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§ 1-1.316-5 Time of delivery clauses.
(a) Examples of time of delivery clauses for invitations for bids are set forth below. They may be modified, or other clauses may be used, to state particular delivery requirements or any special procedures to be used in the evaluation, rejection, or award process as regards time of delivery. These clauses also may be suitably modified for use in negotiated procurements where appropriate.
(b) The following clause may be used where delivery by a particular time is necessary to meet the Government's requirements:
TIME OF DELIVERY
Delivery is required to be made in accordance with the following schedule:
Bids offering delivery of each quantity within the applicable delivery period specified above will be evaluated equally as regards time of delivery. Bids offering delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable delivery period specified above will be considered nonresponsive and will be rejected. Where a bidder offers an earlier delivery schedule than that called for above, the Government reserves the right to award either in accordance with the required schedule or in accordance with the schedule offered by the bidder. If the bidder offers no other delivery schedule, the delivery schedule stated above shall apply.
Bidder's Proposed Delivery Schedule
(To Be Completed by Bidder)
*Contracting officer shall insert the appropriate one of the following phrases. in each of the three indicated spaces: (1) "On (on or before) the date(s) specified below." (2) "Within the number of days stated below after date of contract."
(3) "Within the number of days stated below after the date of receipt of a written notice of award."
(4) "Within the periods specified below."
(NOTE: When this phrase is inserted, the wording "during the month(s) of or "not sooner than and not later than should be used to specify the periods.)
§ 1-1.317 Noncollusive bids and proposals. (a) In order to promote full and free competition for Government contracts, the certification prescribed by this section shall be included in all (1) invitations for bids and (2) requests for proposals or quotations. Exceptions to this requirement include the following: Small purchases in accord
ance with Subpart 1-3.6, requests for
CERTIFICATE OF INDEPENDENT PRICE
(a) By submission of this bid or proposal, each bidder or offeror certifies, and in the case of a joint bid or proposal each party thereto certifies as to its own organization, that in connection with this procurement:
(1) The prices in this bid or proposal 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 bidder or offeror or with any competitor;
(2) Unless otherwise required by law, the prices which have been quoted in this bid or proposal have not been knowingly disclosed by the bidder or offeror and will not knowingly be disclosed by the bidder or offeror prior to opening, in the case of a bid, or prior to award, in the case of a proposal, directly or indirectly to any other bidder or offeror or to any competitor; and
(3) No attempt has been made or will be made by the bidder or offeror to induce any other person or firm to submit or not to submit a bid or proposal for the purpose of restricting competition.
(b) Each person signing this bid or proposal certifies that:
(1) He is the person in the bidder's or offeror's organization responsible within that organization for the decision as to the prices being bid or 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)(i) He is not the person in the bidder's or offeror's organization responsible within that organization for the decision as to the prices being bid or 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.
(c) This certification is not applicable to a foreign bidder or offeror submitting a bid or proposal for a contract which requires performance or delivery outside the United States, its possessions, and Puerto Rico.
(d) A bid or proposal will not be considered for award where (a)(1), (a)(3), or (b)
above has been deleted or modified. Where (a)(2) above has been deleted or modified, the bid or proposal will not be considered for award unless the bidder or offeror furnishes with the bid or proposal a signed statement which sets forth in detail the circumstances of the disclosure and the head of the agency, or his designee, determines that such disclosure was not made for the purpose of restricting competition.
(b) The fact that a firm (1) has published pricelists, rates, or tariffs covering items being procured by the Government, (2) has informed prospective customers of proposed or pending publication of new or revised pricelists for such items, or (3) has sold the same items to commercial customers at the same prices being offered the Government does not constitute, without more, a disclosure within the meaning of paragraph (a)(2) of the Certificate.
(c) It is not required that a separate written authorization be given to the signer of the bid or proposal for each procurement involved where the signer makes the certification provided in paragraph (b)(2) of the Certificate: Provided, That with respect to any blanket authorization given, (1) the procurement to which the Certificate applies is clearly within the scope of such authorization, and (2) the person giving such authorization is the person responsible within the bidder's or offeror's organization for the decision as to the prices being bid or offered at the time the Certificate is made in a particular procurement.
(d) After the execution of an initial certificate and the award of a contract in connection therewith, the contractor need not submit additional certificates in connection with proposals submitted on "work orders" or similar ordering instruments issued pursuant to the terms of that contract, where the government's requirements cannot be met from another source.
