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clude in the telegraphic bid specific antees, it may be charged with any reference to the invitation, the items excess costs resulting.) or sub-items, quantities, and unit (4) Packing, crating, and other prepprices for which the bid is submitted, arations. the time and place of delivery, and a (5) Transit privileges. (Traffic manstatement that the bidder agrees to all agement personnel can furnish necesthe terms, conditions, and provisions sary information and analysis of situaof the invitation. In order that the tions where transit privileges may be contract may be executed on the beneficial.) proper form, the invitation for bids (6) Any other shipping information will also provide that telegraphic bids required for evaluation. should be confirmed on the prescribed (c) When the exact destination of form and submitted promptly to the the supplies being purchased is not contracting officer.

known at the time bids are solicited, (b) The term “telegraphic bids" in

but the general geographical section cludes bids or proposals submitted by

in which delivery will be made is telegram or by mailgram. Telegram as

known, such as East Coast, Middle used herein includes mailgrams.

West, or West Coast, for purposes of

evaluation of bids only, a definite (42 FR 33736, July 1, 1977)

place(s) or zone(s) shall be designated

in the known geographical sector of § 1-2.202-3 Place and method of delivery

delivery as the place to which transof supplies.

portation costs will be computed in de(a) Invitations for bids solicited f.o.b. termining the low bidder. The invitaorigin shall state that bids will be eval tion should specify that bids will be uated on the basis of bid price plus submitted f.o.b. origin and that shiptransportation cost to the Govern ment will be made on Government bill ment from point of origin to one or of lading. So that prospective bidders more designated destinations.

may understand the method of evalua(b) Invitations for bids solicited f.o.b. tion to be used, the invitation shall origin or destination shall include as contain a provision substantially as much of the following information as follows: is pertinent to the particular procurement and shall require bidders to fur

For the purpose of evaluating bids (and

for no other purpose), the final destinations nish the Government such of the fol

for the supplies will be considered to be as lowing information as may be appro- follows: (insert destination(s)]. priate:

(1) Method of shipment, such as rail, $ 1-2.202-4 Bid samples. water, air, or truck.

(a) Definition. The term "bid (2) Minimum quantities or lots, such sample" means a sample required by as less than carload, less than truck the invitation for bids to be furnished load, carload, or truck load. (Where by a bidder as a part of his bid to show appropriate, the invitation should the characteristics of a product ofelicit information of the minimum size fered in his bid. Such samples will be of shipments which the prospective used only for the purpose of determinsupplier will make, so that freighting the responsiveness of the bid and evaluation may be on a realistic basis. will not be considered on the issue of a The supplier should be cautioned that, bidder's ability to produce the reif it ships in lesser quantities, it may quired items. be charged with any excess costs re (b) Policy. Bidders shall not be resulting.)

quired to furnish a bid sample of a (3) Guaranteed shipping weight. Bid product they propose to furnish unless ders should be required to furnish in there are certain characteristics of the formation regarding shipping weight product which cannot be described and cube of items to be procured so adequately in the applicable specificathat proper transportation costs can tion or purchase description, thus nebe computed. (The bidder should be cessitating the submission of a sample cautioned that, if actual shipping to assure procurement of an acceptweights or cubes vary from the guar- able product. It may be appropriate to

i

require bid samples, for example, where the procurement is of products that must be suitable from the standpoint of balance, facility of use, general "feel", color, or pattern, or that have certain other characteristics which cannot be described adequately in the applicable specifications. Where, however, based on the criteria set forth in this § 1-2.202-4, the use of bid samples is justified, the samples may be examined for any required characteristics, whether or not such characteristics may be adequately described in the specifications. Invita

s shall list all of the characteristics for which the sample will be examined and bids will be rejected as nonresponsive if the sample fails to conform to each of the listed characteristics. Where more than a minor portion of the characteristics of the product cannot be adequately described in the specification, the prod. uct should be procured by negotiation in accordance with § 1-3.210.

(c) Justification. The reasons why acceptable products cannot be procured without the submission of bid samples shall be set forth and filed in the case file, except where such submission is required by the formal specifications (Federal, military, departmental, etc.) applicable to the procurement.

