7102.04 CHANGE 15, 30 Sep 50 "post office. If a metering device is used in stamping the envelope containing the bid, there shall be noted on said envelope the following: 'Postmaster please cancel.' The time as shown by such post of fice cancellation will be the only evidence considered as to the hour and date of posting." c. Numbering. Every invitation for bids (including the invitation form, and the specifications), will carry a serial number in the upper right-hand corner of each document in accordance with the system prescribed by JPR 3-101.2(1). In all cases where addenda are issued to any of the papers forming a part of the invitation, such addenda will be numbered consecutively and bear the same serial number as the invitation for bids in the upper right-hand corner. d. Time allowed. See JPR 3-101.3(9) and (10) for the time allowed between the date of issuance of bids and the date of opening bids. e. Coordination of bid openings on construction projects. (1) General. In order to more effectively control the scheduling of openings of bids on major military and civil works construction projects to prevent conflict between proposed openings of construction work prosecuted by the Corps of Engineers and major construction projects scheduled for opening by other agencies of the Federal Government, opening dates for all construction, regardless of the funds involved, will be coordinated as follows: Less than $1,000,000 $1,000,000 and over -No coordination required except within the division and when appropriate with adjacent divisions. -Approval by the Chief of Engineers. (2) Approval. In cases requiring approval of the Chief of Engineers, request will be submitted by letter, or teletype if time does not permit submission by letter, addressed to the attention of ENCAC. The request will include the invitation number, a brief description of the work covered by the invitation, type of funds, a general estimate of the cost of the work and proposed date of opening. (3) Postponing date of opening. If it becomes necessary to postpone the date of opening on invitations which originally required approval of the Chief of Engineers, clearance will be obtained from the Chief of Engineers. This request will be made by teletype addressed to the attention of ENGAC and will include the invitation number, a brief statement of the necessity for postponement and the new opening date proposed. (4) Restricting bid opening days. To encourage the widest possible competition through cooperation with the construction industry, bid openings on construction projects, regardless of funds involved, will not be scheduled on Mondays or on days immediately preceding or following a recognized holiday, except where an emergency or other justifiable circumstances makes such action unavoidable. CHANGE 13, 1 Mar 50 To Part I, Chapter VII 7102.13 b. Contractor's acknowledgment. When a notice to proceed is issued, the contractor will acknowledge receipt thereof by signing and dating the acknowledgment in triplicate. The original and one copy will be returned to the contracting officer and the third copy retained by the contractor. Proceeding before approval of bonds. It is not necessary to delay commencement under the contract pending approval of bonds by The Judge Advocate General. Such action will be at the discretion of the contracting officer. In the event exceptions are taken to the bonds the contractor will immediately take steps to remove such exceptions or submit new bonds. d. Distribution. If a notice to proceed is required by the contract, the original thereof will be attached to the original signed number of the contract and the duplicate and triplicate numbers thereof will be attached to the duplicate and triplicate copies of the contract. Commencing performance. Contractors in no case will be required to begin performance prior to the commencement date fixed in the contract or in a notice to proceed. If they voluntarily do so they act at their own risk, if the contract is ultimately not signed (and approved when required). Contractors, will not be required to commence performance until (1) the contractor has furnished performance and payment bonds, when required, and (2) the contract is signed by the contractor and the contracting officer, and approved, when approval is required. 7102.14 Reserved 7102.15 Reserved 7102.16 Standard Form No. 1036, Statement and Certificate of Award. a. Generally U. S. Standard Form No. 1036 will be used to support all contractural instruments, both formal and informal, except negotiated purchases and purchase or delivery orders issued under indefinite quantity contracts or purchase notice agreements. In connection with negotiated purchases, either the notation "Negotiated Contract" initialed by the officer negotiating the contract will appear under or in close proximity to contract symbol and number on the cover sheet of the contract, or the contract will show in the wording thereof that it was negotiated and the statutory authority under which it was negotiated. Standard Form 1036 may, if desired, be utilized in the case of negotiated contracts. In all cases where Standard Form 1036 is utilized it must be attached to and accompany the agreement to the General Accounting Office. When award is made to other than the lowest bidder (expenditure contracts) a detailed statement as to the reasons therefor will be included in Standard Form 1036 and a copy of the abstract of bids attached thereto. The same procedure will be followed in contracts involving the receipt of funds if award is made to other than the highest bidder. b. Comptroller General's Decision on a mistake in bid. Where an award involves a mistake in bid on which the Comptroller General has rendered a decision, the decision of the Comptroller General will also be cited by 7102.16 CHANGE 12, 20 Aug 49 To Part I, Chapter VII number and date on the copy of U. S. Standard Form No. 1036 intended for the General Accounting Office or a copy thereof securely attached to that form. 7102.17 Contract Cost Principles Attention is particularly directed to the provisions of Section XV of ASPR relating to contract cost principles. Close cooperation between personnel responsible for the propriety of contract prices and the negotiation of contracts and personnel in legal branches of division and district offices will be maintained; to effect this a representative of such legal branches will be present in the negotiation of large contracts in order to render advice during negotiations and in order that contracts resulting therefrom may, to the greatest possible extent, effect the close pricing results intended by the negotiators. 7102.18 Type of Contract. (See ASPR 3-400 to 3-411) 7102.19 Reserved. 7102.20 Government Bills of Lading Government bills of lading should be used in all cases where a net saving will accrue to the Government. Section 22 of the Interstate Commerce Act, as amended (49 U.S.C.A. 22), provides that "Nothing in this chapter shall prevent the carriage, storage or handling of property free or at reduced rates for the United States, ***." The foregoing provision does not specifically require, as a condition precedent to the granting of the reduced rates so authorized, that the property transported shall be property of the Government at the time of its transportation; it refers to transportation for the Government and, subject to the requirement that any reduction in rates shall accrue to the Government and not to the contractor or other individual, ownership of the property transported is not material. 12 CHANGE 15, 30 Sep 50 To Part I, Chapter VII 7103.03 Such transmittals in modification of contracts will also include statements as to the following: (1) Necessity for change, (2) Reason for omission from original plans and specifications, and (3) Availability of funds. (See par. 7103.25.) 7103.04 Standard Forms to Be Used a. Standard forms. Only standard forms will be used when applicable. Standard forms for purposes of this chapter are defined to include only those contract, supplemental agreement, change order, release, etc., forms appearing in PR 13 or in section 13 of this part I. b. Deviations from standard forms. (See JPR 5-200 to 5-202 incl.) JPR and this part I, do not permit of material deviation from standard forms except for cogent reasons, and in such cases, the changes will be listed in the paragraph of the contract headed "Alterations" and a statement of the reasons for such changes will be included in the letter transmitting such contracts to the Chief of Engineers, attention: Legal Division, for approval. C. Letter orders will be used only as permitted by ASPR 3-408 and JPR 4-301. The definitive contract replacing the letter order will bear the same date as the letter order, will refer to such letter order, and will state that the terms and conditions thereof are superseded thereby. In all cases where letter orders are used, they will be supplanted by definitive contracts at the earliest practicable date, not in excess of 30 days. Letters of intent will not be used. See paragraph 7115.11 for delegation of authority to amend letter orders to insert an approved termination article, including a provision for the allowance of profit, which is delegated to contracting officers. |