Procurer

“ In all negotiated procurements in excess of $2,500 in which rates or prices are not fixed by law or regulation and in which time of delivery will permit, proposals shall be solicited from the maximum number of qualified sources consistent with the nature and requirements of the supplies or services to be procured, and written or oral discussions shall be conducted with all responsible offerors who submit proposals within a competitive range, price, and other factors considered. ”

“ Those large items which experience proves can best be bought for all by the director of purchases, are so purchased under blanket contracts. For those items the local purchasing agent becomes an ordering agent. The point of it all is that no iron clad rule is laid down. Because some items can best be purchased in bulk, it does not follow that local administration should be hampered by requiring all items to be so procured. ”

“ When the works concessionaire is not a contracting authority, such works concessionaire shall, when conducting procurement activities having as their object the award to a third party of a contract having an estimated value in excess of 100,000 Euros, conduct such activities in compliance with the provisions of the present law in the same manner as that required of a contracting authority. A works concessionaire shall comply with Sections 15-17 of the present law when estimating the value of its contracts. ”

“ In any case in which a small-business concern or group of such concerns has been certified by or under the authority of the Administration to be a competent Government contractor with respect to capacity and credit as to a specific Government procurement contract, the officers of the Government having procurement powers are directed to accept such certification as conclusive, and are authorized to let such Government procurement contract to such concern or group of concerns without requiring it to meet any other requirement with respect to capacity and credit. ”

“ For each proposed public contract, other than a minimal value contract, a contracting authority shall draw up a tender dossier providing all relevant information on the concerned contract, including all material terms and conditions thereof, the applicable procurement procedure, any applicable eligibility requirements or selection criteria, the procedure governing complaints and such other information as the present law may require or the contracting authority deems necessary. ”

“ Acquisition begins at the point when agency needs are established and includes the description of requirements to satisfy agency needs, solicitation and selection of sources, award of contracts, contract financing, contract performance, contract administration and those technical and management functions directly related to the process of fulfilling agency needs by contract. ”

“ Designate a Procurement Executive with agency-wide responsibility to oversee development of procurement systems, evaluate system performance in accordance with approved criteria, enhance career management of the procurement work force, and certify to the agency head that procurement systems meet approved criteria. ”

“ Unless a procuring entity determines that it is not in the public interest to award a contract, it shall award the contract to the supplier that the procuring entity has determined to be fully capable of fulfilling the terms of the contract and that, based solely on the evaluation criteria specified in the notice and tender documentation, submits:
(a) the most advantageous tender; or (b) if price is the sole criterion, the lowest price. ”

“ IN GENERAL- Before awarding a contract or grant in excess of the simplified acquisition threshold under section 4 (11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403 (11) ) , the Federal agency official responsible for awarding the contract or grant shall review the database and shall consider all information in the database with regard to any offer or proposal, and, in the case of a contract, shall consider other past performance information available with respect to the offeror in making any responsibility determination or past performance evaluation for such offeror. ”

“ Authority to buy for a principal a single article of merchandise by one contract, or to buy several articles from a person named, is a special agency, but authority to make purchases from any persons with whom the agent may choose to deal, or to make an indefinite number of purchases, is a general agency. And it is not the less a general agency because it does not extend over the whole business of the principal. A man may have many general agents-one to buy cotton, another to buy wheat, and another to buy horses. ”

“ No procuring entity shall prepare or design a procurement, or otherwise structure or divide a procurement into separate procurements in any stage of the procurement, or use a particular method to estimate the value of a procurement, in order to avoid the obligations of this Chapter. ”

“ In order to promote fair, open and impartial procurement procedures, each Party shall adopt and maintain bid challenge procedures for procurements covered by this Chapter in accordance with the following:
(a) each Party shall allow suppliers of any good or service of another Party to submit bid challenges concerning any aspect of the procurement process, which for purposes of this Article begins after an entity has decided on its procurement requirement, leading up to and including the contract award ”

“ A procuring entity shall not seek or accept, in a manner that would have the effect of precluding competition, advice that may be used in the preparation or adoption of any technical specification for a specific procurement from a person that may have a commercial interest in the procurement. ”

“ To ensure optimum effective competition between the suppliers of all Parties under selective tendering procedures, an entity of a Party shall, for each procurement, invite tenders from the maximum number of domestic suppliers and suppliers of the other Parties, consistent with the efficient operation of the procurement system. ”

“ It held that employees who are engaged in the procurement or receipt of goods from other states are 'engaged in commerce' within the meaning of § 6 (a) and § 7 (a) of the Act. (2) It also held that where respondent 'takes an order' from a customer and fills it outside the state and the goods are shipped interstate 'with the definite intention that those goods be carried at once to that customer, and they are so carried, the whole movement is interstate' and the entire work of delivery to their final destination is an employment 'in commerce'. ”

“ Heads of executive departments and agencies ("agencies") engaged in the procurement of supplies and services shall prescribe administrative procedures for the resolution of protests to the award of their procurement contracts as an alternative to protests in fora outside the procuring agencies. Procedures prescribed pursuant to this order shall:
(a) emphasize that whenever conduct of a procurement is contested, all parties should use their best efforts to resolve the matter with agency contracting officers ”