(d) Requirements of invitation for bids. When bid samples are required, the invitation for bids shall (1) state the number and, if appropriate, the size of the samples to be submitted and otherwise fully describe the samples required, (2) list all characteristics for which the sample will be examined, and (3) include a provision in accordance with (e) of this § 1-2.202-4. Where samples are not considered nec. essary and a waiver of the sample requirements of a specification has been authorized, a statement shall be included in the invitation for bids that notwithstanding the requirements of the specifications, samples will not be required.

(e) Invitation for bids provision. When bid samples are required, a provision substantially as follows (modified, if appropriate, in accordance with paragraph (f) of this § 1-2.202-4) shall be included in the invitation for bids:

BID SAMPLES (a) Bid samples, in the quantities, sizes, etc., required for the items so indicated in this Invitation for Bids, must be furnished as a part of the bid and must be received before the time set for opening bids. Samples will be evaluated to determine compliance with all characteristics listed for examination in the Invitation.

(b) Failure of samples to conform to all such characteristics will require rejection of the bid. Failure to furnish samples by the time specified in the Invitation for Bids will require rejection of the bid, except that a late sample transmitted by mail will be considered under the provisions for considering late bids, as set forth elsewhere in this Invi. tation for Bids.

(c) Products delivered under any resulting contract shall strictly comply with the approved sample as to the characteristics listed for examination and shall conform to the specifications as to all other characteristics.

(f) Waiver of requirement for bid samples.

(1) The provision prescribed in paragraph (e) of this section may be modified to provide that the requirement for furnishing samples may be waived as to a bidder who offers a product previously or currently being procured or tested by the procuring activity and found to comply with specification requirements conforming in every material respect with those in the current invitation for bids so that further evaluation or testing would not add to the Government's knowledge of the acceptability of the product. When provision is to be made for such waiver, the invitation for bids provision in paragraph (e) of this section shall be modified by adding substantially the following at the end of paragraph (b) thereof:

However, the requirement for furnishing samples may be waived as to a bidder if (1) the bidder states in his bid that the product he is offering to furnish is the same as a product he has offered to the [* ] on a previous procurement and (2) the Contracting Officer determines that such product was previously procured or tested by the [* ] and found to comply with specification requirements conforming in every material respect to those in this Invitation for Bids.

Contracting officer shall insert "procuring activity” or such other designation as may be provided by agency procedures.

(2) Where considered necessary be (c) Justification. The reasons wh cause of the nature of the product, the acceptable products cannot be pro provision in paragraph (f)(1) of this cured without the submission of de section may be limited to provide for scriptive literature shall be set forti waiving the requirement only if the and filed in the case file, except wher product offered is produced at the such submission is required by the same plant at which the product previ formal specifications (Federal, mili ously procured or tested was produced. tary, departmental, etc.) applicable to

(g) Unsolicited samples. If bid sam- the procurement. ples are not required by the invitation

(d) Requirements of invitation for for bids, but samples are furnished

bids. When descriptive literature is re with a bid, they will not be considered

quired, the invitation for bids shall as qualifying the bid, and will be disre

clearly state what descriptive litera garded, unless it is clear from the bid

ture is to be furnished, the purpose for or accompanying papers that it was

which it is required, the extent to

which it will be considered in the evalthe bidder's intention so to qualify the bid.

uation of bids, and the rules which

will apply if a bidder fails to furnish it (h) Disposition of samples. Samples,

before bid opening or if the literature if not destroyed in testing, shall be re

furnished does not comply with the returned to bidders at their request and

quirements of the invitation for bids. expense, unless otherwise specified in

Where descriptive literature is not the invitation for bids.

considered necessary and a waiver of [29 FR 10141, July 24, 1964, as amended at the literature requirements of a speci29 FR 14494, Oct. 22, 1964; 30 FR 16110, fication has been authorized, a stateDec. 28, 1965)

ment shall be included in the invita

tion for bids that notwithstanding the $ 1-2.202-5 Descriptive literature.

requirements of the specifications, de(a) Definition. As used in this 81- scriptive literature will not be re2.202-5, the term "descriptive litera- quired. ture" means information, such as cuts,

