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§ 1-2.000 Scope of part.

This part sets forth (a) the basic requirements for procurement of personal property and nonpersonal services (including construction) by formal advertising, (b) the information to be contained in solicitations of bids, (c) methods in soliciting bids, (d) policies with respect to the submission of bids, and (e) requirements with respect to the opening and evaluation of bids and the awarding of contracts.

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Sub part 1-2.2—Solicitation of Bids

{ I -2.201 Preparation of invitations for bids.

Forms used in Inviting bids are prescribed in Subparts 1-16.1 and 1-16.4. Invitations for bids shall contain the applicable information in paragraphs (a) and (b) of this { 1-2.201. and any other Information required for a particular procurement.

(a) For supply and service contracts. Including construction, invitations for bids shall contain the following Information if applicable to the procurement involved.

(I) Invitation number.

. (2) Name and address of issuing activity.

(3) Date of issuance.

(4) Date, hour, and place of opening. (Prevailing local time shall be used. See f 1-2.202—1 concerning bidding time.)

(5) Number of pages.

1 (6) Where required by agency procedures, requisition or other purchase authority, and appropriation and accounttag data.

<7> A description of supplies or services to be furnished under each item in sufficient detail to permit full and free competition. Such description shall comply with §§ 1-1.305 and 1-1.307.

• s The time of delivery or per formince requirements (see ! 1-1.316).

(9) Permission, if any, to submit telet aphlc bids (see § 1-2.202-2). '(10) Permission, if any, to submit alternative bids, including alternative naterlal or design.

(II) [Reserved]

(12) Bid guarantee, performance and wyment bond requirements, if any. If i bid guarantee is required, see instructed* In i 1-10.102-2.

<13> Any authorized special provisions elating to Government-furnished prop•rty proposed to be furnished for the Krformance of the contract.

< 14) Where the contracting officer has eason to believe that Government propsty may be employed, a provision that f the bidder plans to use, in performing be work bid upon, any items of Governnent property in the bidder's possession mder a facilities contract or other agreelent independent of the invitation for ids. the bidder shall so state in the bid ad. upon request of the contracting fllcer. submit evidence that a facilities

contract or other separate agreement authorizes the bidder to use each item of such Government property for performing the work bid upon.

(15) When considered necessary by the contracting officer, a requirement that all bids must allow a period for acceptance by the Government of not less than a minimum period stipulated in the invitation for bids, and that bids offering less than the minimum stipulated acceptance period will be rejected. The minimum period so stipulated should be no more than reasonably required for evaluation of bids and other preaward processing. To accomplish the foregoing, a paragraph substantially as follows may be included in the invitation for bids:

Bid acceptance period. Bids offering less than days for acceptance by the Government from the date set for opening will be considered nonresponslve and will be rejected.

(16) In unusual cases, where bidders are required to have special technical qualifications due to the complexity of the equipment being procured or for some other special reason, a statement of such qualifications.

(17) Any authorized special provisions, necessary for the particular procurement, relating to such matters as progress payments, patent licenses, liquidated damages, escalation. Buy American Act, etc.

(18) Any additional contract provisions or conditions required by law or regulation.

(19) Any applicable wage determinations of the Secretary of Labor (for construction, alteration, or • repair contracts) .

(20) If Government costs or expenditures other than bid prices are to be considered in the evaluation of bids, such factors must be identified and included.

(21) If the invitation for bids contains a price escalation clause, include a provision reflecting the requirements of I 1-2.407-4 (b).

(22) Directions for obtaining copies of any documents, such as plans, drawings, and specifications, which have been incorporated by* reference.

(23) Pending revision of paragraph 4 of the Terms and Conditions of the Invitation for Bids on the back of Standard Form 30 (October 1957 edition) and Standard Form 33 (October 1957 edition), the following provision shall be substituted, as to each form, for the cited paragraph:

Late bids and modifications or withdrawals, (a) Bids and modifications or withdrawals thereof received at the office designated In the Invitation for Bids after the exact time set for opening of bids will not be considered unless: (1) They are received before award Is made; and either (2) they are sent by registered mall or by certified mall for which an official dated post office stamp (postmark) on the original Receipt for Certified Mall has been obtained, or by telegraph If authorized, and It Is determined by the Government that the late receipt was due solely to delay In the mails, or delay by the telegraph company, for which the bidder was not responsible; or (3) If submitted by mail (or by telegram if authorized), it is determined by the Government that the 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 which makes the terms of the otherwise successful bid more favorable to the Government will be considered at any time it is received and may thereafter be accepted.

(b) Bidders using certified mall are cautioned to obtain a Receipt for Certified Mall showing a legible, dated postmark and to retain such receipt against the chance that it will be required as evidence that a late bid was timely mailed.

(c) The time of mailing of late bids submitted by registered or certified mail shall be deemed to be the last minute of the date shown in the postmark on the registered mall receipt or registered mall wrapper or on the Receipt for Certified Mall unless the bidder furnishes evidence from the post office station of mailing which establishes an earlier time. In the case of certified mall, the only acceptable evidence Is as follows: (1) where the Receipt for Certified Mall Identifies the post office station of mailing, evidence furnished by the bidder which establishes that the business day of that station ended at an earlier time, In which case the tune 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 Mall 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 tune shown In the entry. If the postmark on the original Receipt for Certified Mall does not show a date, the bid shall not be considered.