(e) The authority to make the determination described in paragraph (d) of the above certification shall not be delegated to an official below the level of the head of a procuring activity of the agency.
(f) Where a certification is suspected of being false or there is indication of collusion, the matter shall be processed in accordance with Subpart 1-1.9 and appropriate agency procedures.
§ 1-1.318-1 Contracting officer's decision under a disputes clause.
(a) When a final decision of the contracting officer concerns a dispute that is or may be subject to the disputes clause, a paragraph substantially as follows shall be included in the decision:
This decision is made in accordance with the disputes clause and shall be final and conclusive as provided therein, unless, within 30 days from the date of receipt of this decision, a written notice of appeal (in triplicate) addressed to the (Title of the head of the agency) is mailed or otherwise furnished to the Contracting Officer. The notice of appeal, which is to be signed by you as the contractor or by an attorney acting on your behalf, and which may be in letter form, should indicate that an appeal is intended, should refer to this decision and should identify the contract by number. The notice of appeal may include a statement of the reasons why the decision is considered to be erroneous.
(b) A copy of each contracting officer's decision shall be furnished to the contractor by certified mail, return receipt requested, or by any other method which provides evidence of the date of receipt of the decision by the contractor.
[33 FR 3064, Feb. 16, 1968]
owns and, through a contractor, operates the William Langer Jewel Bearing Plant at Rolla, N. Dak. The Director, Office of Emergency Preparedness, has requested that agencies use this source in order to promote the use of this plant as an established domestic source of jewel bearings.
(b) Definitions. As used in this subpart the following terms have the meanings set forth in this paragraph:
(1) "Jewel bearing" means a piece of synthetic sapphire or ruby of any shape, except a phonograph needle, which has one or more polished surfaces and which is suitable for use in an instrument, mechanism, subassembly, or part without any additional processing. A jewel bearing may be either unmounted or mounted into a ring or bushing. Examples of jewel bearings are: Watch holes-olive, watch holes-straight, pallet stones, roller jewels (jewel pins), end stones (caps), vee (cone) jewels, instrument rings, cups, double cups, and orifice jewels. As used herein, the term "jewel bearings" includes "related items."
(2) "Related items" means other synthetic sapphire or ruby components. Examples of related items are pivots, knife edges, insulators, spacers, windows, and striking surfaces other than pallet stones.
(3) "Price list" is the official U.S. Government Jewel Bearing Price List for jewel bearings produced by the William Langer Jewel Bearing Plant. This list is issued periodically by the General Services Administration.
(4) "Plant" means the Governmentowned William Langer Jewel Bearing Plant, Rolla, N. Dak.
(5) "Military Standard Jewel Bearing" means a jewel bearing conforming to Military Specification No. MILB-27497 (latest revision) entitled "Bearings, Jewel, Sapphire or Ruby, Synthetic."
(c) Policy. (1) The Office of Emergency Preparedness has determined that the William Langer Jewel Bearing Plant is an essential part of the national mobilization base and that its continued operation as a domestic source of jewel bearings is in the interest of the United States. Therefore, all direct Government purchases of jewel bearings shall be made from the Plant.
In addition, all procurements of items in the Federal Supply Classes and Groups listed in paragraph (d) of this section, or subassembly, component, or part thereof, whether procured by the Government direct or through contractors, shall provide a requirement in the solicitations and resulting contracts that jewel bearings in the quantities and of the types and sizes (including tolerances) necessary for the end items to be supplied under the contract must be purchased from the Plant and be incorporated in the delivered items, except:
(i) In small purchases using small purchase procedures other than in purchases of jewel bearings as end items;
(ii) For jewel bearings used in items that are to be procured and used outside the United States, its possessions, and Puerto Rico;
(iii) When the procuring contracting officer has positive knowledge that the item being procured does not contain jewel bearings;
(iv) When quality standards and requirements are beyond the production capabilities of the Plant as evidenced by a written statement to that effect from the management of the Plant;
(v) In the case of requirements contracts (see § 1-3.409(b)) and indefinite quantity contracts (see § 1-3.409(c)) which authorize more than one activity to place orders upon the contractor. It is not practicable for a contractor to place an order with the Plant within 90 calendar days after the effective date of his contract for the entire amount of jewel bearings and related items that will be required for the performance of the contract. Where such contracts are involved, the clause in § 1-1.319(e) may be changed by modifying paragraphs (b) and (c) to provide for procurement, on a quarterly or other periodic basis, of an amount of jewel bearings and related items equal to the amount (by type and size) of jewel bearings and related items actually used by the contractor in the performance of the contract during the period immediately preceding the ordering date. In addition, jewel bearings and related items so obtained shall be placed in the contractor's inventory for use in the performance of
current or future Government contracts or for use in commercial production. Contracts which provide for periodic ordering on an actual use basis shall not be subject to the equitable adjustment provisions of paragraph (e) of the clause in § 1-1.319(e). Accordingly, the clause may be further modified to delete paragraph (e).
