(c) Page 3 of Standard Form 32. STANDARD FORM 32 JUNE 1964 EDITION to and accepted by the Government shall be at the contract price. Payment for manufacturing materials delivered to and accepted by the Government and for the protection and preservation of property shall be in an amount agreed upon by the Contractor and Contracting Officer; failure to agree to such amount shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." The Government may withhold from amounts otherwise due the Contractor for such completed supplies or manufacturing materials such sum as the Contracting Officer determines to be necessary to protect the Government against loss because of outstanding liens or claims of former lien holders. (e) If, after notice of termination of this contract under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, or that the default was excusable under the provisions of this clause, the rights and obligations of the parties shall, if the contract contains a clause providing for termination for convenience of the Government, be the same as if the notice of termination had been issued pursuant to such clause. If, after notice of termination of this contract under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, and if this contract does not contain a clause providing for termination for convenience of the Government, the contract shall be equitably adjusted to compensate for such termination and the contract modified accordingly; failure to agree to any such adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." (f) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. 12. DISPUTES (a) Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement sha decided by the Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish серл thereof to the Contractor. The decision of the Contracting Officer shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Top actor mails or otherwise furnishes to the Contracting Office a written appeal addressed to the Secretary.e decision of the Secretary or his duly authorized representative for the determination of such appeals so be final and coclusive unless determined by of competent risdiction to have been fraudulent, or wpricious, arbitrary, or so grossly erroneous as necessarily to ply bad faith, or not supported by substantial evidence. connection with any appeal proceeding under the cause, the Contractor shall be afforded an opportu o be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the contract and in accordance with the Contracting Officer's decision. (b) This "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph (a) above: Provided, That nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law. 13. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT The provisions of this clause shall be applicable only if the amount of this contract exceeds $10,000. (a) The Contractor shall report to the Contracting Officer, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of this contract of which the Contractor has knowledge. (b) In the event of any claim or suite against the Government on account of any alleged patent or copyright infringement arising out of the performance of this contract or out of the use of any supplies furnished or work or services performed hereunder, the Contractor shall fumish to the Govemment, when requested by the Contracting Officer, all evidence and information in pos'session of the Contractor pertaining to such suit or STANDARD FORM 32 JUNE 1964 EDITION 8 claim. Such evidence and infomation shall be furnished at the expense of the Govemment except where the Contractor has agreed to indemnify the Govemment. 14. BUY AMERICAN ACT (a) In acquiring end products, the Buy American Act (41 U.S. Code 10 a-d) provides that the Government give preference to domestic source end products. For the purpose of this clause: (i) "components" means those articles, materials, and supplies, which are directly incorporated in the end products; (ii) "end products" means those articles, materials, and supplies, which are to be acquired under this contract for public use; and (iii) a "domestic source end product" means (A) an unmanufactured end product which has been mined or produced in the United States and (B) an end product manufactured in the United States if the cost of the components thereof which are mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. For the purposes of this (a) (iii) (B), components of foreign origin of the same type or kind as the products referred to in (b) (ii) or (iii) of this clause shall be treated as components mined, produced, or manufactured in the United States. (b) The Contractor agrees that there will be delivered under this contract only domestic source end products, except end products: (i) which are for us outside the United States; (ii) which the Gonment determines are not mined, produced, or mactured n the United States in sufficient and reson availab commercial quantities and. of a satisfactory quality (iii) to when the Se tar determines the domestic preference to be in onsite with the public interest; or as to which the fetary determines the cost to he Government be resonable. (The repin equirements are administered in accorde with Eut Order No. 10582. dated December 17, IM COMCT LABOR I connection with the performance of work under this ontract, the Contractor agrees not to employ any person undergoing sentence of imprisonment at hard labor. 