(1) Except as provided in paragraph illustrations, drawings and brochures,

(d)(2) of this section, if bidders are to which show the characteristics or con

furnish descriptive literature as a part struction of a product or explain its

of their bids, a provision substantially operation, furnished by a bidder as a

as follows (modified, if appropriate, in part of his bid to describe the products

accordance with paragraph (e)(1) of offered in his bid. The term includes

this section) shall be included in the only information required to deter

invitation for bids: mine acceptability of the product, and

REQUIREMENT FOR DESCRIPTIVE LITERATURE excludes other information such as that furnished in connection with the

(a) Descriptive literature as specified in

this Invitation for Bids must be furnished as qualifications of a bidder or for use in

a part of the bid and must be received operating or maintaining equipment. before the time set for opening bids. The lit

(b) Policy. Bidders shall not be re erature furnished must be identified to quired to furnish descriptive literature show the item in the bid to which it peras a part of their bids unless the con tains. The descriptive literature is required tracting agency deems that such lit

to establish, for the purposes of bid evalua.

tion and award, details of the products the erature is needed to enable it to deter

bidder proposes to furnish as to [* ]. mine before award whether the prod

(b) Failure of descriptive literature to ucts offered meet the specification re show that the product offered conforms to quirements of the invitation for bids the specifications and other requirements of and to establish exactly what the this Invitation for Bids will require rejecbidder proposes to furnish. It may be tion of the bid. Failure to furnish the deappropriate to require descriptive lit

scriptive literature by the time specified in

the Invitation for Bids will require rejection erature in the procurement of highly

of the bid, except that if the material is technical or specialized equipment, or

transmitted by mail and is received late, it where considerations such as design or

may be considered under the provisions for style are important in determining ac considering late bids, as set forth elsewhere ceptability of the product.

in this Invitation for Bids.

*Contracting officer shall insert signifi for bids, but such literature is furcant elements such as design, materials, nished with a bid, it will not be considcomponents, or performance characteristics,

ered as qualifying the bid, and will be or methods of manufacture, construction,

disregarded, unless it is clear from the assembly, or operation, as appropriate.

bid or accompanying papers that it (2) When brand name or equal pur was the bidder's intention so to qualify chase descriptions are used, the re- the bid. quirements of this § 1-2.202-5 are met (g) See § 1-2.404-4 for requirements by inserting in the invitation for bids with respect to restrictions on the the brand names provision set forth in public disclosure of descriptive litera$ 1-1.307-6.

ture submitted by a bidder. (e) Waiver of requirements for descriptive literature. (1) The provision § 1-2.202-6 Final review of invitations for prescribed in paragraph (d)(1) of this

bids. section may be modified to provide The contracting officer shall ensure that the requirements for furnishing that each invitation for bids is thordescriptive literature may be waiver as oughly reviewed prior to its issuance to a particular bidder if (i) the bidder to detect and correct discrepancies or states in his bid that the product he is ambiguities which could limit competioffering to furnish is the same as a tion or result in the receipt of nonreproduct previously or currently being sponsive bids. furnished to the procuring activity

(40 FR 2811, Jan. 16, 1975) and (ii) it is determined by the contracting officer that such product $ 1-2.203 Methods of soliciting bids. complies with the specification requirements of the current invitation § 1-2.203-1 Mailing or delivering to prosfor bids. When provision is to be made pective bidders. for such waiver, the invitation for bids Invitations for bids or pre-invitation provision in paragraph (d)(1) of this notices (see $ 1-2.205-4(c)) shall be section shall be modified by adding

mailed (or delivered) to a sufficient substantially the following at the end

number of prospective bidders so as to of paragraph (b) thereof:

elicit adequate competition. InvitaHowever, the requirements for furnishing

tions for bids may be mailed for infordescriptive literature may be waiver as to a

mational purposes to Government bidder if (1) the bidder states in his bid that

agencies, including procurement inforthe product he is offering to furnish is the mation offices, or to such other orgasame as a product he has previously fur. nizations as may be authorized by nished to the [* ] under a prior con agency procedures. tract and the bidder identifies the contract, and (2) the Contracting Officer determines § 1-2.203-2 Displaying in public places. that such product meets the requirements

Copies of unclassified invitations for of this Invitation for Bids.

bids shall be displayed at the procur*Contracting officer shall insert "procur

ing office and/or at other appropriate ing activity” or such other designation as

public places. may be provided by agency procedures.

