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contractors, if submitted separately from Mail showing a legible, dated postmark and the bid, modifications, or withdrawals to retain such receipt against the chance received after the time set for opening of that it will be required as evidence that a bids are late and may be considered only late bid was timely mailed. if their late receipt may be waived under
(c) The time of mailing of late bids sub
mitted by registered or certified mail shall Instruction No. 7 of Instructions to Bid
be deemed to be the last minute of the date ders (Standard Form 22). Accordingly, shown in the postmark on the registered Instruction No. 7 of Instructions to Bid- mail receipt or registered mail wrapper or on ders shall be modified as follows:
the Receipt for Certified Mail unless the bid
der furnishes evidence from the Post Office LATE BIDS AND MODIFICATIONS OR WITHDRAWALS
station of mailing which establishes an (a) Bids and modifications or withdrawals earlier time. In the case of certified mail, thereof received at the office designated in the the only acceptable evidence is as follows: Invitation for Bids after the exact time set (1) Where the Receipt for Certified Mail for receipt of bid, and if submitted separately, identifies the Post Office station of mailing, lists of subcontractors and modifications or evidence furnished by the bidder which withdrawals thereof received at the office establishes that the business day of that designated in the Invitation for Bids after station ended at an earlier time, in which the exact time set for opening of bids will not case the time of mailing shall be deemed to be considered unless: (1) They are received
be the last minute of the business day of before award is made; and either (2) they
that station; or (2) an entry in ink on the are sent by registered mail or by certified Receipt for Certified Mail showing the time mail for which an official dated Post Office of mailing and the initials of the postal stamp (postmark) on the original Receipt for employee receiving the item and making the Certified Mail has been obtained, or by tele- entry, with appropriate written verification graph if authorized, and it is determined of such entry from the Post Office station of by the Government that the late receipt was
mailing, in which case the time of mailing due solely to delay in the mails, or delay by
shall be the time shown in the entry. If the telegraph company, for which the bidder the postmark on the original Receipt for was not responsible; or (3) if submitted by
Certified Mail does not show a date, the bid mail (or by telegram if authorized), it is
shall not be considered. determined that the late receipt was due 129 F.R. 15026, Nov. 6, 1964) 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 8 5B-2.205 Bidders mailing lists. appropriate date or time stamp (if any) of such installation, or of other documentary
§ 5B-2.205_4 Excessively long bidders evidence of receipt (if readily available) with
mailing lists. in the control of such installation of the Post When preinvitation notices are used Office serving it. However, a modification
pursuant to FPR 1-2.205-4(c) in connecwhich makes the terms of the otherwise ac
tion with construction contracts, such ceptable bid more favorable to the Government will be considered at any time it is
notices shall include an estimate of the received and may thereafter be accepted.
cost of the work to be performed under (b) Bidders using certified mail are
the contract expressed as a range within cautioned to obtain a Receipt for Certified which the estimate falls.
Subpart 5B-16.5—Forms for Building Service
Contracts Sec. 5B-16.501-70 Scope of subpart. 5B-16.501-71 Forms prescribed. 5B-16.501-72 Optional use.
Subpart 5B-16.9-Illustrations of Forms 5B-16.950_1411B GSA Form 1411B, Con
tractor's Representation Regarding Contingent Fees (Contract for
Building Services). 5B-16.950–1467 GSA Form 1467, Invita
tion, Bid, and Award (Contract for Building
Services). 5B-16.950–1468 GSA Form 1468, General
Provisions (Contract for
Building Services). AUTHORITY: The provisions of this part 5B-16 issued under sec. 205 (c), 63 Stat. 390, 40 U.S.C. 486(c); and 41 CFR 5–1.101(c), 28 F.R. 4559.
$ 5B-16.501-71 Forms prescribed.
The following GSA forms are prescribed for use in procuring building services in accordance with the limitations stated in $ 5B-2.201-70.
(a) GSA Form 1411B, Contractor's Representation Regarding Contingent Fees (Contract for Building Services).
(b) GSA Form 1467, Invitation, Bid, and Award (Contract for Building Services).
(c) GSA Form 1468, General Provisions (Contract for Building Services). & 53–16.501-72 Optional use.
While the forms described in this Subpart 5B-16.5 are used in procuring building services by formal advertising, they may also be used for negotiated contracts if appropriate changes are made. For example, the reference to sealed bids and public opening may be lined out and appropriate wording substituted.
SOURCE: The provisions of this part 5B-16 appear at 28 F.R. 5458, June 4, 1963.
Subpart 5B-16.5—Forms for Building
Service Contracts & 53–16.501-70 Scope of subpart.
This subpart sets forth forms for use in procuring building services. Such forms are illustrated in Subpart 5B-16.9.
Subpart 5B-16.9-Illustrations of
Forms & 53–16.950–1411B GSA Form 1411B,
Contractor's Representation Regarding Contingent Fees (Contract for Building Services).