“ Moreover, each contract market has some control over warehouses in which or out of which any commodity is deliverable on any contract for future delivery made on or subject to the rules of the contract market. Thus the contract market must require the warehouse operators 'to make such reports, keep such records, and permit such warehouse visitation' as the Secretary may prescribe. § 5a (3) . All rules and regulations of a contract market, and all changes and proposed changes, must be filed with the Secretary. ”

“ Commission merchants receive and sell goods belonging to others for a compensation called a commission. A selling agent is a person who represents a manufacturing establishment in its dealings with the trade. The factory may be located in a small town, while the selling agent has his office and samples in the heart of a great city. As regards the quantity of goods bought or sold in a single transaction, trade is divided into wholesale and retail. The wholesale dealer sells to other dealers, while the retail dealer sells to the consumer—that is, the person who consumes, or uses, the goods. ”

“ The wholesale trade is conducted by three classes of persons: dealers or merchants, commission men, and brokers. The dealer is one who buys the goods outright and takes his own risk on making a favorable sale to the retailer. The commission man is one who receives the goods, sells them at such price as he may be able to obtain and remits to the seller the amount obtained less expenses and his commission. The broker is a man who effects a sale without coming in contact in any way with the materials sold. ”

“ Any entity that uses a notice of planned procurement as an invitation to participate shall subsequently invite suppliers that have expressed an interest in the procurement to confirm their interest on the basis of information provided by the entity, which information shall include at least the information referred to in paragraph 2. ”

“ In the matter of buying, the result depends entirely upon the purchasing agent, and this position must necessarily be occupied by a man of honor and integrity, coupled with a reasonable amount of shrewdness and aptitude for such business. As this department covers to a greater or less degree pretty much all the known branches of trade, the buyer cannot, under ordinary circumstances, thoroughly master the whole field as an expert ”

“ Hence, buying cannot be considered as a business activity by itself, but as one dependent upon the sales activities and the financial resources of the business.
Organization for Buying.—In large merchandising businesses the duties and authority of the buying department are not uniform. In some, this department is organized entirely distinct from the selling department; in others (and this is particularly true of the large department stores) , the buyer is head merchandise man with control over the selling activities of the business. ”

“ A good, honest broker or commission merchant is probably the most satisfactory channel for handling large quantities of kernels. He is acquainted with actual prices and market conditions, as well as a large list of possible customers. His customers are usually commercial consumers, though he also sells wholesale supply houses. His commission is usually 3 per cent. ”

“ The roomy drawers of a bureau answer admirably and find accommodation for the photographs as well. (Plate XIII)
My first enquiry was made of a dealer I will call A, who informed me that bureaux were very scarce, but as he attended most sales he would be on the look out and do his best. I then went to another dealer and told him of my intention, and asked him would he sell my flat-top oak desk? Certainly he would, there was a mahogany bureau to be sold at a sale the very next day and he would buy it for me if I would give him a commission. ”

“ In such event, the contracting authority shall, if it still desires to procure the concerned goods or services, initiate a new procurement activity for such goods or services. 35.9 An economic operator may submit only one price quotation during the concerned procurement activity. ”

“ As in every other branch of public service, successful purchasing depends primarily on exact information, relating in this case, to standards of utility of various articles, the present and the probable future state of the market, the exact condition of present supplies, the honest fulfillment of contracts. ”

“ As orders are distributed among the buyers, they are charged with the number received, and are individually held responsible for all orders while in their possession. In some cases buyers are not used, but orders are copied on requisition sheets, and sent to the different departments to be filled; but where a large retail business is done, the method of using buyers is largely adopted. The buyers' duties are many, and a great deal depends upon their ability and skill. ”

“ When a contracting authority intends to conduct a procurement using open or restricted procedures or negotiated procedures after the publication of a contract notice, the contracting authority shall prepare a contract notice in the languages required by Section 12. ”

“ In order to ensure economy and efficiency in government procurement, the head of each Executive agency and Military Department shall ensure that their contracts incorporate, on and after January 1, 1979, a clause which requires compliance by the contractor, and by his subcontractors and suppliers, with the standards set forth in Section 1-102 of this Order. ”

“ A procuring entity shall promptly inform suppliers that have submitted a tender of the contract award decision. The procuring entity may do so in writing or through the prompt publication of the notice in paragraph 3, provided that the notice includes the date of award. If a supplier has requested the information in writing, the procuring entity shall provide it in writing. ”

“ A procuring entity shall promptly reply to any reasonable request for relevant information by an interested or participating supplier, provided that the information does not give that supplier an advantage over other suppliers. ”

“ Any significant information given by an entity to one supplier with respect to a particular procurement shall be given simultaneously to all other suppliers concerned and sufficiently in advance so as to provide all suppliers concerned adequate time to consider such information and to respond to it. ”

“ The officers of the government on the one part, and the importer or his agent on the other, are brought into communication and intercourse by the act of entry of the import, and opportunities for explanation easily occur for every difference that may arise. ”

“ Purchases of and contracts for property or services covered by this chapter shall be made by formal advertising. However, the head of an agency may negotiate such a purchase or contract, if-
' (12) the purchase or contract is for property or services whose procurement he determines should not be publicly disclosed because of their character, ingredients, or components.'
It further provides in 10 U.S.C. § 2306, 10 U.S.C.A. § 2306:
' (a) The cost-plus-a-percentage-of-cost system of contracting may not be used. ”