7:464 CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7-1910.27 Order of Precedence. In accordance with 3-501(b)Sec.C(xxxi), insert the clause in 7-2003.41. 7-1910.28 United States Products and Services (Balance of Payments). In accordance with 6-806.4, insert the clause in 7-2003.53. 7-1910.29 Identification of Expenditures in the United States. In accordance with 6-807, insert the clause in 7-104.58. 7-1910.30 Use of Excess and Near Excess Currency. In accordance with 6-1110, insert the clause in 7-104.66. 7-1910.31 Service Contract Act of 1965. In accordance with 7-1903.41, insert the appropriate clause therein. 7-1910.32 Convict Labor. In accordance with Section XII, Part 2, insert the clause in 7-104.17. 7-1910.33 Safety Precautions for Ammunition and Explosives. In accordance with 7-104.79, insert the clause therein. 7-1910.34 Management Systems Requirements. In accordance with 16-827.1, insert the clause in 7-104.50. 7-1910.35 Payment of Interest on Contractors' Claims. In accordance with 1-333, insert the clause in 7-104.82. 7-1910.36 Cost Accounting Standards. In accordance with 3-1204, insert the clauses in 7-104.83. 7-1910.37 Capture and Detention. In accordance with 10-406, insert the clause in 7-104.94. 7-1910.38 Buy American Act. In accordance with 7-104.3, insert the clause therein. 7-1910.39 Preference for United States Flag Air Carriers. In accordance with 1-336.1(b), insert the clause in 7-104.95. 7-1910.40 Exclusionary Policies and Practices of Foreign Governments. In accordance with 6-1312, insert the clause in 7-104.97. 7-1910.41 Hazardous Material Identification and Material Safety Data. In accordance with 1-323.2(b), insert the clause in 7-104.98. 7-1911 Additional Clauses for Use in Cost Reimbursement Service Contracts. The following clauses may be included in cost reimbursement service contracts in accordance with Departmental procedures when it is appropriate to do so. 7-1911.1 Alterations in Contract. The clause in 7-105.1(a) may be inserted. 7-1911.2 Approval of Contract. The clause in 7-105.2 may be inserted. 7-1911.3 Options. Examples of option clauses appear in 7-104.27 and 7-1903.22. See Section I, Part 15, for specific instructions, prohibitions and procedures. 7-1911.4 Stop Work Orders. In accordance with 7-205.6, the clause prescribed therein may be inserted. 7-1911.5 Clauses for Contracts Involving Furnishing of Supplies. In cost reimbursement service contracts which involve the furnishing of supplies, the following clauses shall be included in addition to those prescribed by 7-1909. Changes clause in 7-203.2; Inspection of Supplies and Correction of Defects clause in 7-203.5; and In addition, applicable clauses in 7-1910 shall be included. Any clause applicable only to supplies or only to services shall be so labeled. 7-1911.5 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7-1912 Limitation of Liability 1-330, insert the following clause. Service Contract. In accordance with LIMITATION OF LIABILITY - SERVICE CONTRACT (1974 APR) (a) Except to the extent that the Contractor is responsible under this contract for deficiencies in the services required to be performed under this contract, including any materials furnished in conjunction therewith, the contractor shall not be liable, by reason of Contractor's performance of services or delivery of materials under this contract, for loss of or damage to property of the Government occurring after Government acceptance of such services. (b) The foregoing limitations shall not apply as to loss of or damage to property of the Government caused by willful misconduct or lack of good faith on the part of the Contractor's directors or officers, or on the part of any of his managers, superintendents, or other equivalent representatives, who have supervision or direction of: (i) all or substantially all of the Contractor's business; or (ii) all or substantially all of the Contractor's operations at any one plant or separate location, in which this contract is being performed; or (iii) a separate and complete major industrial operation in connection with the petformance of this contract. (c) Notwithstanding paragraph (a) above, if the Contractor carries insurance or has established a reserve for self-insurance covering liability for damages or losses to property of the Government through performance of the services or furnishing of materials under this contract, then the Contractor shall be liable to the Government for such damages or losses to property of the Government to the extent of such insurance or reserve for self-insurance. (d) The substance of this clause, suitably altered to reflect the relationship of the contracting parties, shall be included in any subcontracts hereunder. (End of clause) 7-1912 ARMED SERVICES PROCUREMENT REGULATION 7:466 CONTRACT CLAUSES AND SOLICITATION PROVISIONS PART 20-CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7-2000 Scope of Part. This part sets forth uniform clauses, provisions, notices, statements, etc., for use in solicitations. 7-2001 Reserved. 7-2002 Required Clauses. 7-2002.1 Contingent Fee. In accordance with 1-506.1, insert the following clause. CONTINGENT FEE (1974 APR) The Offeror/Quoter represents and certifies as part of his proposal/quotation that: (Check all applicable boxes or blocks). (a) He [] has, [] has not, employed or retained any company or person (other than a full-time, bona fide employee working solely for the offeror/quoter) to solicit or secure this contract, and (b) 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 offeror/quoter) any fee, commission, percentage, or brokerage fee contingent upon or resulting from the award of this contract; and agrees to furnish information relating to (a) and (b) above, as requested by the Contracting Officer. (For interpretation of the representation, including the term "bona fide employee", see Code of Federal Regulations, Title 41. Subpart 1−1.5.) If the offeror/quoter, by checking the appropriate box provided therefor, has represented that he has employed or retained a company or person (other than a full-time bona fide employee working solely for the offeror/quoter) to solicit or secure this contract, or that he has paid or agreed to pay any fee, commission, percentage, or brokerage fee to any company or person contingent upon or resulting from the award of this contract, he shall furnish, in duplicate, a complete Standard Form 119. Contractor's Statement of Contingent or Other Fees. If offeror/quoter has previously furnished a completed Standard Form 119 to the office issuing this