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first sentence of the basic clause when authorized:
The supplies furnished under this contract shall not be more than days old, beginning with the date of manufacture (month, day, year) marked on the container. 652.210-73 Age on delivery.
As prescribed in 510.011(c), insert the following clause:
AGE ON DELIVERY (MAY 1989) Included in the description of each shelflife item is a statement regarding the “age on delivery." The age of the item(s) shall not exceed the number of months shown in the item description, counted from the first day of the month after the month of manufacture to the date of delivery to the specified delivery point(s). If the age of the supplies delivered under this contract is greater than the number of months shown, the Government may exercise its right to reject the supplies under paragraph (f) of FAR clause 52.246–2, Inspection of Supplies Fixed Price.
identified in the offer and reasonably available to the purchasing activity. Accordingly, to ensure that sufficient information is available, the offeror must furnish with its offer all descriptive material (such as cuts, illustrations, drawings, or other information) necessary for the purchasing activity to (1) determine whether the product offered meets the specified salient characteristics, and (11) establish exactly what the offeror proposes to furnish. The information furnished may include specific references to information previously furnished or otherwise reasonably available to the purchasing activity.
(2) An offeror proposing to modify a product to make it conform to the requirements of the solicitation shall (1) include in its offer a clear description of the proposed modifications and (ii) clearly mark any descriptive material to show the proposed modifications.
(3) In sealed bidding, modifications proposed after bid opening to make a product conform to a brand name product referenced in the solicitation will not be considered.
(End of Clause)
(End of Clause)
As prescribed in 510.011(e) insert the following clause:
MARKING (APR 1984)
552.210-74 Brand name or equal.
As prescribed in 510.011(d) insert the following clause:
BRAND NAME OR EQUAL (MAY 1989) (As used in this clause, the term “brand name" includes identification of products by make and model.)
(a) Identification of items in this solicitation by a “brand name or equal" description is intended to indicate the quality and characteristics of products that will be satisfactory and is not intended to be restrictive. Offers of “equal" products (including products of the brand name manufacturer other than the one described by brand name) will be considered for award if such products are clearly identified in the offers and are determined by the Government to meet fully the salient characteristics requirements listed in the solicitation.
(b) Unless clearly indicated in the offer that an “equal" product is offered, the offer shall be considered as offering a referenced brand name product.
(c)(1) An offeror proposing to furnish an “equal" product shall insert the name of the product in the space provided in the solicitation or otherwise clearly identify the product. The Government's determination as to the acceptability of the “equal" product shall be based on information furnished or otherwise identified in the offer as well as other information reasonably available to the purchasing activity. Caution to Offerors. The purchasing activity is not responsible for locating or securing any information not
(a) General requirements. Interior packages, if any, and exterior shipping containers shall be marked as specified elsewhere in the contract. Additional marking requirements may be specified on delivery orders issued under the contract. If not otherwise specified, interior packages and exterior shipping containers shall be marked in accordance with the following standards:
(1) Deliveries to civilian activities. Supplies shall be marked in accordance with Federal Standard 123, edition in effect on the date of issuance of the solicitation.
(2) Deliveries to military activities. Supplies shall be marked in accordance with Military Standard 129, edition in effect on the date of issuance of the solicitation.
(b) Improperly marked material. When Government inspection and acceptanceare at destination, and delivered supplies are not marked in accordance with contract requirements, the Government has the right, without prior notice to the Contractor, to perform the required marking, by contract or otherwise, and charge the Contractor therefor at the rate specified elsewhere in this contract. This right is not exclusive, and is in addition to other rights or remedies provided for in this contract.
(End of Clause) *The rate to be inserted in the above clause shall be determined and published by the Commissioner, Federal Supply Service, or a designee.
552.210-77 Preservation, packaging
and packing. As prescribed in 510.011(g), insert the following clause:
PACKING LIST (Dec 1989) (a) A packing list or other suitable ship ping document shall accompany each shipment and shall indicate: (1) Name and address of the consignor; (2) Name and complete address of the consignee; (3) Government order or requisition number; (4) Gov. ernment bill of lading number covering the shipment (if any); and (5) Description of the material shipped, including item number, quantity, number of containers, and package number (if any).