OENERAL SERVICES ADMINISTRATION
CONTRACTOR'S REPRESENTATION REGARDING
The Contractor represents: (Check appropriate boxes)
has not, employed or retained any company or person (other than a
full-time, bona fide employee working solely for the Bidder) to solicit or secure this contract; and (b) That he has
has not, paid or agreed to pay any company or person (other than a
full-time, bona fide employee working solely for the Bidder) any fee, commission, percentage or
brokerage fee contingent upon or resulting from the award of this contract; and agrees to fumish
infomation relating to (a) and (b), above, as requested by the Contracting Officer. (For interpreto
tion of this representation, including the term "bona fide employee,' see Code of Federal Regula
§ 5B-16.950–1467 GSA Form 1467, Invitation, Bid, and Award (Contract for Building Services).
INFORMATION REGARDING BIDDING MATERIAL MAY BE OBTAINED FROM THE ISSUING OFFICE, SEALED BIDS in duplicate covering work described in the schedule of requirements and specifications attached, and subject to instructions on the reverse hereof, GSA Form 1468, General Provisions, and all other terms and conditions contained in attachments hereto entitled and dated as follows:
will be received at the Bid Receiving Office until and at that time publicly opened.
(Date) Sealed envelopes containing Bids shall be addressed to the Bid Receiving Office, and shall be marked to show:
SIDDER REPRESENTS (Check appropriate bor 1. That he is, is not, a sika business concern. For the purpose of bidding on contracts for custodial
and janitorial services, any concern is small if its average annual receipts for the preceding three fiscal years do not exceed $1,000,000. Generally, in the case of other service contracts, a small business concern is a concern that is not dominant in its field of operation and, with its affiliates, ernploys fewer than
500 employees. For additional information see governing regulations of the Small Business Administration. 2. That he operates as an individual, partnership. corporation incorporated in
(Name of State)
Notice to proceed will be issued upon receipt of acceptable evidence of required insurance.
(b) Page 2 of GSA Form 1467.
INSTRUCTIONS TO BIDDERS
1. EXPLANATIONS TO BIDDERS. Any explanation desired by a bidder regarding the meaning or interpretation of the invitation for bids, requirements and 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 bids, requirements and spec. ifications, etc., and will be furnished to all prospective bidders.
Act requires that employees subject to the Act shall be paid wages at not less than rates prescribed by said Act; regulates the compensation for overtime work and places restrictions on the employment of minors. Inquiries concerning the appli. cation of the Act should be directed to the appropriate field Office of the Wage and Hour Division of the Department of Labor.
7. 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 mail or by certified mail for which an official dated post office stamp (postmark) on the original Re. ceipt for Certified Mail has been obtained, or by telegraph 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 Hidder was not respon. sible; or (3) if submitted by mail (or by telegram if authorized), it is determined that the late receipt was due solely to mishandling by the Government after receipt at the Goverament installation: Provided, That timely receipt at auch installation is established upon examination of an appropriate date or time stamp (if any) of quch installation, or of other documentary evidence of poceipt (if readily available) within the costroll such
inotallation the post office serving it. However, a gopification which makes the terms of the otherwise acceptable bad mortelavprakldto the Government will be considered at any
received and may thereafter be accepted.
4. PREPARATION OF BIDS.
(a) Bids shall be submitted on the forms furnished, or copies thereof, and must be manually signed. If erasures or other changes appear on the forms, each erasure or change must be initialed by the person signing the bid. Unless apecifically authorized in the invitation for bids, telegraphic bids will not be considered.
Xb1 Badders using certified mail are cautioned to obtais a debly postmarked dated Receipt for Certified Mail and retain It against the chance that the postmark thereon will be required as evidence that a late bid was timely mailed. If the postmark on such receipt, or on the registered mail wrapper, shows the hour of mailing as well as the date, the time of mailing shall be established accordingly;if it shows the date but not the hour, the time of mailing shall be deemed to be the last minute of the date shown unless the bidder furnishes evidence from the post office of mailing which, (1) in the case of registered mail, establishes an earlier time; or (2) in the case of certified mail, where the Receipt for Certified Mail identifies the post office station of mailing, establishes that the business day of that station ended at an earlier time, in which case the time of mailing shall be deemed to be the last minute of the business day of that station. If any such Receipt for Certified Mail doen not show the date, the bid shall not be considered, 8. WITHDRAWAL OF BIDS, Bide may be withdrawn by written or telegraphic request received from bidders prior to the tisse set for opening of bids. 9. PUBLIC OPENING OF BIDS. Bido will be publicly opened at the time set for opening in the invitation for bids. Their content will be made public for the information of bidders and others interested, who may be present either in person or by representative. 10. AWARD OF CONTRACT
(a) Award of contract will be made to that responsible bidder whose bid, conforming to the invitation for bide, is most advantageous to the Government, price and other factors considered.
(6) The Government may, when in its interest, reject any or all bids or waive any informality in bids received.
(b) Unless called for, alternate bide will not be considered.
(c) Modification of bids already submitted will be considered if received at the office designated in the invitation for bide by the time set for opening of bids. Telegraphic modilications will be considered, but should not reveal the amount of the original or revised bid,
5. SUBMISSION OF BIDS, Bids must be scaled, marked, and addressed as directed on the face of thi, form. Failure to do so may result in a premature opening of, or a failure to open, such bid.
6. FAIR LABOR STANDARDS ACT. The bidder's attention is called to the Fair Labor Standards Act of 1938 (52 Stat. 1060) and any amendments the reto, Among other thing., the said