(24) A statement that the Equal Of portunity clause is not applicable to cor tracts (i) not exceeding $10,000, (1| where work is to be performed entire outside the United States and no recrui ment of workers within the United Stab is involved, (Hi) for standard commerci; supplies or raw materials not exceedir $100,000, or (iv) specifically exempt* by the Executive Vice Chairman of tt President's Committee on Equal Emplo: ment Opportunity, with the approval i the Secretary of Labor.

(25) A statement substantially as fo lows (prominently placed in the inviti Won):

Caution to biddersLate bids. See tl special provision entitled "Late Bids at Modifications or Withdrawals" which pn vldes that late bids and modifications < withdrawals thereof sent through tbe mal ordinarily will be considered Only If men

MAILED BY REGISTERED MAIL OR BY CERTIF MAIL FOR WHICH A POSTMARKED RECEIPT Hi BEEN OBTAINED AS SPECIFIED IN SUCH PROV IS:

(26) Pending revision of paragraph 1 of the Terms and Conditions of the Invl tation for Bids on the back of Standai Form 30 (October 1957 edition) an Standard Form 33 (October 1957 edj tion), the following shall be substitute) as to each form, for the cited paragraph

Definition of Small Business. A ami business concern for the purpose of Ooi ernment procurement Is a concern. Indue ing Its affiliates, which Is Independent! owned and operated, Is not dominant 1 the field of operation in which It is blddlx on Government contracts and can furUu qualify under the criteria concerning nun ber of employees, average annual receipts. ( other criteria, as prescribed by the Smi Business Administration. (See Code of Fe< eral Regulations, Title 13, Part 121, i amended, which contains detailed Induat] definitions and related procedures.)

(27) A provision In accordance wit i 1-1.1605-1 concerning parent compan relationship and employer identiflcatir number.

(28) The Certification of Noncollv sion, as required by § 1-1.317.

(b) For supply and services contract excluding construction, invitations fo bids shall contain the following, in add! tion to the information required b § 1-2.201 (a), if applicable to the procure ment involved.

(1) Discount provisions (see S 1-2.407 3).

<2) The quantity of supplies or serv ices to be furnished under each it. r: tnd any provision for quantity variation.

(3) Any requirement for prior testing md qualification of a product, when the tern to be purchased is on a qualified jroducts list (see Subpart 1-1.11).

(4) When needed for the purpose of aid evaluation, pre-award surveys, or inspection, a requirement that bidders state 'tut place (including the street address) 'rom which the supplies will be furnished >r where the services will be performed. >vhere it is reasonably anticipated that : roducing facilities will be used in the performance of the contract, or where the Government requires the information, bidders will be required to state ia> the full address of principal proiucing facilities (if designation of such iddress is not feasible, a full explanation rill be required) and (b) names and adJresses of owner and operator, if other than bidder.

i5) Place and method of delivery (see 11-2.202-3).

<6> Preservation, packaging, packing, ind marking requirements, if any.

(7) Place, method, and conditions of Inspection.

<8> If no award will be made for less than the full quantities advertised, a statement to that effect.

'9) If award is to be made by specified poups of items or in the aggregate, a statement to that effect.

110) If the Invitation for bids gives the Government an option to increase x decrease quantities specified, a stateBent of the ma/giimim percentage of uch increase or decrease.

(11) Any applicable requirements for •amples or descriptive literature (see li 1-2.202-4 and 1-2.202-5). 1 (12) Any requirement for preproducton samples or tests, including a statenent that the Government reserves the Ight to waive the requirement as to hose bidden offering a product which !« been previously procured or tested by he Government, and a statement that udders offering such products, who rtsh to rely on such prior procurement * test, must furnish with the bid inonnauon from which it may be clearly n&blished that prior Government apToval is presently appropriate for the •ending procurement.

<13> Pending revision of paragraph 6 ( the Terms and Conditions of the Initation for Bids on the back of Standard tan 30 (October 1957 edition) and

Standard Form 33 (October 1957 edition), the following provision shall be substituted, as to each form, for the cited paragraph:

Labor information. If a contract resulting from this Invitation for Bids Is subject to the Walsh-Healey Public Contracts Act, a minimum wage determination under the Act Is applicable to all employees of the contractor who are engaged In the manufacture or furnishing of the supplies required under the contract. Information in this connection as well as general Information regardIng requirements of the Act concerning overtime payment, child labor, safety and health, etc., should be obtained from the Wage and Hour and Public Contracts Divisions, Department of Labor, Washington, D.C., 20210, or from any of the Divisions' offices throughout the various states. It la Important that requests for Information Include the Invitation number, name and address of the Issuing agency, and a description of the supplies.

§ 1-2.202 Miscellaneous rules for solicitation of bids.

§ 1-2.202-1 Bidding time.

(a) Policy. Consistent with the needs of the Government for obtaining the supplies or services, all invitations for bids shall allow sufficient bidding time (i.e., the period of time between the date of distribution of an invitation for bids and the date set for opening of bids) to permit prospective bidders to prepare and submit bids. This will facilitate competition on reasonable and equal terms. Undue limitation of bidding time tends to restrict competition. Also, when prospective bidders do not have adequate time for computing prices and obtaining needed information on which to base their bids, higher prices to the Government may result from inclusion of unnecessary contingency allowances or the unwillingness of some to submit bids.

(b) Factors to be considered. The urgency of the Government's need for the items or services, the complexity of the invitation, the extent of subcontracting anticipated, the use of pre-invitation notices, the geographic distribution of bidders, the normal time for mail transmission of both invitations and bids, and other related factors, must be considered in establishing bidding time. For example, a bidding time of 30 days may be Inadequate when bidders are required to prepare special drawings, designs, and samples, or to obtain quotations from several suppliers and sub

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