(b) When payment will be made by Government commercial credit card, in addition to the information in (a) above, the packing list or shipping document shall include: (1) Cardholder name and telephone number and (2) the term “Credit Card."
(End of Clause)
PRESERVATION, PACKAGING, AND PACKING
(APR 1984) Unless otherwise specified, all items shall be preserved, packaged, and packed in accordance with normal commercial practices, as defined in the applicable commodity specification. Packaging and packing shall comply with the requirements of the Uniform Freight Classification and the National Motor Freight Classification (issue in effect at time of shipment) and each shipping container of each item in a shipment shall be of uniform size and content, except for residual quantities. Where special or unusual packing is specified in an order, but not specifically provided for by the contract, such packing details must be the subject of an agreement independently arrived at between the ordering agency and the Contractor.
(54 FR 26548, June 23, 1989, as amended at 54 FR 43180, Oct. 23, 1989)
(End of Clause)
552.210-78 Charges for packaging and
packing As prescribed in 510.011(h), insert a clause substantially as follows: CHARGES FOR PACKAGING AND PACKING (MAY
1988) If supplies shipped to a GSA wholesale distribution center are
not packaged and packed in accordance with contract requirements, the Government has the right, without prior notice to the Contractor, to perform the required repackaging/repacking, by contract or otherwise, and charge the Contractor therefor at the rate of
per man-hour or fraction thereof. The Contractor will also be charged for material costs, if incurred. This right is not exclusive, and is in addition to other
552.211-70 Commercial item certifi
cation. As prescribed in 511.070, insert the following provision: COMMERCIAL ITEM CERTIFICATION (MAY 1989)
The Offeror by signing the offer certifies that the product(s) offered meet the requirements of Commercial Item Description (CID) and are the Offeror's commercial or commercial-type product(s) as defined below:
(a) A "commercial product” is a product such as an item, material, component, subsystem, or system, (1) regularly used for other than Government purposes and (2) sold or traded to the general public in the course of normal business operations at prices based on established catalog or market prices (see FAR 15.804-3 for explanation of terms).
(b) A "commercial-type product” is a commercial product that is modified or altered, without degrading the quality, appearance, or function of the commercial product, in compliance with Government requirements and as such is usually sold only to the Government and not through the normal catalog or retail outlets, or (2) identified, packaged or marked differently than the commercial product normally sold to the general public. (End of Provision)
662.212–1 Time of delivery.
(a) As prescribed in 512.104(a)(1) insert the following clause:
TIME OF DELIVERY (MAY 1989) (a) The time of delivery for each item means the time required after receipt of an order (1) to make delivery to a destination in the case of delivered prices, or (2) to place shipment in transit in the case of f.o.b. origin prices.
(b) Delivery is required to be made at the point(s) specified within
days after receipt of order. (End of Clause)
(End of Clause)
Alternate I (May 1988) If the Government's desired delivery time(s) is shown in a column titled "Desired Delivery Time (days ARO)" next to the column "Time of Delivery (days ARO)" in the Schedule of Items, the Contracting Officer may substitute the following as the first sentence of the basic clause and delete the column titles and blank spaces. "The Government desires that delivery be made at destination within the number of calendar days after receipt of order as set forth in the Desired Delivery Time (days ARO) column in the Schedule of Items."
Alternate II (May 1989) If the same desired delivery time applies to all items, the Contracting Officer may substitute the following as the first sentence of the basic clause and delete the column titles and blank spaces. “The Government desires that delivery be made at destination within
calendar days after receipt of order." (54 FR 26558, June 23, 1989, as amended at 54 FR 51886, Dec. 19, 1989)
Alternate I (May 1989) If it is necessary to show different delivery times for different items or groups of items, the Contracting Officer may substitute the following paragraph (b) for paragraph (b) of the basic clause.
(b) Delivery is required to be made at the point(s) specified within the number of calendar days after receipt of order as indicated below:
Items or groups of items (spe Required delivery time (days cial item numbers or nomenclature
562.212–70 Time of shipment.