16. CONTRACT WORK HOURS STANDARDS ACT-OVERTIME COMPENSATION This contract, to the extent that it is of a character specified in the Contract Work Hours Standard Act (40 U.S. C. 327-330), is subject to the following provisions and to all other applicable provisions and exceptions of such Act and the regulations of the Secretary of Labor thereunder. (a) Overtime requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any laborer or mechanic in any workweek in which he is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek on work subject to the provisions of the Contract Work Hours Standards Act unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all such hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is the greater number of overtime hours. (b) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the provisions of paragraph (a), the Contractor and any subcontractor responsible therefor shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the provisions of paragraph (a) in the sum of $10 for (d) Page 4 of Standard Form 32. each calendar day on which such employee was required or permitted to be employed on such work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by paragraph (a). (c) Withholding for unpaid wages and liquidated damages. The Contracting Officer may withhold from the Government Prime Contractor, from any moneys payable on account of work performed by the Contractor or subcontractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the provisions of paragraph (b). (d) Subcontracts. The Contractor shall insert paragraphs (a) through (d) of this clause in all subcontracts, and shall require their inclusion in all subcontracts of any tier. (e) Records. The Contractor shall maintain payroll records containing the information specified in 29 CFR 516.2(a). Such records shall be preserved for three years from the completion of the contract. 17. WALSH-HEALEY-PUBLIC CONTRACTS ACT If this contract is for the manufacture or furnishing of materials, supplies, articles, or equipment in an amount which exceeds or may exceed $10,000 and is otherwise subject to the Walsh-Healey Public Contracts.Act, as amended (41 U.S. Code 35-45), there are hereby incorporated by reference all representations and stipulations required by said Act and regulations issued thereunder by the Secretary of Labor, such representations and stipulations being subject to all applicable rulings and interpretations of the Secretary of Labor which are now or may hereafter be in effect. (The following clause is applicable unless this contract is exempt under the rules and regulations of the President's Committee on Equal Employment Opportunity (41 CFR, Chapter 60). Exemptions include contracts and subcontracts (i) not exceeding $10,000, (ii) not exceeding $100.000 for standard commercial supplies or raw materials, and (iii) under which work is performed outside the United States and no recruitment of workers within the United States is involved.) During the performance of this contract, the Contrator agrees as follows: (a) The Contractor will not discriminate agst any em ployee or applicant for employment because of ce, creed color, or national origin. The Contractor tive action to ensure that applicants a mployed, and at employees are treated during mpment without gard to their race, creed, color, or national or Such action shall include, but not be limited to, the foli: employment, upgrading, demotion or transfer recurtment or recruitment advertising; layoff or termination rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this nondiscrimination clause. (b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. (c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency Contracting Officer, advising the said labor union or workers' representative of the Contractor's commitments under this nondiscrimination clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Contractor will comply with all provisions of Executive Order No. 10925 of March 6, 1961, as amended, and of the rules, regulations, and relevant orders of the President's Committee on Equal Employment Opportunity created thereby. (e) The Contractor will furnish all information and reports required by Executive Order No. 10925 of March 6, 1961, as amended, and by the rules, regulations, and orders of the said Committee. or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency 99-187-69-30 § 1-16.901-33 Standard Form 33, Solicitation, Offer, and Award. (a) Page 1 of Standard Form 33. 9. Sealed offers in original and copies for furnishing the supplies or services described in the Schedule will be received at the place specified in block 8, OR IF HAND-CARRIED, IN THE DEPOSITARY LOCATED IN until. (Time, Zone, and Date) If this is an advertised solicitation, offers will be publicly opened, at that time. CAUTION-LATE OFFERS. See par. 8 of Solicitation Instructions and Conditions. All offers are subject to the following: 3. The Schedule included below and/or attached hereto. In compliance with the above, the undersigned offers and agrees, if this offer is accepted within. calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered, at the price set opposite each item, delivered at the designated point(s), within the time specified in the Schedule. (b) Page 2 of Standard Form 33. REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGMENTS The Offeror represents and certifies as part of his offer that: (Check or complete all applicable boxes or blocks.) 1. SMALL BUSINESS (See par. 14 on SF 33A) PAGE 2 OF SF 33 Heis. is not, a small business concern. If offeror is a small business concern and is not the manufacturer of the supplies offered. he aiso represents that all supplies to be furnished hereunder will, will not, be manufactured or produced by a small business concern in the United States, its possessions, or Puerto Rico. 2. REGULAR DEALER-MANUFACTURER (Applicable only to supply contracts exceeding $10,000). He is a regular dealer in, manufacturer of, the supplies offered. 3. CONTINGENT FEE (See par. 15 on SF 334) (a) He has, has not, employed or retained any company or person (other than a full-time, bona fide employee working solely for the offeror) to solicit or secure this contract, and (b) he has, has not, paid or agreed to pay any company or person (other than a full-time, bona fide employee working solely for the offeror) any fee. commission, percentage, or brokerage fee contingent upon or resulting from the award of this contract; and agrees to furnish information relating to (a) and (b) above, as requested by the Contracting Officer. (For interpretation of the representation, including the term "bona fide employee." See Code of Federal Regulations, Title 41. Subpart 1-1.5.) 