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48 CFR Ch. 5 (10-1-93 Edition)

or

competition and/or result in higher or services to be grouped and previous
prices due to the loss of "area pricing" contract prices.
advantages when a potential supplier (2) When proposed list prices will be
has a single production point.

used for the first time, prospective bid(ii) Conversely, for many smaller ders should be given an opportunity to commercial items (hand tools, locks, review the proposed list and furnished etc.) manufacturers may quote the information on how the list prices will same price for delivery anywhere in the be used. Copies of the draft solicitation U.S.

may be provided. (iii) Contracting officers should ob- (3) The contracting officer must entain the advice and assistance of trans- sure that items are properly grouped portation specialists before grouping and that the list prices for the grouped geographic locations

delivery items bear a reasonable and balanced points, to include information regard- relationship to one another. Before ing the location of tariff boundaries. using prices resulting from awards

made under the weighted item method 514.272 Price list method.

to develop price lists, those prices must (a) General. The price list method be reviewed to ensure that they did not may be used to avoid unbalanced bid- result from unbalanced bidding. ding in requirements and indefinite quantity/indefinite delivery contracts

514.272–1 Supply contracts. when aggregate awards will be made (a) Estimated requirements for each and accurate estimates of anticipated item in a group or for the entire group quantities are unavailable. This meth- must be shown in the solicitation. For od utilizes pre-established list prices contracts for store stock items, estifor acquiring groups of similar items, mated quantities should be shown only services, or repairs and alterations. if estimates of demand for each item The following elements of the price list within a group can be derived from method must be included in the solici- Government records (or verified contation:

tractor sales reports). All the esti(1) A pre-established price list.

mates must be current. If the Govern(2) An estimate of requirements, if ment's needs cannot be estimated, the available.

solicitation may include past orders. (3) A requirement that a bidder ex- (See CG Decision, B-209037, 82–2 CPD press its price as “net” or as a percent- para 323 (1982).) age added to or subtracted from the (b) The bidding schedule must clearly list prices for each group.

state that bidders must quote only one (4) The percentage factor in (a)(3) of percentage factor for each group, which this section is a price related factor, must be expressed as either "net" or as which must be identified in Section M a deduction from or an addition to the of the Uniform Contract Format.

listed prices. (b) Development of pre-established list (c) The following illustrates a bidprices. (1) Pre-established list prices ding schedule arrangement for a group may be developed by one or more of the of items for aggregate award under the following methods:

price list method: (i) Industry published prices.

Drills, Twist, High Speed, under Federal (ii) Industry surveys.

Specification (dated

_) and Amend(iii) Government cost estimates

ment
(dated

), Wire gauge based upon knowledge of the supplies sizes, straight shank, shortlength, Type C:

Item No.

National stock No.

Drill size

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2

an AWN

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The bid on each item above is the list price shown minus/plus

percent. (Bidder, insert "net" or a single percentage amount in the blank space and cross out minus or plus, as appropriate.)

(ii) During other than normal working hours multiplied by the Government's total estimate adjusted by the bidder's percentage factor for that portion of the work.

(2) Award must be made to the responsible and responsive bid omitting the lowest evaluated bid price.

(3) When additional evaluation factors such as options are used, they must be identified in the solicitation.

Subpart 514.3-Submission of Bids

514.272–2 Repair and alteration con

tracts. (a) The solicitation shall:

(1) Contain a statement indicating the percentage of work anticipated to be performed during normal working hours;

(2) Define “normal” in terms of hours and days of the week; and

(3) List the quantities, if available, and unit prices for work performed during both normal working hours and outside of normal working hours.

(b) Instructions, conditions, and notices to bidders. (1)(i) Bidders should be advised of the previous year's total expenditures or portions of that total attributable to the listed items.

(ii) When estimates are provided, the solicitation must state that the quantity estimates are furnished for information only and are not to be construed as guarantees or commitments to order items under the contract.

