contractors, if submitted separately from the bid, modifications, or withdrawals received after the time set for opening of bids are late and may be considered only if their late receipt may be waived under Instruction No. 7 of Instructions to Bidders (Standard Form 22). Accordingly, Instruction No. 7 of Instructions to Bidders shall be modified as follows: 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 receipt of bid, and if submitted separately, lists of subcontractors 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 Receipt for Certified Mail 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 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 of the Post Office serving it. However, a modification which makes the terms of the otherwise acceptable bid more favorable to the Government will be considered at any time it is received and may thereafter be accepted. are (b) Bidders using certified mail cautioned to obtain a Receipt for Certified Mail 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 mail receipt or registered mail wrapper or on the Receipt for Certified Mail 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 Mail 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 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 Mail 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 Mail does not show a date, the bid shall not be considered. [29 F.R. 15026, Nov. 6, 1964] § 5B-2.205 Bidders mailing lists. § 5B-2.205-4 Excessively long bidders mailing lists. When preinvitation notices are used pursuant to FPR 1-2.205-4(c) in connection with construction contracts, such notices shall include an estimate of the cost of the work to be performed under the contract expressed as a range within which the estimate falls. Forms prescribed. PART 5B-16-PROCUREMENT 5B-16.950-1467 5B-16.950-1468 tractor's Representation GSA Form 1468, General 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. 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 § 5B-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. § 5B-16.501-71 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). § 5B-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. Subpart 5B-16.9-Illustrations of Forms § 5B-16.950-1411B GSA Form 1411B, Contractor's Representation Regarding Contingent Fees (Contract for Building Services). GENERAL SERVICES ADMINISTRATION CONTRACTOR'S REPRESENTATION REGARDING (CONTRACT FOR BUILDING SERVICES) The Contractor represents: (Check appropriate boxes) (a) That he has, 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 information 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 tions, title 41, Subpart 1-1.5.) SPECIMEN The following to be filled in by Bidder: Invitation No. § 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. (Time) (Date) Sealed envelopes containing Bids shall be addressed to the Bid Receiving Office, and shall be marked to show: Bidder's Name and Address; Reference. ; Time and Date of Opening. BID (This section to be completed by Bidder) The undersigned agrees, if this Bid is accepted within. DATE OF BID: calendar days after date of opening, to complete all work specified in strict accordance with the above) ented documents for the following amount SPECIMEN BIDDER REPRESENTS (Check appropriate box 1. That he including all applicable Federal, State, and local taxes. is, is not, a small 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, employs 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) NAME AND ADDRESS OF BIDDER (Street, city, zone and State. Please SIGNATURE OF PERSON AUTHORIZED TO SIGN THIS BID print) AWARD (This section for Government use only) SIGNER'S NAME AND TITLE (Type or print) DATE OF AWARD: The above Bid is accepted in the amount of $. You are directed to proceed with the work upon receipt of this Award. 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 specifications, etc., and will be furnished to all prospective bidders. 2. VISIT TO BUILDING. Bidders should visit the building and take such other steps as may be reasonably 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 not relieve bidders from responsibility for estimating properly the difficulty or cost of successfully performing the work. The Government will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the invitation for bids, the requirements and specifications, or related documents. 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 application 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 Receipt for Certified Mail 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 Hidder was not responsible; 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 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 the post office serving it. However, a modification which makes the terms of the otherwise acceptable bidmorefavorable to the Government will be considered at any received and may thereafter be accepted. 3. BIDDER'S QUALIFICATIONS. Before a bid is considered 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. Bidders may also be required to show that they have the ability to maintain a staff of reguler employees adequate to insure continuous performance of the work, The Government also reserves the fight donelder (a) satisfactory performance within pproxmately the st two years, in the general area of the building or other location described in the Invitation, Bid, and Award of operations similar in scope and type to those required the pertinent bidding and contract documents; (b) suffichaney, adequacy and suitability of bidder's equipment for the work contemplated; and (c) adequacy of financial resources. 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. (b) Unless called for, alternate bids 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 modifications will be considered, but should not reveal the amount of the original or revised bid. 5. SUBMISSION OF BIDS. Bids must be sealed, marked, and addressed as directed on the face of this 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 thereto. Among other things, the said April 1963. Bidders using certified mail are cautioned to obtain a dibly 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 does not show the date, the bid shall not be considered. 8. WITHDRAWAL OF BIDS. Bids may be withdrawn by written or telegraphic request received from bidders prior to the time set for opening of bids. 9. PUBLIC OPENING OF BIDS. Bids 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 biddere 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 bids, is most advantageous to the Government, price and other factors considered. (b) The Government may, when in its interest, reject any or all bids or waive any informality in bids received. Reverse of GSA Form 1467 |