(2) If the invitation for bids contains § 1-2.203-3 Publicity in newspapers and a provision for waiver in accordance trade journals. with paragraph (e)(1) of this section, a (a) Free publicity. A brief announcebidder may submit his bid either on ment of the proposed procurement, or the basis of the descriptive literature copies of unclassified invitations for to be furnished or on the basis of a bids, may be made available for free previously procured product. If he publication to newspapers and to trade elects to submit his bid on one basis, journals and magazines. he is precluded from having his bid (b) Paid advertisements. Paid adverconsidered on the alternative basis tisements in newspapers and trade after bids are opened.

journals shall be contracted for in ac(f) Unsolicited descriptive literature. cordance with agency procedures purIf the furnishing of descriptive litera- suant to 5 U.S.C. 302; 44 U.S.C. 321, ture is not required by the invitation 322, and 324; and Title 7, Chapter 5200. General Accounting Office plified small purchase procedures Policy and Procedures Manual for (See Subpart 1-3.6.) Procuring activit Guidance of Federal Agencies.

bidders mailing lists may be estab

hed as (1) a central list for use by all § 1-2.203-4 Synopses of invitations for purchasing offices within the procur bids.

ing activity or (2) local lists main Synopses of invitations for bids shall tained by each purchasing office. be prepared and publicized in the (b) All eligible and qualified con Commerce Business Daily in accord cerns which have submitted bidder ance with § 1-1.1003. Requests for invi.

mailing list applications, or which the tations for bids received by the procur- procuring activity considers capable of ing activity as a result of publicizing

filling the requirements of a particulai shall be honored to the extent that

procurement, shall be placed on the copies are available. The names of appropriate bidders mailing list. prospective bidders who are furnished

nished Planned producers under the Industri. invitations for bids in response to their

al Readiness Planning Program shall requests shall be added to the bidders

be included on the bidders mailing list mailing list for the particular procure

for their planned items. The issuance ment. However, when the request is

of notices to new prospective suppliers made by a person or an organization

that they have been added to the bidknown not to be a prospective bidder,

ders mailing list shall be handled in no entry shall be made on the bidders

accordance with agency procedures.

The issuance of a solicitation within a mailing list.

reasonable time may be considered ap(40 FR 2811, Jan. 16, 1975)

propriate notification. Those suppliers

not meeting the criteria for placement § 1-2.204 Records of invitations for bids

on the bidders mailing list shall be noand records of bids.

tified accordingly. (a) Each agency shall retain a record (c) Bidder's Mailing List Application of every invitation for bids issued by it (Standard Form 129) shall be used for and of each abstract or record of bids. obtaining information needed, as preAgency purchasing offices shall review scribed in § 1-16.802, in the establishthis record at the time of each subse- ment and maintenance of bidders quent procurement action for the mailing lists. same and, when appropriate, similar

[29 FR 10146, July 24, 1964, as amended at items, to ensure that the information

29 FR 18477, Dec. 29, 1964; 40 FR 2811, Jan. available in the file is utilized in con

16, 1975) nection with the new procurement.

(b) The file of the invitation for bids $ 1-2.205-2 Removal of names from bid. shall show the distribution which was ders mailing lists. made and the date thereof. The names

(a) The name of each concern failing and addresses of prospective bidders

to either (1) submit a bid, (2) respond requesting the invitation for bids who

to a preinvitation notice (see § 1-2.205were not included on the original so

4(c)), or (3) otherwise respond either licitation list shall be added and made

formally or informally shall be rea part of the record.

moved from the bidders mailing list [40 FR 2811, Jan. 16, 1975)

without notice to the concern but only

for the item or items involved in that $ 1-2.205 Bidders mailing lists.

invitation or notice. For any case

where this procedure will ultimately $ 1-2.205-1 Establishment of lists.

result in very limited bidders mailing (a) Bidders mailing lists shall be es lists, the contracting officer should retablished by procuring activities to quest an explanation from the conassure access to adequate sources of cerns that did not respond to detersupply and service and to obtain mine the reason for the failure to remeaningful competition except where spond before deciding to remove the the requirements of the procuring ac- firms from the bidders mailing list. tivity can be obtained within the local (b) The names of concerns which trade area through utilization of sim- have been (1) debarred from entering

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