CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7-2003.30 Bid Samples. (a) In accordance with 2-202.4(e), insert the following provision. BID SAMPLES (1974 APR) (a) Bid samples, in the quantities, sizes, etc., required for the items so indicated in this Invitation for Bids, must be furnished as a part of the bid and must be received before the time set for opening bids. Samples will be tested or evaluated to determine compliance with all characteristics listed for such test or evaluation in this Invitation for Bids. (b) Failure of samples to conform to all such characteristics will require rejection of the bid. Failure to furnish samples by the time specified in the Invitation for Bids will require rejection of the bid, except that a late sample transmitted by mail may be considered under the provision for considering late bids, as set forth elsewhere in this Invitation for Bids. (c) Products delivered under any resulting contract shall conform to the approved sample as to the characteristics listed for test or evaluation and shall conform to the specifications as to all other characteristics. (End of provision) (b) When bid samples are to be waived in accordance with 2-202.4(f), insert the following provision. WAIVER OF BID SAMPLES (1974 APR) The requirement for furnishing samples may be waived as to a bidder if (i) the bidder states in his bid that the product he is offering to furnish is the same as a product he has offered to the purchasing office on a previous procurement and (ii) the Contracting Officer determines that such product was previously procured or tested by the purchasing office and found to comply with specification requirements conforming in every material respect to those in this Invitation for Bids. The contracting officer may designate in lieu of purchasing office, an alternate activity or office. When considered necessary because of the nature of the products, the provision above may be limited to provide for waiving the requirement only if the product offered is produced at the same plant at which the product previously procured or tested was produced. 7-2003.31 Requirement for Descriptive Literature. (a) In accordance with 2-202.5(d)(2), insert the following provision. REQUIREMENT FOR DESCRIPTIVE LITERATURE (a) Descriptive literature as specified in this Invitation for Bids must be furnished as a part of the bid and must be received before the time set for opening bids. The literature furnished must be identified to show the item in the bid to which it pertains. The descriptive literature is required to establish, for the purposes of bid evaluation and award, details of the products the bidder proposes to furnish as to ( * ). (b) Failure of descriptive literature to show that the product offered conforms to the specifications and other requirements of this Invitation for Bids will require rejection of the bid. Failure to furnish the descriptive literature by the time specified in the Invitation for Bids will require rejection of the bid, except that if the material is transmitted by mail and is received late, it may be considered under the provisions for considering late bids, as set forth elsewhere in this Invitation for Bids. (See footnotes on following page) (End of provision) 7-2003.31 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS •The contracting officer shall insert significant elements such as design, materials, components, or performance characteristics; or methods of manufacture, construction, assembly, or operation, as appropriate. (b) When requirements for descriptive literature are to be waived in accordance with 2-202.5(e), the provision in (a) above shall be modified by adding the following at the end of the clause paragraph (b): The requirements for furnishing descriptive literature may be waived as to a bidder if (i) the bidder states in his bid that the product he is offering to furnish is the same as a product he has previously furnished to the purchasing office under a prior contract and the bidder identifies the contract, and (ii) the Contracting Officer determines that such product meets the requirements of this Invitation for Bids. (1974 APR) The contracting officer may designate in lieu of purchasing office, an alternate activity or office. A bidder may submit his bid either on the basis of the descriptive literature to be furnished or on the basis of a previously procured product. If he elects to submit his bid on one basis, he is precluded from having his bid considered on the alternative basis after bids are opened. 7-2003.32 Notice of Small Business-Small Purchase SetAside. In accordance with 1-702(c), insert the following clause. NOTICE OF SMALL BUSINESS-SMALL PURCHASE SET-ASIDE Quotes under this acquisition are solicited from small business concerns only, and this acquisition is to be made only from a small business concern. This action is based on Section 221(j) of Public Law 95-507. Quotes received from firms that are not small business concerns shall not be considered and shall be rejected. 7-2003.33 Reserved. 