signment made in terms of the life of a specific contract, in which case a separate rescission instrument would not be required).

(c) In view of the high degree of individual responsibility and authority vested in contracting officers, care shall be exercised to insure that only well qualified individuals are appointed or designated and retained in such positions. Accordingly, the performance of their duties as contracting officers is subject to continuing review and evaluation. § 5-1.5303 General authority of contracting officers.

A contracting officer is authorized to enter into, modify, and take other appropriate action with respect to contracts, within the limits of his prescribed duties and authority.

§ 5-1.5304 General responsibility of contracting officers.

(a) Contracting officers are primarily responsible for assurance that contracts are authorized by law, for the execution and administration of contracts, for safeguarding the interest of the United States in contractual relationships, and for determining the facts under contracts.

(b) Contracting officers shall personally sign all contracts and modifications entered into by them. The signing of original contractual documents shall not be accomplished by facsimile stamps or by proxy. However, the use of reproduced signatures on reproduced copies after the contracting officers have manually signed the master and other originals, is acceptable.

(c) Contracting officers are responsible for the legal, technical, and administrative sufficiency of the contracts they make. To this end, they shall secure necessary legal, technical, and financial advice within GSA.

(d) Contracting officers are responsible for assuring contract compliance on the part of the contractor.

§ 5-1.5305 Contracting officers' representatives.

(a) Any properly qualified Government employee or group of employees, or a firm or individual under contract to the Government for this purpose, may be designated to act as the authorized representative of a contracting officer. Such designation shall be in writing and shall define the scope and limitations of the authorized representative's authority.

(b) A designation authorized by this § 5-1.5305 may be made by instructions referring to particular contractual instruments or categories of instruments and may empower the authorized representative to take any or all action thereunder which could lawfully be taken by the contracting officer to the extent not specifically prohibited by the terms of the contractual instrument involved or this § 5-1.5305. In no event shall an authorized representative, by virtue only of his designation as such, be empowered to execute or agree to any contract or modification thereof; such powers must be specifically included as a part of, or supplemental to, the designation.

(1) A contracting officer may empower his authorized representative, without redelegation of contracting authority, to issue change orders within the general scope of the contract although such change orders should not ordinarily involve a change in unit price, total contract price, quantity, quality, or delivery schedule.

(2) A contracting officer may assign administration of a specific contractual instrument to another contracting officer, provided the assignee contracting officer's delegated authority permits, and the contractor shall be so notified. Such an assignment shall define the extent to which part or all of the original contracting officer's authority is transferred but shall not pass on to the successor any authorities which would exceed the limitations imposed on the successor by existing directives.

(a) All reasonable assistance shall be rendered to concerns desiring to supply their products and services to the Federal Government on either a prime contract or subcontract basis. This will include (1) consideration of the items with respect to all current and potential operational and program requirements of all GSA operating services and staff offices, and (2) advice concerning potential needs outside GSA and assistance in contacting other agencies.

(b) Each applicant desiring to supply a product may, as appropriate, be required to furnish physical characteristics, performance characteristics, chemical composition, and such other data as may be required to (1) test and inspect the product; (2) develop specifications; (3) advise agencies concerning use of the product; and (4) identify the product for stock numbering and cataloging purposes.

(c) No applicant shall be compelled to assist in the development of data to show actual or potential Government demand for his products or services as a prerequisite to consideration or acceptance by GSA.

As used in this subpart, the following terms shall have the meanings set forth: (a) "Item" means either a product or a service.

(b) A "similar item" means an item having the same general characteristics and end use as another item currently included in the GSA supply system.

(c) A "competitively similar item" means an item which is comparable to other items currently being supplied and is deemed to meet the applicable specification requirements.

(d) A "new item" means an item which (1) is not a competitively similar item, or (2) is similar to an item being purchased but exceeds specification requirements to the degree that the supplier could not reasonably be expected to submit competitive quotations.

§ 5-1.5403

Initial referral of inquiries.

All business inquiries presenting items for consideration by GSA, which are received by other than a Business Service Center, shall be referred promptly to the Business Service Center serving the GSA organizational element which received the inquiry.

§ 5-1.5404 Processing of inquiries.

Upon receipt of inquiries, the Business Service Center shall provide the inquirers appropriate counseling on doing business with GSA and other Federal agencies and shall take the following action with respect to the item presented:

(a) When it is readily apparent that the item presented is competitively similar to types currently included in the GSA supply system, the Business Service Center shall so advise the inquirers and provide them the appropriate bidders mailing list application forms and such instructions or specification information as will permit the preparation and submission of bids or offers.