(2) Bidders shall be instructed to quote two or more percentage factors to be applied as specified in (b)(2) (i) and (ii), of this section. The percentage factor(s) must be expressed as “net," or as an addition to or subtraction from the applicable unit prices.

(i) For the line item unit prices listed in the solicitation, two percentage factors must be solicited: one to be applied to the unit prices for the percentage of work performed during normal working hours and the second to be applied to the unit prices for the percentage of work performed outside of normal working hours.

(ii) When unit prices are further grouped by trade or business category, multiple percentages may be required.

(C) Evaluation factors for award. (1) When two percentage factors are solicited under (b)(2)(ii) of this section, the evaluated bid price is the sum of the percentage of work performed

(i) During normal work hours multiplied by the Government's total estimate adjusted by the bidder's percentage factor for that portion of the work, and

514.301 Responsiveness of bids. 514.303 Modification or withdrawal of

bids. (a) When a telegraphic modification or withdrawal of a bid is received by telephone under the circumstances in FAR 14.303, the identity of the telegraph office employee telephoning the message should be obtained and recorded in the solicitation file.

(b) The receipt required by FAR 14.303(b) for withdrawal of a bid in person should be worded as follows:

I certify as a bona fide, agent for or rep resentative of (Bidder's name and address), I am authorized to withdraw the bid on IFB No.

scheduled for opening on

and hereby acknowledge receipt of the unopened bid.

(Name and telephone no.)

(Date)

514.304 Late bids, late modifications of

bids, or late withdrawal of bids. 514.304-1 General.

Upon receipt of a late bid, the bid custodian should record it on the duplicate copy of the list of bidders and immediately notify the responsible contracting officer that the bid has been received. The contracting officer will arrange for the bid to be picked up or delivered.

514.370 Copies of bids required in sub

mission. Bids must be submitted in an original and at least one copy. The original will be used by the contracting activity for the tabulation of bids. The copy will be retained by the BSC for public information until the bid abstract is

available to replace it. Supplemental for, Bids and Responses, or the approfinancial forms or other information priate bid abstract form, the name and submitted with a bid, must be retained address of all responses, including any by the contracting activity and must bid modification, received before bid not be retained by the BSC for public opening time. When a bid previously information.

recorded on this list is withdrawn, the

list will so indicate. Subpart 514.4-Opening of Bids (b) At the scheduled bid opening and Award of Contract

time, the bid custodian will deliver all

bids received in response to the invita514.401 Receipt and safeguarding of tion, together with the original and bids.

one copy of the GSA Form 1378, Record (a) Except as otherwise provided in of, and Receipt for, Bids and Responses, paragraph (c), bids and modifications or other appropriate bid list to the aumust be received and safeguarded by thorized bid opening official or desthe appropriate BSC until the time ignee, who will acknowledge receipt of specified for opening. Bids received the bids by signing the duplicate copy should be handled as follows:

of the form and returning it to the bid (1) At the initial point of receipt, custodian. The original list becomes each envelope (or other covering) re- part of the contract file. ceived by mail and identified as con- (c) Business Service Center Directors taining a bid should be immediately may designate an individual(s) working time-stamped or indicated thereon the at a PBS Facility Support Center or place, date, and time of receipt by au- Enhanced Field Office as a bid custothorized personnel. Then the bid(s) dian, provided: (1) Adequate space and should be delivered by special handling facilities are available within the Fato the bid custodian in the Business cility Support Center or Enhanced Service Center.

