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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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Subpart 1-2.2—Solicitation of Bids

5 1-2.201 Preparation of invitations for bids.

Forms used in inviting bids are prescribed in Subparts 1-16.1 and 1-16.4. [irritations for bids shall contain the applicable information in paragraphs (a) ind (b) of this S 1-2.201, and any other Information required for a particular jrocurement.

ia) For supply and service contracts, Deluding construction, invitations for lids shall contain the following Infornation if applicable to the procurement nvolved.

(1) Invitation number. , 12) Name and address of Issuing ttivity.

(3) Date of issuance.

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

<5> Number of pages.

(6) Where required by agency procedures, requisition or other purchase aubority, and appropriation and accountK data.

i (7) A description of supplies or servKs to be furnished under each item In ifficleot detail to permit full and free ompetitlon. Such description shall amply with §§ 1-1.305 and 1-1.307.

18) The time of delivery or performKe requirements (see § 1-1.316).

(8) Permission, if any, to submit teleitphlc bids (see § 1-2.202-2).

(10) Permission, if any, to submit al:mative bids, Including alternative tttertal or design, i (11) [Reserved]

i (12) Bid guarantee, performance and ftyment bond requirements, if any. If Wd guarantee is required, see Instruc

• • in ;1-10.102-2.

'(13) Any authorized special provisions dating to Government-furnished proprty proposed to be furnished for the

• -mance of the contract.

»(14> Where the contracting officer has *son to believe that Government propit; may be employed, a provision that the bidder plans to use, in performing te work bid upon, any items of Governent property in the bidder's possession Bder a facilities contract or other agree*m independent of the Invitation for is. the bidder shall so state in the bid Ml. upon request of the contracting Beer, 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 con. tracts).

(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 § 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:

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Late bids and modifications or wWidrav)al». (a) Bids and modifications or withdrawals thereof received at the office designated In the Invitation tor 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 malls, or delay by the telegraph company, for which the bidder was not responsible; or (3) if submitted by mall (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 mall 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 mail, 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 cose 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 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 time 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 i portunity clause Is not applicable to c tracts (i) not exceeding $10,000, where work is to be performed enti: outside the United States and no recr ment of workers within the United St is involved, (iii) for standard commer supplies or raw materials not exceed $100,000, or (iv) specifically ezemi by the Executive Vice Chairman of President's Committee on Equal Empl ment Opportunity, with the approve the Secretary of Labor.

(25) A statement substantially as lows (prominently placed in the inv tion):

Caution to biddersLate bids. See special provision entitled "Late Bids Modifications or Withdrawals" which vldes that late bids and modification! withdrawals thereof sent through the n ordinarily will be considered Only If

MAILED BY REGISTERED MAIL OR BY CZBT1 MAIL FOR WHICH A POSTMARKED RECEIPT BEEN OBTAINED AS SPECIFIED IN SUCH PROVIS

(26) Pending revision of paragrap] of the Terms and Conditions of the Ii tation for Bids on the back of Stand Form 30 (October 1957 edition) i Standard Form 33 (October 1957 i tion), the following shall be substitu as to each form, for the cited paragra

Definition of Small Business. A si business concern for the purpose of C eminent procurement Is a concern, Ind Ing its affiliates, which Is Independo owned and operated, is not dominant the field of operation In which it la bide on Government contracts and can fun qualify under the criteria concerning n< ber of employees, average annual receipt! other criteria, as prescribed by the Si Business Administration. (See Code of I eral Regulations, Title 13, Part 121. amended, which contains detailed indu definitions and related procedures.)

(27) A provision in accordance « § 1-1.1605-1 concerning parent comp relationship and employer identifies) number.

(28) The Certification of Nonco slon, as required by { 1-1.317.

(b) For supply and services contra excluding construction, invitations bids shall contain the following. In ac tion to the information required § 1-2.201 (a), if applicable to the proci ment involved.

(1) Discount provisions (see S 1-2.4 3).

(2) The quantity of supplies or se ices to be furnished under each it ad any provision for quantity variation.

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

(4) When needed for the purpose of id evaluation, pre-award surveys, or inflection, a requirement that bidders state he place (including the street address) ram which the supplies will be furnished t where the services will be performed. Phere it is reasonably anticipated that iroducing facilities will be used in the erformance of the contract, or where be Government requires the informaton, bidders will be required to state * > the full address of principal protucing facilities (if designation of such iddress is not feasible, a full explanation rill be required) and (b) names and adTesses of owner and operator, if other han bidder.

'5) Place and method of delivery (see !-2.202-3).

'6) Preservation, packaging, packing, nd marking requirements, if any.

<7) Place, method, and conditions of ispection,

8) If no award will be made for less ban the full quantities advertised, a tatement to that effect.

<9> If award is to be made by specified pups of items or in the aggregate, a tatement to that effect.

110) If the invitation for bids gives tie Government an option to increase r decrease quantities specified, a statelent of the maximum percentage of cch increase or decrease.

'ID Any applicable requirements for imples or descriptive literature (see 11-2.202-4 and 1-2.202-5).

<12) Any requirement for preproducton samples or tests, including a statelent that the Government reserves the kht to waive the requirement as to isose bidders offering a product which as been previously procured or tested by ;e Government, and a statement that ttders offering such products, who fab to rely on such prior procurement r test, must furnish with the bid in•nnaUon from which it may be clearly Polished that prior Government aproval Is presently appropriate for the ending procurement.

(13) Pending revision of paragraph 6 t the Terms and Conditions of the Intutlon for Bids on the back of Standard onn 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 Is 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-invltation 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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