CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7-2003.27 Cost Limitation. In accordance with 2–201(b)(xxx) or 3-501(c)(xxv), insert the following provision. COST LIMITATION (1974 APR) A bid which does not contain separate bid prices for the items identified as subject to a cost limitation may be considered nonresponsive. A bidder by signing his bid certifies that each price bid on items subject to a cost limitation includes an appropriate apportionment of all applicable estimated costs, direct and indirect, as well as overhead and profit. Bids may be rejected which (i) have been materially unbalanced for the purpose of bringing affected items within cost limitations, or (ii) exceed the cost limitations unless such limitations have been waived by the Assistant Secretary of Defense (Installations and Logistics) prior to award. (End of provision) 7-2003.28 Additive or Deductive Items. In accordance with 2-201(b)(xli), insert a provision substantially as follows. ADDITIVE OR DEDUCTIVE ITEMS (1968 APR) The low bidder for purposes of award shall be the conforming responsible bidder offering the low aggregate amount for the first or base bid item, plus or minus (in the order of priority listed in the schedule) those additive or deductive bid items providing the most features of the work within the funds determined by the Government to be available before bids are opened. If addition of another bid item in the listed order of priority would make the award exceed such funds for all bidders, it shall be skipped and the next subsequent additive bid item in a lower amount shall be added if award thereon can be made within such funds. For example, when the amount available is $100,000 and a bidder's base bid and four successive additives are $85,000, $10,000, $8,000, $6,000 and $4,000, the aggregate amount of the bid for purposes of award would be $99,000 for the base bid plus the first and fourth additives, the second and third additives being skipped because each of them would cause the aggregate bid to exceed $100,000. In any case all bids shall be evaluated on the basis of the same additive or deductive bid items, determined as above provided. The listed order of priority need be followed only for determining the low bidder. After determination of the low bidder as stated, award in the best interests of the Government may be made to him on his base bid and any combination of his additive or deductive bid for which funds are determined to be available at the time of the award, provided that award on such combination of bid items does not exceed the amount offered by any other conforming responsible bidder for the same combination of bid items. Telegraphic bids may be submitted in response to this Invitation for Bids. Telegraphic bids must be received in this office prior to the time specified for opening of bids. Such bids must specifically refer to this Invitation for Bid; must include the item or sub-items, quantities and unit prices for which the bid is submitted and the time and place of delivery; and must contain all the representations and other information required by the Invitation for Bids together with a statement that the bidder agrees to all the terms, conditions and provisions of the invitation. Failure to furnish, in the telegraphic bid, the representations and information required by the Invitation for Bids may necessitate rejection of the bid. Signed copies of the Invitation for Bids must be furnished in confirmation of the telegraphic bids. (End of provision) This provision may be modified for negotiated procurements. 7-2003.29 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7-2003.30 Bid Samples. (a) In accordance with 2-202.4(e), insert the following provision. BID SAMPLES (1974 APR) (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 tested or evaluated to determine compliance with all characteristics listed for such test or evaluation in this Invitation for Bids. (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 may be considered under the provision for considering late bids, as set forth elsewhere in this Invitation for Bids. (c) Products delivered under any resulting contract shall conform to the approved sample as to the characteristics listed for test or evaluation and shall conform to the specifications as to all other characteristics. (End of provision) (b) When bid samples are to be waived in accordance with 2-202.4(f), insert the following provision. WAIVER OF BID SAMPLES (1974 APR) The requirement for furnishing samples may be waived as to a bidder if (i) 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 purchasing office on a previous procurement and (ii) the Contracting Officer determines that such product was previously procured or tested by the purchasing office and found to comply with specification requirements conforming in every material respect to those in this Invitation for Bids. (End of provision) The contracting officer may designate in lieu of purchasing office, an alternate activity or office. When considered necessary because of the nature of the products, the provision above may be limited to provide for waiving the requirement only if the product offered is produced at the same plant at which the product previously procured or tested was produced. 