Field Office, (2) the individual(s) has (2) Mailed bids and modifications de- been trained and (3) the Facility Suplivered to the bid custodian before bid port Center or Enhanced Field Office opening time should be recorded on the has a Small Business Technical Advibidder's list on the same day they are sor. If such designations are made, the delivered and then placed in a suitable designated bid custodian must submit locked cabinet.

monthly reports to the BSC Director (3) Hand-carried bids delivered before for forwarding to the Office of Small bid opening time should be deposited in and Disadvantaged Business Utilizathe locked bid box. In the event a hand- tion (AU). carried bid is not placed in the bid box by the bidder, but is handed to the bid 514.402 Opening of bids. custodian or other GSA employee, it should be time stamped immediately

514.402-1 Unclassified bids. and then handled in the same manner (a) Public bid openings will be held in as provided for mailed bids. At least the BSC when the BSC is the bid custoonce daily (and immediately preceding dian. When the bid opening will be held the time for each scheduled bid open- elsewhere, the contracting officer shall ing), the bid custodian should remove inform the BSC serving the geographic and time stamp the bids, record them area in which the contracting office is and place them with any other bids located of the invitation number and previously received.

the location where the public bid open(4) Telegraphic or facsimile bid, if au- ing will be held. thorized, and modifications must be (b) The assistant bid opening officer sealed in envelopes immediately upon shall be a qualified employee of the receipt, appropriately identified, and contracting office. Upon authorization handled in the same manner as bids by the HCA and the Director of Small submitted by mail.

and Disadvantaged Business Utiliza(5) For each invitation, the bid custo- tion in Central Office or the Director of dian will prepare a list indicating the the Business Service Center in the reinvitation number and listing on the gion, bids may be opened by selected GSA Form 1378, Record of, and Receipt BSC personnel. Normally, this author

ization will be requested only when the geographic distance separating the BSC where bids are to be delivered and the contracting office makes it impracticable for the bid opening officer or designee to be present to open bids. (See FAR 14.402–1(b).)

(c) Bid openings are open to business representatives, members of the press, and the general public.

(d) To ensure that bids will be opened at the exact time specified, the bid opening official will verify the accuracy of the timepiece to be used.

(e) For the information of those bidders present, approximately oneminute prior notice of bid opening will be announced audibly by the bid opening official.

(f)(1) The bid opening official shall take precaution to ensure that the exact time of opening has arrived and shall announce this fact audibly, citing the invitation or invitations scheduled for opening. The opening of bids will then proceed in full view of the parties present.

(2) For construction contracts that provide for bid alternates, the amount of funds available for the award will be announced before opening bids.

(g) In reading bids, the following information from each bid should be announced when considered practicable and feasible: The bidder's name, item and unit price bid, and other pertinent information, such as delivery and discount terms. A copy of each bid submitted in multiple copies should remain in the bid opening room until the bid abstract is substituted. For bids submitted in an original only see FAR 14.402-1(c).

(h) No alterations or notations to any bid after it has been formally opened will be permitted.

(i) Negotiable instruments submitted as bid guarantees to meet solicitation requirements must be forwarded by the bid opening official to the Finance Division in accordance with procedures established by the Comptroller. When award is made, the solicitation is cancelled, or all bids are rejected, the contracting officer shall direct the Finance Division to refund the amount of the bid guarantee to the unsuccessful bidder(s). Bid guarantees may be returned before award when a bidder re

quests the guarantee be returned and the bidder is not in contention for the award. Other forms of bid guarantees (e.g., bid bonds, letters of credit, corporate and individual sureties, etc.), must be retained by the contracting officer and included in the contract file.

(j) A record, including at least the names of persons attending the bid opening and the firms or organizations they represent, should be made a part of the solicitation file.

(k) When multiple copies of bids are received, the bid opening official shall verify the entries on all copies. If there is a discrepancy between the copies of a bid, the contracting officer shall direct the bidder's attention to the suspected mistake and shall follow the procedures set forth in FAR 14.406 concerning mistakes in bids.

(1) Envelopes in which bids and bid modifications are received should be retained in a temporary file until after all awards have been made. At that time, those which bear notations concerning abnormal receipt or opening for identification should be made a part of the solicitation file and the remainder may be destroyed.