4. TYPE OF BUSINESS ORGANIZATION He operates as an individual, a partnership. a non profit organization, a corporation, incorporated under the laws of the State of 5. AFFILIATION AND IDENTIFYING DATA (1pplicable only to advertised solicitations.) Each offeror shall complete (a) and (b) if applicable, and (c) below: (a) He is, is not, owned or controlled by a parent company. (See par., 16 on SF 33A.) (b) If the offeror is owned or controlled by a parent company, he shall enter in the blocks below the name and main office address of the parent company: bcontract subject either to the Equal Opportunity clause herein or the clause or the clause contained in section 201 of Executive Order No. 11114; that representations indicating submission of required compliance reports, Subcontract awards. (The above representation need not be submitted in connection The offeror hereby certifies that each end product except the end products listed below, is a domestic source end product (as defined in the clause entitled "Buy America manufactured outside the United States. and that components of unknown origin have been considered to have been mined, produced, or 8. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION (See par. 18 on 33A.) (a) By submission of this offer, the offeror certifies, and in the case of a joint offer, each party thereto certifies as to its own organization, that in connection with this procurement: (1) the prices in this offer have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other offeror or with any competitor; (2) unless otherwise required by law, the prices which have been quoted in this offer have not been knowingly disclosed by the offeror and will not knowingly be disclosed by the offeror prior to opening in the case of an advertised procurement or prior to award in the case of a negotiated procurement, directly or indirectly to any other offeror or to any competitor; and (3) no attempt has been made or will be made by the offeror to induce any other person or firm to submit or not to submit an offer for the purpose of restricting competition. (b) Each person signing this offer certifies that: (1) he is the person in the offeror's organization responsible within that organization for the decision as to the prices being offered herein and that he has not participated. and will not participate, in any action contrary to (a) (1) through (a) (3) above; or (2) (1) He is not the person in the offeror's organization responsible within that organization for the decision as to the prices being offered herein but that he has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate. in any action contrary to (a) (1) through (a) (3) above, and as their agent does hereby so certify; and (ii) he has not participated, and will not participate, in any action contrary to (a) (1) through (a) (3) above. ACKNOWLEDGMENT OF AMENDMENTS The offeror acknowledges receipt of amendments to the Solicitation for Offers and related documents numbered and dated as follows: DATE AMENDMENT NO. DATE NOTE:--Offers must set forth full, accurate, and complete information as required by this Solicitation (including attachments).. The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. 33-125r. [31 F.R. 14742, Nov. 19, 1966] U.S. GOVERNMENT PRINTING OFFICE: 1956 OF-255-145-17-G) § 1-16.901-33A Standard Form 33A, Solicitation Instructions and Conditions. (a) Front of Standard Form 33A. STANDARD FORM 33A, JULY 1966 1. DEFINITIONS. As used herein: SOLICITATION INSTRUCTIONS AND CONDITIONS (a) The term "solicitation" means Invitation for Bids (IFB) where the procurement is advertised, and Request for Proposal (RFP) where the procurement is negotiated. (b) The term "offer" means bid where the procurement is advertised, and proposal where the procurement is negotiated. (c) For purposes of this solicitation and Block 2 of Standard Form 33, the term "advertised" includes Small Business Restricted Advertising and other types of restricted advertising. 2. PREPARATION OF OFFERS. (a) Offerors are expected to examine the drawings, specifications, Schedule, and all instructions. Failure to do so will be at the offeror's risk. (b) Each offeror shall furnish the information required by the solicitation. The offeror shall sign the solicitation and print or type his name on the Schedule and each Continuation Sheet thereof on which he makes an entry. Erasures or other changes must be initialed by the person signing the offer. Offers signed by an agent are to be accompanied by evidence of his authority unless such evidence has been previously furnished to the issuing office. (c) Unit price for each unit offered shall be shown and such price shall include packing unless otherwise specified. A total shall be entered in the Amount column of the Schedule for each item offered. In case of discrepancy between a unit price and extended price, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner as any other mistake. (d) Offers for supplies or services other than those specified will not be considered unless authorized by the solicitation. (e) Offeror must state a definite time for delivery of supplies or for performance of services unless otherwise specified in the solicitation. (1) Time, if stated as a number of days, will include Saturday Sundays and holidays. (g) Code boxes are for Government use only. 7. MODIFICATION OR WITHDRAWAL OF OFFERS. (a) If this solicitation is advertised, offers may be niodifiedor withdrawn by written or telegraphic notice received prior to the exact hour and date specified for receipt of offers. Án offer also may be withdrawn in person by an offeror or his authorized representative, provided his identity is made known and he signs a receipt for the offer, but only if the withdrawal is made prior to the exact hour and date set for receipt of offers. (However, see par. 8.) (b) If this solicitation is negotiated, offers may be modified (subject to par. 8, when applicable) or withdrawn by written or telegraphic notice received at any time prior to award. Offers may be withdrawn in person by an offeror or his authorized representative, provided his identity is made known and he signs a receipt for the offer prior to award. 