7-2003.31 Requirement for Descriptive Literature. (a) In accordance with 2-202.5(d)(2), insert the following provision. REQUIREMENT FOR DESCRIPTIVE LITERATURE (a) Descriptive literature as specified 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. The literature furnished must be identified to show the item in the bid to which it pertains. The descriptive literature is required to establish, for the purposes of bid evaluation and award, details of the products the bidder proposes to furnish as to ( * ). (b) Failure of descriptive literature to show that the product offered conforms to the specifications and other requirements of this Invitation for Bids will require rejection of the bid. Failure to furnish the descriptive literature by the time specified in the Invitation for Bids will require rejection of the bid, except that if the material is transmitted by mail and is received late, it may be considered under the provisions for considering late bids, as set forth elsewhere in this Invitation for Bids. (See footnote on following page) (End of provision) 7-2003.31 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS *The contracting officer shall insert significant elements such as design, materials, components, or performance characteristics; or methods of manufacture, construction, assembly, or operation, as appropriate. (b) When requirements for descriptive literature are to be waived in accordance with 2–202.5(e), the provision in (a) above shall be modified by adding the following at the end of the clause paragraph (b): The requirements for furnishing descriptive literature may be waived as to a bidder if (i) the bidder states in his bid that the product he is offering to furnish is the same as a product he has previously furnished to the purchasing office under a prior contract and the bidder identifies the contract, and (ii) the Contracting Officer determines that such product meets the requirements of this Invitation for Bids. (1974 APR) The contracting officer may designate in lieu of purchasing office, an alternate activity or office. A bidder may submit his bid either on the basis of the descriptive literature to be furnished or on the basis of a previously procured product. If he elects to submit his bid on one basis, he is precluded from having his bid considered on the alternative basis after bids are opened. 7-2003.32 Reserved. 7-2003.33 Reserved. 7-2003.34 Reserved. 7-2003.35 Discounts. In accordance with 2-407.3(a), insert the following clause. DISCOUNTS (1968 SEP) In accordance with subparagraph (a) of the clause entitled "Discounts" in the Solicitation Instructions and Conditions (Standard Form 33-A), prompt payment discounts will be considered in the evaluation of bids, provided the minimum period for the offered discounts is: * (i) * (ii) days from date of delivery of the supplies to carrier when acceptance is at point of origin; or days where delivery and acceptance are at destination. The offered discount of a successful Bidder will form a part of the award whether or not such discount was considered in the evaluation of his bid and such discount will be taken if payment is made within the discount period. (End of clause) *The Contracting Officer shall delete (i) or (ii) from the clause, whichever is inapplicable, when "origin only" or "destination only" delivery acceptance is solicited. 7-2003.36 Multiple Technical Proposals. In accordance with 2-503.1(a)(x), insert the following clause. MULTIPLE TECHNICAL PROPOSALS (1974 APR) In the first step of this two-step procurement, offerors are authorized and encouraged to submit multiple technical proposals presenting different basic approaches. Each technical proposal submitted will be separately evaluated and the offeror will be notified as to its acceptability. (End of clause) 7-1910.36 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7-2003.37 Step Two of Two-Step Formal Advertising. In accordance with 2-503.2(ii), insert the following provision. STEP TWO OF TWO-STEP FORMAL ADVERTISING (1974 APR) THIS INVITATION FOR BIDS IS ISSUED PURSUANT TO TWO-STEP FORMAL ADVERTISING IN PART 5 OF SECTION II OF THE ARMED SERVICES PROCUREMENT REGULATION. BIDS WILL BE ACCEPTED AND CONSIDERED ONLY FROM THOSE FIRMS WHO HAVE SUBMITTED