As prescribed in 512.104(a)(3), insert the following clause:
TIME OF SHIPMENT (MAY 1989) Shipment is required within calendar days after receipt of order.
(End of Clause)
(b) As prescribed in 512.104(a)(2) insert the following clause:
TIME OF DELIVERY (MAY 1989) The Government desires that delivery be made at destination within the number of calendar days after receipt of order (ARO) as set forth below. Offerors are requested to insert in the "Time of Delivery (days ARO)" column in the Schedule of Items a definite number of calendar days within which delivery will be made. If the Offeror does not insert & delivery time, the Offeror will be deemed to offer delivery in accordance with the Government's stated desired delivery time.
Alternate I (May 1989) If the contract will require shipment more than 45 calendar days after receipt of the order, the following paragraph should be added to the basic clause.
Each delivery order will specify that shipment is required no later than the number of days shown above. If such order also states that “Early Shipment is Precluded," the Contractor agrees to make shipment no sooner than
calendar days after receipt of order. Earlier shipments may result in nonacceptance of the supplies at the delivery point at the time of arrival.
(The second number to be inserted should be 15 calendar days less than the first number.)
552.212–71 Notice of shipment.
As prescribed in 512.104(a)(4), insert the following clause:
NOTICE OF SHIPMENT (MAY 1989) If specified in an order placed under this contract, the Contractor shall, at the time each shipment is made on such order, furnish
552.212–74 Non-compliance with con
tract requirements. As prescribed in 512.104(b), insert the following clause:
a notice of shipment to either the consignee or the ordering office or both, as specified. This requirement may be satisfied by completion and return of appropriate forms furnished by the ordering office or by the furnishing of copies of bills of lading, freight bills, or similar documents in accordance with normal commercial practice if such document clearly identifies the order number, items and quantities shipped, date of shipment, point of origin, method of shipment and routing, and the name of initial carrier.
(End of Clause)
552.212–72 Availability for inspection,
testing, and shipment/delivery. As prescribed in 512.104(a)(5), insert the following clause:
NON-COMPLIANCE WITH CONTRACT
REQUIREMENTS (APR 1984) In the event the Contractor, after receiving written notice from the Contracting Officer of non-compliance with any requirement of this contract, fails to initiate promptly such action as may be appropriate to comply with the specified requirement within a reasonable period of time, the Contracting Officer shall have the right to order the Contractor to stop any or all work under the contract until the Contractor has complied or has initiated such action as may be appropriate to comply within a reasonable period of time. The Contractor will not be entitled to any extension of contract time or payment for any costs incurred as a result of being ordered to stop work for such cause.
(End of Clause)
AVAILABILITY FOR INSPECTION, TESTING, AND
SHIPMENT/DELIVERY (MAR 1989) (a) The Government requires that the sup plies be made available for inspection and testing within
calendar days after receipt of (Insert “Notice of Award" or "order"), and be (Insert “shipped" or "delivered") within
calendar days after receipt of (1) notice of approval and release by the Government inspector or (2) authorization to ship without Government inspection.
(b) Failure to make supplies available for inspection and testing or to (Insert "ship" or "deliver'') as required by this clause may result in termination of this contract for default.
(End of Clause)
Alternate I (Mar 1989). If the contract is for stock items, the Contracting Officer shall insert "shipped” or "ship" in the basic clause, add the following paragraph (b) and redesignate paragraph (b) of the basic clause as paragraph (c).
(b) If notice of approval and release by the Government inspector or authorization to ship without Government inspection is received before
calendar days after receipt of the (Insert "Notice of Award" or "order"), receipt of such notice shall be deemed to be received on the
calendar day after receipt of (Insert "Notice of Award" or "order”). Shipments shall not be made before the
calendar day after receipt of the (Insert "Notice of Award" or "order") unless authorized in writing by the Contracting Officer.
*Entries are normally the same number of days specified for availability. (54 FR 26558, June 23, 1989, as amended at 54 FR 40060, Sept. 29, 1989)
552.214–16 Minimum bid acceptance
period. As prescribed in 514.270, insert the following provision: MINIMUM BID ACCEPTANCE PERIOD (OCT 1985)
(DEVIATION FAR 52.214-16) (a) “Acceptance period," as used in this provision, means the number of calendar days available to the Government for awarding a contract from the date specified in this solicitation for receipt of bids.