(b) When the item appears to be a new item, the Business Service Center shall furnish the inquirer at least four copies of GSA Form 1171, Application for Presenting New or Improved Articles, and request its completion and return in triplicate.

(c) In cases where the nature and usage of the item presented is such that procurement by GSA is not likely, the Business Service Center shall so advise the inquirers and shall provide appropriate counseling with respect to potential procurement of such item by other agencies.

§ 5-1.5405

Processing of completed application forms.

(a) Completed new item application forms shall be referred to the Business Service Center for review and appropriate action. The Business Service Center shall:

(1) Assign a control number to each application processed and maintain records which will enable the Business Service Center to provide the Director of Business Services and Small Business, Central Office, a monthly report of all applications which are pending 60 days or more from the date of transmittal to the Central Office. A new series of control numbers shall be established at the beginning of each fiscal year for applications received during that year. Each

annual series shall be in numerical sequence and shall identify the processing region and the fiscal year in which the applications are received and processed. For example, number R5-64-1 would be the number assigned to the first application processed by Region 5 during fiscal year 1964.

(2) Transmit the original and one copy of the application to the Production Control Staff, Procurement Operations Division, Federal Supply Service, Central Office.

(b) Upon receipt of GSA Form 1171, Application for Presenting New or Improved Articles, from the Business Service Center, the Procurement Operations Division shall:

(1) Objectively evaluate the uses and, in collaboration with the Office of Standards and Quality Control, the merits of the items presented. In cases in which the Office of Standards and Quality Control determine that insufficient technical information is available for accurate evaluation of the product, the applicant shall be requested to provide technical specifications (not sales literature). Also, the applicant shall be required to submit specific test data when the Office of Standards and Quality Control determines that such data are required. These determinations as to the need for additional technical or test data shall be made as early as possible in the evaluation process.

(2) Determine the need for and acceptability of the item (considering the requirements of other GSA services as well) in connection with GSA's overall national operational and program responsibilities. In determining the need for and acceptability of the item in connection with overall national operational and program responsibilities, the Procurement Operations Division shall determine whether the article should or should not be included in the GSA supply system. This determination may be with or without consultation with other Federal agencies. Factors for consideration include, but are not limited to, the following:

(i) The criteria for determining method of supply;

(ii) Number of Federal agencies expressing an interest in the article, including other GSA services;

(iii) Significant requirement volume, including the potential dollar volume of sales annually;

(iv) Health and safety factors;

(vii) Technical specifications and/or test data.

(3) Provide interim advice to the applicant, if appropriate. Whenever final determination on acceptance or rejection of an item will involve submission of additional technical data or technical evaluation, such as testing by the Government, and arrangements for such technical evaluation cannot be completed within 30 days, the applicant shall be so advised by letter, a copy of which shall be forwarded to the Director, Business Services and Small Business, Central Office.

(4) Accept the item for inclusion in Federal supply system. When, in accordance with the criteria set forth in Subpart 5A-1.71, a determination is made to accept the item as a GSA stores stock item, a Federal Supply Schedule item, or a consolidated purchase item for direct delivery to use points (i.e., as an FSS program item), the applicant shall be notified promptly by letter of such determination. A copy of the letter shall be furnished to the Business Service Center which initially evaluated the item. Subsequently, the Procurement Operations Division shall, as appropriate, take the following actions:

(i) Estimate the quantity that may be needed;

(ii) Furnish all descriptive, technical and test data to the Standardization Division with request for purchase description or specification;

(iii) Request the Standardization Division to assign a Federal stock number; and

(iv) Where applicable, initiate action to add the item to the appropriate Federal Supply Schedule, GSA stores stock, or the consolidated purchase program.

(5) Conditionally accept the item.

(i) Where the Procurement Operations Division determines that a new item has potential, action may be initiated to use one or more retail stores as a proving ground. In such a case, the Procurement Operations Division, with the concurrence of supply distribution activity, will make appropriate recommendations to the Buying Divisions at the regions involved and coordinate with the regional supply distribution activities in the selection of the retail stores to be used, and furnish

source information and pertinent instructions to the appropriate regional Buying Divisions.

(ii) When an item appears to be appropriate for use by Federal agencies but there is uncertainty as to whether sufficient Government-wide demand exists to warrant its immediate inclusion in the GSA supply system on a centralized basis, a Federal stock number shall be assigned for the item. Where appropriate, the supplier shall be counseled as to which of the Federal agencies would be most likely to be interested in procuring the item. Subsequently (after approximately one year), the Procurment Operations Division will ascertain the extent of Government use of the item and determine whether it should be continued in the GSA supply system and, if so, the method of supply.