ACCEPTABLE TECHNICAL PROPOSALS PURSUANT TO THE FIRST STEP OF SUCH PROCEDURES, AS INITIATED BY (Identify the Request for Techni cal Proposals). ANY BIDDER WHO HAS SUBMITTED MULTIPLE TECHNICAL PROPOSALS IN THE FIRST STEP OF THIS TWO-STEP PROCUREMENT MAY SUBMIT A SEPARATE BID COVERING EACH TECHNICAL PROPOSAL WHICH HAS BEEN DETERMINED ACCEPTABLE BY THE GOVERNMENT. (End of provision) 7-2003.38 Notice of Possible Standardization. In accordance with 3-213.4, insert the following. NOTICE OF POSSIBLE STANDARDIZATION (1975 OCT) It is possible that the products procured through this action may be established as standard and, at the option of the ( INSERT PROCURING DEPARTMENT), subsequent procurements may be negotiated under authority of paragraph 3–213 of the Armed Services Procurement Regulation. Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves as to all general and local conditions that may affect the cost of performance of the contract, to the extent such information is reasonably obtainable. In no event will a failure to inspect the site constitute grounds for a claim after award of the contract. (End of provision) 7-2003.40 Unnecessarily Elaborate Contractor's Proposals. In accordance with 3-501(b)Sec.C(xxiv) or 3–501(c)(xxviii), insert the following provision. UNNECESSARILY ELABORATE CONTRACTOR'S PROPOSALS/QUOTATIONS (1969 OCT) Unnecessarily elaborate brochures or other presentations beyond that sufficient to present a complete and effective proposal or quotation are not desired and may be construed as an indication of the offeror's or quoter's lack of cost consciousness. Elaborate art work, expensive paper and bindings and expensive visual and other presentation aids are neither necessary nor wanted. (End of provision) 7-2003.41 Order of Precedence. In accordance with 2-201(a)Sec.C(xlii) or 3-501(b)Sec.C(xxxi), insert the following provision. 7-2003.41 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS ORDER OF PRECEDENCE (1973 APR) In the event of an inconsistency between provisions of this solicitation, the inconsistency shall be resolved by giving precedence in the following order: (a) the Schedule (excluding the Specifications); (b) Terms and Conditions of the solicitation, if any; (c) General Provisions; (d) other provisions of the contract, when attached or incorporated by reference; and (e) the Specifica tions. (End of provision) 7-2003.42 Royalty Information. In accordance with 9–110(a)(3), insert the following provision. ROYALTY INFORMATION (1961 AUG) When the response to this solicitation contains costs or charges for royalties totaling more than $250, the following information shall be furnished with offer, proposal, or quotation on each separate item of royalty or license fee: (i) name and address of licensor; (ii) date of license agreement; (iii) patent numbers, patent application serial numbers or other basis on which the royalty is payable; (iv) brief description, including any part or model numbers of each contract item or component on which the royalty is payable; (v) percentage or dollar rate of royalty per unit; (vi) unit price of contract item; (vii) number of units; and (viii) total dollar amount of royalties; DD Form 783, Royalty Report, is approved for use in furnishing the above information. In addition, if specifically requested by the Contracting Officer prior to execution of the contract, a copy of the current license agreement and identification of applicable claims of specific patents shall be furnished. (End of provision) 7-2003.43 Notice of Cost/Schedule Control Systems. In accordance with 1-331(h), insert the following provision. NOTICE OF COST/SCHEDULE CONTROL SYSTEMS (1974 APR) (a) The offeror shall submit a comprehensive plan for compliance with the attached criteria (DODI 7000.2 Performance Measurement for Selected Acquisitions) for the internal Cost/Schedule Control Systems which are and/or will be operational for any contract resulting from this solicitation, and which includes the C/SCSC clause set forth in ASPR 7–104.87. The offeror shall identify his existing management systems separately from proposed modifications to meet the criteria. The plan shall: (i) describe the management systems and their application in all major functional cost areas such as engineering, manufacturing and tooling, as related to development of the work breakdown structure, planning, budgeting, scheduling, work authorization, cost accumulation, measurement and reporting of cost and schedule performance, variance analysis, and baseline control; (ii) describe compliance with each of the criteria, preferably by cross-referencing ap- (iii) identify the major subcontractors, or major subcontracted effort in the event major contractors. 7-2003.43 ARMED SERVICES PROCUREMENT REGULATION |