(b) This provision supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation.
(c) The Government requires a minimum acceptance period of
calendar days. (d) In the space provided immediately below, bidders may specify a longer acceptance period than the Government's minimum requirement. (Insert any number equal to or greater than the minimum requirement stated in paragraph (c) of this provision. Failure to insert any number means the osserot accepts the minimum in paragraph (c)). The bidder allows the following total acceptance period: calendar days.
(e) A bid allowing less than the Government's minimum acceptance period will be rejected.
(f) The bidder agrees to execute all that it has undertaken to do, in compliance with its bid, if that bid is accepted in writing within (1) the acceptance period stated in paragraph (c) above, or (2) any longer acceptance period stated in paragraph (d) above, or (3) any extension of the offered acceptance period as may be subsequently agreed to by the bidder.
(End of Provision) *The contracting officer shall insert an appropriate number of days. 562.214-73 "All or none" offers.
As prescribed in 514.201-6(a), insert the following provision:
"ALL OR NONE" OFFERS (APR 1984) (a) Unless awards in the aggregate are specifically precluded in this solicitation, the Government reserves the right to evaluate offers and make awards on an "all or none" basis as provided below.
(b) An offer submitted on an "all or none" or similar basis will be evaluated as follows: The lowest acceptable offer exclusive of the "all or none" offer will be selected with respect to each item (or group of items when the solicitation provides for aggregate awards) and the total cost of all items thus determined shall be compared with the total of the lowest acceptable "all or none" offer. Award will be made to result in the lowest total cost to the Government.
552.214–75Progressive Awards and
Monthly Quantity Allocations. As prescribed in 514.201–7(a), insert the following clause:
PROGRESSIVE AWARDS AND MONTHLY
QUANTITY ALLOCATIONS (MAY 1989) (a) Monthly quantity allocation. (1) Set forth below are the Government's estimated annual and monthly requirements for each stock item covered by this solicitation. Offerors shall indicate, in the spaces provided, the monthly quantity which they are willing to furnish of any item or group of items involving the use of the same production facilities. In making monthly allocations, offerors are urged to group as many items as possible. Such groupings will make it possible for the Government to make fullest use of the production capabilities of each offeror.
(2) Offerors need not limit their monthly allocations to the Government's estimated monthly requirements, since additional unanticipated needs may occur during the period of the contract. If an offeror does not insert monthly allocation quantities, it will be deemed to offer to furnish all of the Government's requirements, even though they may exceed the stated estimated requirements.
(End of Provision)
Alternate-1 (Apr 1984) For a requirements or indefinite quantity contract, the following paragraph (b) shall be substituted in the basic provision:
(b) An offer submitted on an "all or none" or similar basis will not be considered unless the offer is low on each item to which the "all or none" offer is made applicable. The term "each item" as used in this provision refers either to an item that under the terms of the solicitation may be independently awarded, or to a group of items on which an award is to be made in the aggregate.
562.214–74 Solicitation Copies.
As prescribed in 514.201-6(b), insert the following notice:
SOLICITATION COPIES (MAY 1989) To reduce costs, only one copy of this solicitation is mailed to active bidders and to addressees on our bidders' mailing list. If additional copies are required by the solicitation, you may reproduce them yourself, provided they are complete in every respect, or you may obtain them from the address specified below:
(b) Progressive awards. If the low responsive offeror's monthly quantity allocation is less than the Government's estimated requirements, the Government may make progressive awards beginning with the low responsive offeror and including each next low responsive offeror to the extent necessary to meet the estimated requirements.
(c) Ordering procedures. If progressive awards are made, orders will be placed first with the Contractor offering the lowest price on each item normally up to that Contractor's maximum quantity allocation and then, in the same manner, successively to other Contractors. When cumulative orders during any month, placed with a lower priced Contractor, equal or exceed 95 percent of its monthly quantity allocation, to avoid the placement of unduly small orders or the splitting of a subsequent order, the Govern
Tel. (End of Notice)