solicitation, he may accompany his proposal/quotation with a signed statement (a) indicating when such completed form was previously furnished, (b) identifying by number the previous solicitation or contract, if any, in connection with which such form was submitted, and (c) representing that the statement in such form is applicable to this proposal/quotation. (End of clause) 7-2002.2 Late Bids, Modifications of Bids or Withdrawal of Bids. The following provision shall be included in all advertised procurements (this replaces paragraphs 7 and 8 of Standard Forms 22 and 33A). LATE BIDS, MODIFICATIONS OF BIDS OR WITHDRAWAL OF BIDS (1979 MAR) (a) Any bid received at the office designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award is made and either: (i) it was sent by registered or certified mail not later than the fifth calendar day prior to the date specified for the receipt of bids (e.g., a bid submitted in response to a solicitation requiring receipt of bids by the 20th of the month must have been mailed by the 15th or earlier); or, (ii) it was sent by mail (or telegram if authorized) and it is determined by the Government that the late receipt was due solely to mishandling by the Government after receipt at the Government installation. (b) Any modification or withdrawal of bid is subject to the same conditions as in (a) above except that withdrawal of bids by telegram is authorized. A bid may also be withdrawn in person by a bidder or his authorized representative, provided his identity is made known and he signs a receipt for the bid, but only if the withdrawal is made prior to the exact time set for receipt of bids. (c) The only acceptable evidence to establish: 7-2002.2 ARMED SERVICES PROCUREMENT REGULATION 7:467 CONTRACT CLAUSES AND SOLICITATION PROVISIONS (i) the date of mailing of a late bid, modification or withdrawal sent either by registered (ii) the time of receipt at the Government installation is the time/date stamp of such in- (d) Notwithstanding the above, a late modification of an otherwise successful bid which makes its terms more favorable to the Government will be considered at any time it is received and may be accepted. NOTE: The term "telegram" includes mailgrams. (End of provision) 7-2002.3 Late Technical Proposals. The following provision shall be included in solicitations covering the first step of two step formal advertising (this replaces paragraphs 7 and 8 of Standard Forms 22 and 33A). LATE TECHNICAL PROPOSALS, MODIFICATIONS OF TECHNICAL PROPOSALS AND WITHDRAWALS OF TECHNICAL PROPOSALS (1979 MAR) (a) Any proposal received at the office designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before the invitation for bids in Step Two is issued, and (i) it was sent by registered or certified mail not later than the fifth calendar day prior to the date specified for receipt of offers (e.g., an offer submitted in response to a solicitation requiring receipt of offers by the 20th of the month must have been mailed by the 15th or earlier); (ii) it was sent by mail (or telegram if authorized) and it is determined by the Government that the late receipt was due solely to mishandling by the Government after receipt at the Government installation; or (iii) it is the only proposal received. (b) Any modification of a proposal is subject to the same conditions as in (a)(i) and (ii) above. (i) the date of mailing of a late proposal or modification sent either by registered or cer- 7-2002.3 ARMED SERVICES PROCUREMENT REGULATION 7:468 CONTRACT CLAUSES AND SOLICITATION PROVISIONS (ii) The time of receipt at the Government installation is the time/date stamp of such installation on the proposal wrapper or other documentary evidence of receipt maintained by the installation. (d) Proposals may be withdrawn by written notice or telegram received at any time prior to the exact time set for receipt of bids under Step 2. Proposals may be withdrawn in person by an offeror or his authorized representative, provided his identity is made known and he signs a receipt for the proposal prior to the exact time set for receipt of bids under Step 2. NOTE: The term "telegram" includes mailgrams. (End of provision) 7-2002.4 Late Proposals. The following provision shall be included in all negotiated solicitations other than the first step of two-step formal advertising, in which case the Late Technical Proposals provision in 7-2002.3 shall be used. (The following provision replaces paragraphs 7 and 8 of Standard Forms 22 and 33A.) LATE PROPOSALS, MODIFICATIONS OF PROPOSALS AND WITHDRAWALS OF PROPOSALS (1979 MAR) (a) Any proposal received at the office designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award is made; and (i) it was sent by registered or certified mail not later than the fifth calendar day prior to the date specified for receipt of offers (e.g., an offer submitted in response to a solicitation requiring receipt of offers by the 20th of the month must have been mailed by the 15th or earlier); (ii) it was sent by mail (or telegram if authorized) and it is determined by the Government that the late receipt was due solely to mishandling by the Government after receipt at the Government installation, or (iii) it is the only proposal received. (b) Any modification of a proposal, except a modification resulting from the Contracting Of ficer's request for "best and final" offer, is subject to the same conditions as in (a)(i) and (ii) above. (c) A modification resulting from the Contracting Officer's request for "best and final" offer received after the time and date specified in the request will not be considered unless received before award and the late receipt is due solely to mishandling by the Government after receipt at the Government installation. (d) The only acceptable evidence to establish: (i) the date of mailing of a late proposal or modification sent either by registered or cer- (ii) the time of receipt at the Government installation is the time/date stamp of such in- (e) Notwithstanding the above, a late modification of an otherwise successful proposal which makes its terms more favorable to the Government will be considered at any time it is received and may be accepted. (f) Proposals may be withdrawn by written notice or telegram received at any time prior to award. Proposals may be withdrawn in person by an offeror or his authorized representative, provided his identity is made known and he signs a receipt for the proposal prior to award. NOTE: The term “telegram” includes mailgrams. (End of provision) 7-2002.4 ARMED SERVICES PROCUREMENT REGULATION |