[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR3.103-2]



[Page 41-42]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 3_IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST--Table of Contents

 

                         Subpart 3.1_Safeguards

 

Sec. 3.103-2  Evaluating the certification.



    (a) Evaluation guidelines. (1) None of the following, in and of 

itself, constitutes disclosure as it is used in subparagraph (a)(2) of 

the Certificate of Independent Price Determination (hereafter, the 

certificate):

    (i) The fact that a firm has published price lists, rates, or 

tariffs covering items being acquired by the Government.

    (ii) The fact that a firm has informed prospective customers of 

proposed or pending publication of new or revised price lists for items 

being acquired by the Government.

    (iii) The fact that a firm has sold the same items to commercial 

customers at the same prices being offered to the Government.

    (2) For the purpose of subparagraph (b)(2) of the certificate, an 

individual may use a blanket authorization to act as an agent for the 

person(s) responsible for determining the offered prices if--

    (i) The proposed contract to which the certificate applies is 

clearly within the scope of the authorization; and



[[Page 42]]



    (ii) The person giving the authorization is the person within the 

offeror's organization who is responsible for determining the prices 

being offered at the time the certification is made in the particular 

offer.

    (3) If an offer is submitted jointly by two or more concerns, the 

certification provided by the representative of each concern applies 

only to the activities of that concern.

    (b) Rejection of offers suspected of being collusive. (1) If the 

offeror deleted or modified subparagraph (a)(1) or (a)(3) or paragraph 

(b) of the certificate, the contracting officer shall reject the 

offeror's bid or proposal.

    (2) If the offeror deleted or modified subparagraph (a)(2) of the 

certificate, the offeror must have furnished with its offer a signed 

statement of the circumstances of the disclosure of prices contained in 

the bid or proposal. The chief of the contracting office shall review 

the altered certificate and the statement and shall determine, in 

writing, whether the disclosure was made for the purpose or had the 

effect of restricting competition. If the determination is positive, the 

bid or proposal shall be rejected; if it is negative, the bid or 

proposal shall be considered for award.

    (3) Whenever an offer is rejected under subparagraph (1) or (2) 

above, or the certificate is suspected of being false, the contracting 

officer shall report the situation to the Attorney General in accordance 

with 3.303.

    (4) The determination made under subparagraph (2) above shall not 

prevent or inhibit the prosecution of any criminal or civil actions 

involving the occurrences or transactions to which the certificate 

relates.



[48 FR 42108, Sept. 19, 1983, as amended at 55 FR 25526, June 21, 1990]