qualification are urged to communicate with the officer designated below.

'See Temporary Regulation 63, Suppl. 1, in the appendix to Chapter 1 for temporary changes to § 1-1.1008.

Manufacturers having products not yet listed, but which have been qualified, are requested to submit evidence of such qualification with their bids, so that they may be given consideration.

[Identify the Qualified Products List involved and give the name and address of the office with which manufacturers should communicate.]

(c) The provision in § 1-1.1101(b) shall be appropriately modified and used in requests for proposals when procurement of qualified products is to be made by negotiation.

Subpart 1-1.12-Responsible Prospective Contractors

SOURCE: Subpart 1-1.12 appears at 36 FR 17419, Aug. 31, 1971, unless otherwise noted. § 1-1.1200 Scope of subpart.

This subpart prescribes policies concerning the responsibility of prospective contractors, minimum standards for responsible prospective contractors, requirements and procedures for the determination of responsibility, and policies regarding the determination of subcontractor responsibility.

§ 1-1.1201 Applicability.

(a) This subpart applies to all formally advertised or negotiated procurements made by executive agencies from contractors located in the United States, its possessions, or the Commonwealth of Puerto Rico. In addition, it applies to such procurements from contractors in other places, except where inconsistent with the laws and customs of the place where the prospective contractor is located. The subpart also applies to the procurement of automatic data processing equipment and related supplies and equipment by Federal agencies in the judicial and legislative branches, other than the Senate, the House of Representatives, and the Architect of the Capitol, as well as to the procurement of such equipment by executive agencies.

(b) This subpart does not apply to procurements from: (1) Other governments, including State and local governments or their instrumentalities, (2) other U.S. Government agencies or their instrumentalities (e.g., the Fed

eral Prison Industries, Inc.), or (3) the National Industries for the Blind.

§ 1-1.1202 General policy.

(a) Purchases shall be made only from, and contracts shall be awarded only to, responsible prospective contractors (see 41 U.S.C. 253(b) and 10 U.S.C. 2305(c)). A responsible prospective contractor is one who meets the standards set forth in §§ 1-1.1203-1 and 1-1.1203-2 and such special standards as may be prescribed in accordance with § 1-1.1203-3.

(b) The award of a contract to an offeror solely on the basis of the lowest evaluated price is a disservice to the Government if subsequently the contractor defaults, is late in his deliveries, or otherwise performs unsatisfactorily, with the result that the Government incurs additional procurement or administrative costs, and acceptable supplies or services may not be furnished within the time required. Such awards are also unfair to other offerors who are capable of satisfactory performance and tend to discourage them from submitting bids or proposals on future procurements.

(c) While it is important that purchases be made on the basis of offers which are most advantageous to the Government, price and other factors considered, this does not require an award to an offeror solely because he submits the lowest bid or offer. A prospective contractor must affirmatively demonstrate his responsibility and, when necessary, the responsibility of his proposed subcontractors.

(d) A determination of nonresponsibility shall be made by the contracting officer if, after compliance with §§ 11.1205 and 1-1.1206, the information obtained does not indicate clearly that the prospective contractor is responsible. Recent unsatisfactory performance regarding either quality or timeliness of delivery, whether or not default proceedings were instituted, is an example of a problem which the contracting officer must consider and resolve as to its impact on the current procurement prior to making an affirmative determination of responsibility. Where a contracting officer has doubts regarding the productive capacity or financial strength of a prospec

re

(a) Have adequate financial sources, or the ability to obtain such resources as required during performance of the contract;

(b) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing business commitments, commercial as well as governmental;

(c) Have a satisfactory record of performance. Contractors who are or have been seriously deficient in current or recent contract performance, when the number of contracts and the extent of deficiency of each are considered (in the absence of evidence to the contrary or circumstances properly beyond the control of the contractor) shall be presumed to be unable to meet this requirement. Past unsatisfactory performance will ordinarily be sufficient to justify a finding of nonresponsibility;

(d) Have a satisfactory record of integrity and business ethics;

(e) Have a certificate of competency and/or a determination of eligibility from SBA if the prospective contractor is a small business concern and is determined to be nonresponsible and/ or ineligible by the contracting officer (see §§ 1-1.701-7 and 1-1.708); and

(f) Be otherwise qualified and eligible to receive an award under applicable laws and regulations; e.g., see Subpart 1-12.8.

[36 FR 17419, Aug. 31, 1971, as amended at 43 FR 26010, June 16, 1978]

§ 1-1.1203-2 Additional standards.

(a) In addition to the standards in § 1-1.1203-1, where procurements involve production, maintenance, con