514.403 Recording of bids.

(a) A copy of the abstract of bids and any amendments must be furnished to the appropriate BSC as soon as practicable and be available for public examination for at least 30 calendar days. Late bids determined eligible for consideration must be included on the bid abstract form. If eligibility is established after delivery of the original tabulation, the bids are recorded separately and identified as an amendment to the original tabulation.

(b) Abstracts involving aggregate awards must record unit prices, weight factors and aggregate totals for each aggregate group in addition to any other information required for bid evaluation.

(c) For building services, the GSA Form 3471, Abstract of Offers, is authorized for use by contracting activities in the Public Buildings Service (PBS) instead of the Standard Form 1409, Abstract of Offers.

514.404 Rejection of bids.

a

(b) Explanations which involve cases of a sensitive or controversial nature must be accompanied by all supporting documentation to justify awards, such as copies of the offer to be rejected and the proposed awardee, statements from (or record of conversation with) the requisitioning activity, plant facilities and/or financial responsibility reports, and other relevant correspondence or reports (Certificates of Competency, copies of Congressional correspondence or other high level interest, etc.). (54 FR 26514, June 23, 1989, as amended at 56 FR 47005, Sept. 17, 1991)

514.404-1 Cancellation of invitations

after opening. (a) Cancellation of invitations. The HCA or designee makes any determinations required by FAR 14.404-1.

(b) Extension of time for bid acceptance. (1) While the number of bidders requested to extend their bids as provided in FAR 14.404-1(d) is a matter of judgment on the part of the contracting officer, consideration should be given to requesting the extension from all bidders having a reasonable chance to receive an award.

(2) Requests for time extensions may be made using GSA Form 2981 and must specify a period reasonable under the circumstances.

(3) If time is critical, the contracting officer may request an extension by telephone, facsimile, or telegraph, but the bidder's response or confirmation must be in writing.

(4) If a Standard Form 24, Bid Bond, has been executed, the consent of the surety is necessary for any extension exceeding by more than 60 calendar days the period originally allowed for acceptance.

(5) If a bidder does not grant the additional bid acceptance time requested, special action should be taken to accomplish acceptance of the bid within the time allowed by the bidder. Should it be advisable to permit the bid to expire, the contracting officer shall promptly, before expiration of the bid, refer the case to the appropriate contracting director for a decision.

514.405 Minor informalities or irreg.

ularities in bids. Failure to submit all of the pages of the solicitation is a minor informality or irregularity under FAR 14.405 when the bid as submitted indicates that the bidder takes no exception to the requirements of the solicitation and intends to be bound by all its terms in any resultant contract.

514.406 Mistakes in bids.

514.406-3 Other mistakes disclosed be

fore award. (a) Delegations of authority by head of the agency. In accordance with FAR 14.4063(e), the contracting directors (see 502.101) are authorized, without power of redelegation, to make the determinations regarding corrections and/or withdrawals treated in FAR 14.406-3 (a), (b), and (c), and to make the corollary determinations not to permit withdrawal or correction for reasons indicated in FAR 14.406-3(d).

(b) Format for determinations. Determinations under FAR 14.406-3 must be prepared in the following format. Findings and Administrative Determination

Alleged Mistake in Bid (“Prior to Award" or "After Award")

514.404–2 Rejection of individual bids.

(a) Individual bids rejected on the basis of responsiveness, responsibility, or eligibility and bids rejected because the bid after evaluation is no longer low shall be documented as provided in FAR 14.404–2(k) and noted in the "Remarks" block on GSA Form 1535, Recommendation for Award(s). Examples of bids which may no longer be low after evaluation include aggregate bids (see 514.271), "all or none” bids (see 552.214-73), and bids evaluated using Buy American differentials (see FAR 25.105 and 525.105–70).

Ву

(Name of Bidder)

(IFB No. ). Pursuant to Federal Acquisition Regulation 14.406 and General Services Administration Acquisition Regulation 514.406, I hereby make the following findings:

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