(vi) When the Plant's backlog of current business precludes delivery of the bearings within reasonable time limits, as confirmed in writing by the management of the Plant; or
(vii) When the urgency of the requirement for all or part of the procurement of a jeweled item is such that delivery of prefabricated end items available from the stock of any dealer, wholesaler, distributor, or manufacturer offers the best possible solution. In this event, however, the required source provisions of this § 11.319 will be exempted only to the extent that immediate deliveries are to be made of the specified quantity of end items. The required source provisions shall apply to any quantity in excess of that specified for immediate delivery.
(2) Whenever it is necessary to redesign or reengineer jeweled items to satisfy specific performance requirements, the manufacturer of an item shall be required to use military standard jewel bearings in the redesign. This requirement may be excepted only when the dimensional tolerances or configurations of the military standard jewel bearings are such that their use in the product would prevent attainment of the required level of performance specified for the items. However, when one or more nonstandard bearings must be used to satisfy the performance requirements of certain applications of a jeweled item but military standard jewel bearings will function satisfactorily for other applications of that item, the item shall be redesigned to provide for the use of military standard jewel bearings. In no instance shall a manufacturer be required to redesign a jeweled item solely for the purpose of converting from the use of nonstandard to military standard jewel bearings. This requirement is not intended to prevent any manufacturer from voluntarily re
designing a jeweled item solely to accommodate the use of military standard jewel bearings. A voluntarily redesigned bearing may be economically advantageous because of the unit price of military standard jewel bearings at the Plant.
(3) The cost differential between Langer-made bearings and imported bearings shall not be used as justification to avoid the purchase and use of jewel bearings from the Plant.
(d) Procedures. (1) Procurement of items in the following Federal Supply Classes and Groups are subject to the provisions of this § 1-1.319. (The complete Federal Supply Classification, listing all such classes and groups, is set forth in Cataloging Handbook H 21, which is available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.)
currently excessive and overdue indebtedness to the Plant. The Plant is required to refuse shipments against purchase orders whenever shipments would increase the indebtedness of a customer beyond any credit limit which may have been designated by GSA. Rejection by the Plant of a contractor's or subcontractor's purchase order or refusal to ship against an accepted purchase order under these circumstances will not be considered justification for the type of waiver of the purchase requirement (with a consequent adjustment in the contract price) which is permitted in certain instances under the contract clause in (e), below. If the contractor or subcontractor whose purchase order is rejected or to whom shipments are refused for the foregoing reasons is in disagreement with the management of the Plant on whether the indebtedness actually exists or the amount of such indebtedness, the Government will require the Plant to accept the contractor's purchase order and to make shipments against the purchase order on a "cash-on-delivery" (c.o.d.) basis for each lot shipped. If necessary, arrangements can be made for progress payments by the Government to finance the c.o.d. requirements. Such measures will be independent of and have no effect on the final disposition of the alleged indebtedness or controversy between the contractor and management of the Plant.
(3) In all procurements subject to the requirements of this § 1-1.319, the clause in paragraph (e), below, shall be inserted in all solicitations and contracts. Bids or proposals shall be predicated on this requirement.
(4) Subsequent to the award of a contract that includes the clause required by paragraph (e), below, the contracting officer may waive the "use" but not the "acquisition" requirements of the clause. The waiver may be granted upon submission of a written request by the contractor if the contractor or subcontractor has on hand jeweled subassemblies or end items such as are required to be delivered under the contract; and either:
(i) The production of such subassemblies or end items specifically in performance of all or a part of the