8. LATE OFFERS AND MODIFICATIONS OR WITHDRAWALS. (This paragraph applies to all advertised solicitations. In the case of Department of Defense negotiated solicitations, it shall also apply to late offers and modifications (other than the normal revisions of offers by selected offerors during the usual conduct of negotiations with such offerors) but not to withdrawals of offers. Unless otherwise provided, this paragraph does not apply to negotiated solicitations issued by civilian agencies.) (a) Offers and modifications of offers (or withdrawals thereof, if this solicitation is advertised) received at the office designated in the station after the exact hour and date specified for receipt wind be considered unless: (1) they are received before awar is made; and either (2) they are sent by registered mail, My certifed qail for which an official dated post office stamp postmarky on the original Receipt for Certified Mail has been oblain by telegraph if authorized, and it is determined by the Government that the late receipt was due solely to delay in theas, or delay by the telegraph company, for which the offer was not responsible; or (3) if submitted by mail (or by legram if authorized) it is determined by the Government that he late receipt was due solely to mishandling by the Government after receipt at the Government installation; provided, that timely receipt at such installation is established upon examination of an appropriate date or time stamp (if any) of such installation, or of other documentary evidence of receipt (if readily available) within the control of such installation or of the post office serving it. However, a modification of an offer which makes the terms of the otherwise successful offer more favorable to the Government will be considered at any time it is received and may thereafter be accepted. ECIM 3. EXPLANATION TO OFFERORS. Any explanation desire writing and with sufficient time allowed for a reply to each offerors before the submission of their offers. Oral explanations Instructions given before the award of the contract wilo be binding. Any information given to a prospective offeror concerning a solicitation will be furnished to all prospective offerors as an amendment of the solicitation, if such information is necessary to offerors in submitting offers on the solicitation or if the lack of such information would be prejudicial to uninformed offerors. 4. ACKNOWLEDGMENT OF AMENDMENTS TO SOLICITATIONS. Receipt of an amendment to a solicitation by an offeror must be acknowledged (a) by signing and returning the amendment, (b) on the reverse of Standard Form 33, or (c) by letter or telegram. Such acknowledgment must be received prior to the hour and date specified for receipt of offers. 5. SUBMISSION OF OFFERS. (a) Offers and modifications thereof shall be enclosed in sealed envelopes and addressed to the office specified in the solicitation. The offeror shall show the hour and date specified in the solicitation for receipt, the solicitation number, and the name and address of the offeror on the face of the envelope. (b) Telegraphic offers will not be considered unless authorized by the solicitation; however, offers may be modified by telegraphic notice, provided such notice is received prior to the hour and date specified for receipt. (However, see par. 8.) (c) Samples of items, when required, must be submitted within the time specified, and unless otherwise specified by the Government, at no expense to the Government. If not destroyed by testing, samples will be returned at offeror's request and expense, unless otherwise specified by the solicitation. 6. FAILURE TO SUBMIT OFFER. If no offer is to be submitted, do not return the solicitation unless otherwise specified. A letter or postcard should be sent to the issuing office advising whether future solicitations for the type of supplies or services covered by this solicitation are desired. Failure of the recipient to offer, or to notify the issuing office that future solicitations are desired. may result in removal of the name of such recipient from the mailing list for the type of supplies or services covered by the solicitation, 33-202 (b) Offerors using certified mail are cautioned to obtain a Receipt for Certified Mail showing a legible, dated postmark and to retain such receipt against the chance that it will be required as evidence that a late offer was timely mailed. (c) The time of mailing of late offers submitted by registered or certified mail shall be deemed to be the last minute of the date shown in the postmark on the registered mail receipt or registered mail wrapper or on the Receipt for Certified Mail unless the offeror furnishes evidence from the post office station of mailing which establishes an earlier time. In the case of certified mail, the only acceptable evidence is as follows: (1) where the Receipt for Certified Mail identifies the post office station of mailing, evidence furnished by the offeror which establishes that the business day of that station ended at an earlier time, in which case the time of mailing shall be deemed to be the last minute of the business day of that station; or (2) an entry in ink on the Receipt for Certified Mail showing the time of mailing and the initials of the postal employee receiving the item and making the entry, with appropriate written verification of such entry from the post office station of mailing, in which case the time of mailing shall be the time shown in the entry. If the postmark on the original Receipt for Certified Mail does not show a date, the offer shall not be considered. 9. DISCOUNTS. (a) Notwithstanding the fact that a blank is provided for a ten (10) day discount, prompt payment discounts offered for payment within less than twenty (20) calendar days will not be considered in evaluating offers for award, unless otherwise specified in the solicitation. However, offered discounts of less than 20 days will be taken if payment is made within the discount period, even though not considered in the evaluation of offers. (b) In connection with any discount offered, time will be computed from date of delivery of the supplies to carrier when delivery and acceptance are at point of origin, or from date of delivery at destination or port of embarkation when delivery and NOTE: Unless otherwise specified, this form (SF-33A) is designated as Pages 3 and 4 of this solicitation. |