(iii) When items are of the type not normally procured on a prime contract basis, but appear to have merit for use either as components of prime contracts or as subcontract items, they shall be referred to the appropriate operating area of GSA in order that consideration be given to the development of new specifications, or the modification of existing ones which would allow their use.

(6) Reject the item. Where it is determined that there is no Government potential for the item, the applicant shall be so notified. When the item has not been accepted into the GSA supply system, the applicant shall be informed of the reason for nonacceptance. Advice of nonacceptance shall, where appropriate, contain a statement that other Federal agencies having need for the item may seek procurement through appropriate contracting facilities.

(7) Advise each applicant in writing of the action taken. Advise the Business Service Center in which the application originated of final disposition by providing that activity with a copy of the letter to the applicant.

Subpart 5-1.55-Publicizing Special Hiring Programs

SOURCE: The provisions of this Subpart 5-1.55 appear at 34 F.R. 6192, Apr. 5, 1969, unless otherwise noted.

§ 5-1.5500 Scope of subpart.

This subpart establishes a procedure to be followed in invitations for bids and requests for proposals for publicizing special hiring programs sponsored by the

Government and private industry which are available to Government contractors. § 5-1.5501 Descriptions of programs.

The special hiring programs about which this subpart is concerned are:

(a) War on Poverty Programs. These programs comprise the Job Corps Placement Program of the Office of Economic Opportunity and the Neighborhood Youth Corps Program of the Department of Labor. Their objective is to help young people and adults to become productive, self-supporting citizens through training, education, and job placement.

(b) President's Youth Opportunity Campaign. This program is sponsored by the President's Council on Youth Opportunity, Department of Commerce. Its objective is to secure jobs for youth during summer months.

(c) "JOBS" Program. This program, also known as the President's Job Opportunities in the Business Sector Program, is a partnership between Government and private industry. Its objective is to train and hire the hardcore unemployed and find productive summer jobs for needy youth. Private industry is represented by the National Alliance of Businessmen, established as a working group of the Nation's leading business executives to operate the program.

§ 5-1.5502 Procedure.

The contracting officer shall include one copy of GSA Form 1714B, Announcements Publicizing Special Hiring Programs, as a flyer with all invitation for bid or request for proposal mailings issued for the procurement of personal property and nonpersonal services (including construction). Since this form publicizes the programs described in § 5-1.5501 and does not constitute a contract requirement, it should not be physically attached to the invitation.

Financial considerations, including necessary clearance requirements, pertaining to procurements by formal advertising are set forth in § 5-30.212. In the development of financial terms and conditions, including insurance provisions, for invitations for bids and resultant contracts, procuring activities shall utilize the technical advice and assistance of the appropriate finance office (see § 5-30.212(a) (4)). In addition, the policies and procedures contained in Subparts 1-10.3 and 5-10.3 should be closely followed with respect to insurance requirements.

[33 F.R. 9547, June 29, 1968]

§ 5-2.201-57 Publicizing special hiring programs.

All invitations for bids issued for the procurement of personal property and nonpersonal services (including construction) shall include GSA Form 1714B, Announcements Publicizing Special Hiring Programs, as set forth in Subpart 5-1.55.

[34 F.R. 6192, Apr. 5, 1969]

§ 5-2.202 Miscellaneous rules for solicitation of bids.

[25 F.R. 5573, June 21, 1960]

§ 5-2.202-50 Postponement of bid openings.

(a) Whenever such action is determined by the contracting officer to be in the best interest of the Government, bid openings may be postponed by issuance and distribution ot all prospective bidders of an amendment (see § 1-2.207 of this title) to the invitation for bids. Notices of postponement shall be issued by mail or telegraph as early as possible and prior to the time specified for the opening of bids. However, when emergencies or unanticipated events of the type referred to in paragraph (c) of this § 5-2.202-50 occur, and the use of normal bid postponement procedures is impracticable, bid openings may be postponed without prior notice to prospective bidders. The new time and date set for the opening of bids shall be as soon thereafter as practicable. Where circumstances will permit, prior notice of the new time and date set for the opening of bids shall be given to all prospective bidders originally solicited.

(b) Bid openings shall be postponed when an important segment of prospective bidders requests additional time for filing their bids, or the contracting officer is on notice, or has reason to believe, that the specific opening date is not appropriate or is not conducive to the maximum practicable competition.

(c) Bid openings may be postponed, if determined by the contracting officer to be in the best interest of the Government, when an emergency interrupts the normal governmental processes so as to make the conduct of bid openings as scheduled impracticable, or when the contracting officer has reason to believe that the bids of an important segment of bidders have been delayed in the mails for causes beyond their control, and without fault or negligence of the bidders