7-2003.34 Reserved. (End of clause) 7-2003.35 Discounts. In accordance with 2-407.3(a), insert the following clause. DISCOUNTS (1968 SEP) In accordance with subparagraph (a) of the clause entitled "Discounts" in the Solicitation Instructions and Conditions (Standard Form 33-A), prompt payment discounts will be considered in the evaluation of bids, provided the minimum period for the offered discounts is: • (1) • (1) days from date of delivery of the supplies to carrier when acceptance is at point of origin, or days where delivery and acceptance are at destination. The offered discount of a successful Bidder will form a part of the award whether or not such discount was considered in the evaluation of his bid and such discount will be taken if payment is made within the discount period. (End of clause) *The Contracting Officer shall delete (1) or (ii) from the clause. whichever is inapplicable, when "origin only" or "destination only" delivery acceptance is solicited 7-2003.35 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7-2003.36 Multiple Technical Proposals. In accordance with 2–503.1(a)(x). insert the following clause. MULTIPLE TECHNICAL PROPOSALS (1974 APR) In the first step of this two-step procurement, offerors are authorized and encouraged to submit multiple technical proposals presenting different basic approaches. Each technical proposal submitted will be separately evaluated and the offeror will be notified as to its acceptability. (End of clause) 7-2003.36 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7-2003.37 Step Two of Two-Step Formal Advertising. In accordance with 2-503.2(ii), insert the following provision. STEP TWO OF TWO-STEP FORMAL ADVERTISING (1974 APR) THIS INVITATION FOR BIDS IS ISSUED PURSUANT TO TWO-STEP FORMAL ADVERTISING IN PART 5 OF SECTION II OF THE ARMED SERVICES PROCUREMENT REGULATION. .... BIDS WILL BE ACCEPTED AND CONSIDERED ONLY FROM THOSE FIRMS WHO HAVE SUBMITTED ACCEPTABLE TECHNICAL PROPOSALS PURSUANT TO THE FIRST STEP OF SUCH PROCEDURES, AS INITIATED BY (Identify the Request for Technical Proposals). ANY BIDDER WHO HAS SUBMITTED MULTIPLE TECHNICAL PROPOSALS IN THE FIRST STEP OF THIS TWO-STEP PROCUREMENT MAY SUBMIT A SEPARATE BID COVERING EACH TECHNICAL PROPOSAL WHICH HAS BEEN DETERMINED ACCEPTABLE BY THE GOVERNMENT. (End of provision) 7-2003.38 Notice of Possible Standardization. In accordance with 3-213.4, insert the following. NOTICE OF POSSIBLE STANDARDIZATION (1975 OCT) It is possible that the products procured through this action may be established as standard and, at the option of the ( INSERT PROCURING DEPARTMENT), subsequent procurements may be negotiated under authority of paragraph 3–213 of the Armed Services Procurement Regulation. (End of provision) 7-2003.39 Site Visit. In accordance with 2-201(a) Sec. L(xii) or 3-501 (b) (3) Sec.L(xiv), insert the following provision. SITE VISIT (1969 OCT) Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves as to all general and local conditions that may affect the cost of performance of the contract, to the extent such information is reasonably obtainable. In no event will a failure to inspect the site constitute grounds for a claim after award of the contract. (End of provision) 7-2003.40 Unnecessarily Elaborate Contractor's Proposals. In accordance with 3-501(b) (3) Sec.L(xxii) or 3-501(c)(xxviii), insert the following provision. UNNECESSARILY ELABORATE CONTRACTOR'S PROPOSALS/QUOTATIONS (1969 OCT) Unnecessarily elaborate brochures or other presentations beyond that sufficient to present a complete and effective proposal or quotation are not desired and may be construed as an indication of the offeror's or quoter's lack of cost consciousness. Elaborate art work, expensive paper and bindings and expensive visual and other presentation aids are neither necessary nor wanted. (End of provision) 7-2003.41 Order of Precedence. In accordance with 2-201 (a) Sec.L(111) or 3-501 (b) (3) Sec.L(111), insert the following provision. 7-2003.41 ARMED SERVICES PROCUREMENT REGULATION 7:514 CONTRACT CLAUSES AND SOLICITATION PROVISIONS ORDER OF PRECEDENCE (1973 APR) In the event of an inconsistency between provisions of this solicitation, the inconsistency shall be resolved by giving precedence in the following order: (a) the Schedule (excluding the Specifications); (b) Terms and Conditions of the solicitation, if any; (c) General Provisions; (d) other provisions of the contract, when attached or incorporated by reference; and (e) the Specifications. (End of provision) 7-2003.42 Royalty Information. In accordance with 9–110(a)(3), insert the following provision. ROYALTY INFORMATION (1961 AUG) When the response to this solicitation contains costs or charges for royalties totaling more than $250, the following information shall be furnished with offer, proposal, or quotation on each separate item of royalty or license fee: (i) name and address of licensor; (ii) date of license agreement; (iii) patent numbers, patent application serial numbers or other basis on which the royalty is payable; (iv) brief description, including any part or model numbers of each contract item or component on which the royalty is payable; (v) percentage or dollar rate of royalty per unit; (vi) unit price of contract item; (vii) number of units; and (viii) total dollar amount of royalties; DD Form 783, Royalty Report, is approved for use in furnishing the above information. In addition, if specifically requested by the Contracting Officer prior to execution of the contract, a copy of the current license agreement and identification of applicable claims of specific patents shall be furnished. (End of provision) 7-2003.43 Notice of Cost/Schedule Control Systems. In accordance with 1-331(h), insert the following provision. NOTICE OF COST/SCHEDULE CONTROL SYSTEMS (1974 APR) (a) The offeror shall submit a comprehensive plan for compliance with the attached criteria (DODI 7000.2 Performance Measurement for Selected Acquisitions) for the internal Cost/Schedule Control Systems which are and/or will be operational for any contract resulting from this solicitation, and which includes the C/SCSC clause set forth in ASPR 7-104,87. The offeror shall identify his existing management systems separately from proposed modifications to meet the criteria. The plan shall: (i) describe the management systems and their application in all major functional cost (ii) describe compliance with each of the criteria, preferably by cross-referencing ap- contractors. 7-2003.43 ARMED SERVICES PROCUREMENT REGULATION |