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§ 1-16.901-20 Standard Form 20: Invitation for Bids (Construction Contract).

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§ 1-16.901-21 Standard Form 21, Bid Form (Construction Contract). (a) Page 1 of Standard Form 21.

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in strict accordance with the General Provisions (Standard Form 23-A), Leber Standards Previsions Applicable to Contracts in Excess of $2,000 (Stanård Form 19-A), specifications, schedules, drawings, and conditions, for the following amount(s)

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40-104 0-79-49

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CAUTION Bids should not be qualified by exceptions to the bidding conditions.

[44 FR 20691, Apr. 6, 1979]

STANDARD FORM 21 BACK 2-78

81-16.901-22 Standard Form 22:
(Construction Contract).
(a) Page 1 of Standard Form 22.

Standard Form 22: Instructions to Bidders

INSTRUCTIONS TO BIDDERS

(CONSTRUCTION CONTRACT)

1. Explanations to Bidders. Any explanation desired by a bidder regarding the meaning or interpretation of the invitation for bids, drawings, specifications, etc., must be requested in writing and with sufficient time allowed for a reply to reach bidders before the submission of their bids. Any interpretation made will be in the form of an amendment of the invitation for hids, drawings, specifications, etc., and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Bid Form (Standard Form 21) or by letter or telegram received before the time set for opening of bids. Oral explanations or instructions given before the award of the contract will not be binding.

2. Conditions Affecting the Work.-Bidders should visit the site and take such other steps as may be reason ably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so will

If the successful bidder, upon acceptance of his bid by the Government within the period specified therein for acceptance (sixty days if no period is specified) fails to execute such further contractual documents, if any, and give such bond(s) (including any necessary coinsurance or reinsurance agreements) as may be required by the terms of the bid as accepted within the time specified (ten days if no period is specified) after receipt of the forms by him, his contract may be terminated for default. In such event he shall be liable for any cost of procuring the work which exceeds the amount of his bid, and the bid guarantee shall be available toward offsetting such difference.

5. Preparation of Bids.-(a) Bids shall be submitted on the forms furnished, or copies thereof, and must be manually signed erasures or other changes appear on the form each ensure or change must be initialed by the personening the bid. Unless specifically authorized in the invitation for bids, telegraphic bids will not be con

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not relieve bidders from responsibility for estimatingdered.
properly the difficulty or cost of successfully performing
the work. The Government will assume no responsibility
for any understanding or representations concerning son
ditions made by any of its officers or agents prior the
execution of the contract, unless included in the inti
for bids, the specifications, or related documents

3. Bidder's Qualifications. Before a bid is consid. ered for award, the bidder may be requested by the Government to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources, and plant available to be used in performing the work.

4. Bid Guarantee.-Where a bid guarantee is required by the invitation for bids, failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

A bid guarantee shall be in the form of a firm commitment, such as a bid bond, postal money order, certified check, cashier's check, irrevocable letter of credit or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Bid guarantees, other than bid bonds, will be returned (a) to unsuccess. ful bidders as soon as practicable after the opening of bids, and (b) to the successful bidder upon execution of such further contractual documents and bonds (including any necessary coinsurance or reinsurance agreements) as may be required by the bid as accepted.

22-106

Phe bid form may provide for submission of a or prices for one or more items, which may be lump sum bids, alternate prices, scheduled items resulting in a bid on a unit of construction or a combination thereof, etc. Where the bid form explicitly requires that the bidder bid on all items, failure to do so will disqualify the bid. When submission of a price on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted.

(c) Unless called for, alternate bids will not be considered.

(d) Modification of bids already submitted will be considered if received at the office designated in the invitation for bids by the time set for opening of bids Telegraphic modifications will be considered, but should not reveal the amount of the original or revised bid

6. Submission of Bids. Bids must be sealed, marked, and addressed as directed in the invitation for bids. Failure to do so may result in a premature opening of. or a failure to open, such bid.

7. Withdrawal of Bids.- Bids may be withdrawn by written or telegraphic request received from bidders prior to the time set for opening of bids. (See par 8 regarding late withdrawals.)

STANDARD FORM 22 (Rev 2-78) Prescribed by GSA, FPR (41 CFR) 1-16.401

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(c) The only acceptable evidence to establish:

(1) The date of mailing of a late bid, modification withdrawal sent either by registered or certified mil the U.S. Postal Service postmark on both

or wrapper and on the original receipt from the US. Postal Service. If neither postmark shows a legole date, the bid, modification, or withdrawal shall be deemed to have been mailed late. (The term "postmark" means a printed, stamped, or otherwise placed impression (exclu. sive of a postage meter machine impression) that is readily identifiable without further action as having been supplied and affixed on the date of mailing by employees of the U.S. Postal Service. Therefore, offerors should request the postal clerk to place a hand cancellation bull's-eye

[43 FR 31333, July 21, 1978]

The Government may, when in its interest, reject Any or all bids or waive any informality in bids received.

(c) The Government may accept any item or combination of items of a bid, unless precluded by the invitation for bids or the bidder includes in his bid a restrictive limitation.

accepted will, within the time established in the bid, enter into a written contract with the Government and, if required, furnish performance and payment bonds on Government standard forms in the amounts indicated in the invitation for bids or the specifications.

11. Contract and Bonds.-The bidder whose bid is

STANDARD FORM 22 Back (Rev. 2-78)

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