7:496 CONTRACT CLAUSES AND SOLICITATION PROVISIONS (e) Identification of Areas of Performance. Each offeror desiring to be considered for award as a LSA concern on the LSA set-aside portion of this procurement shall identify in Section B of his offer the geographical areas in which he proposes to perform, or cause to be performed, a substantial proportion of the contract. If the Department of Labor classification of any such area changes after the offeror has submitted his offer, the offeror may change the areas in which he proposes to perform, provided, that he so notifies the Contracting Officer before award of the LSA set-aside portion. Such offerors are in structed to insert in the clause entitled “Eligibility for Preference as a Labor Surplus Area Concern" in Section B of the solicitation, the address(es) where costs incurred on account of manufacturing or production (by offeror or first tier subcontractor) will amount to more than fifty percent (50%) of the contract price. CAUTION: Failure to list the location of manufacture or production and the percentage of cost to be incurred at each location in the space provided in the clause entitled “Eligibility for Preference as a Labor Surplus Area Concern" set forth in Section B of the solicitation will preclude consideration of the offeror as a ISA concern. (f) Requirements Contract. Only one award will be made for each item or sub-item of the non-set-aside portion and only one award will be made for each item or sub-item of the set-aside portion. For the purpose of equitably distributing orders in accordance with this 'Notice of Labor Surplus Area Set-Aside,' the Government will apportion the quantities to be ordered as equally as possible between the non-set-aside Contractor and the set-aside Contractor to whom the awards are made. (End of clause) 7-2003.6 Qualified End Products. When qualified end products are to be procured (see Section I, Part 11), the following clause shall be inserted. QUALIFIED END PRODUCTS (1974 APR) Awards for any end items which are required to be qualified products will be made only when such items have been tested and are qualified for inclusion in a Qualified Products List identified below (whether or not actually included in the List) at the time set for opening of bids, or the time of award in the case of negotiated contracts. Offerors should contact the office designated below to arrange to have the products which they intend to offer tested for qualification. The offeror shall insert the item name and the test number (if known) of each qualified product in the blank spaces below. Item Name.. Test Number. Offerors offering products which have been tested and qualified, but which are not yet listed, are requested to submit evidence such qualification with their bids or proposals, so that they may be given consideration. If this a formally advertised procurement, any bid which does not identify the qualified product being oed, either above or elsewhere in the bid, will be rejected. Any change in location or ownership of the plant at which a previously approved product is, or was, manufactured requires re-evaluation of the qualification. Such re-evaluation must be accomplished prior to the bid opening date in the case of advertised procurements and prior to the date of award in the case of negotiated procurements. Failure of offerors to arrange for such re-evaluation shall preclude consideration of their offers. (End of clause) Contracting officers shall identify, following the above clause, each Qualified Products List involved and give the name and address of the office identified in the specification with which manufacturers should communicate. 7-2003.6 ARMED SERVICES PROCUREMENT REGULATION 579 7:497 CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7-2003.7 Qualified Products Components. When qualified products (see Section I, Part 11) are to be procured as components of end items, the following clause shall be inserted. QUALIFIED PRODUCTS-COMPONENTS (1969 DEC) When any of the end items which are to be supplied to the Government by the Contractor will contain one or more components which are required by the applicable specification to be qualified products, such components shall have been tested and shall be qualified for inclusion in the Qualified Products List (whether or not actually included in the List) at the time of award of any subcontract by the Contractor for such components, or, in the event the Contractor plans to manufacture such components himself, shall have been so tested and have so qualified before the Contractor begins to manufacture such components for performance of this contract (not before manufacture of the prototype, preproduction model, or first article, for qualification testing). Unless required for interchangeability or compatibility, the Contractor shall not cite brand names from any Qualified Products List in any subcontract solicitation, but shall refer to the pertinent military specification so that optimum competition may be obtained. Delay resulting from the Contractor awaiting qualification approval by the Government of a component shall not constitute excusable delay when a previously qualified component could have been procured in time to meet the end item delivery schedule. Any change in location or ownership of the plant at which a previously approved product is, or was, manufactured requires re-evaluation of the qualification. Such re-evaluation must be accomplished prior to the award of any subcontract by the Contractor for such components or prior to the beginning of manufacture if the Contractor manufactures such components himself. (End of clause) 7-2003.8 Availability of Specifications, Standards, and Descriptions Listed in DODISS or DoD Directive 5000.19-L, Volume II. Insert the following clause in accordance with 1-1203.2(a). AVAILABILITY OF SPECIFICATIONS, STANDARDS AND DESCRIPTIONS (1977 JUN) Specifications, standards and descriptions cited in this solicitation are available as indicated below: (a) Unclassified Federal, Military and Other Specifications and Standards (Excluding Commercial), and Data Item Descriptions. Submit request on DD Form 1425 (Specifications and Standards Requisition) to: The Acquisition Management Systems and Data Requirements Control List, DoD Directive 5000.19-L, Volume II, may be ordered on the DD Form 1425. The Department of Defense Index of Specifications and Standards (DODISS) may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D. C., 20402. When requesting a specification or standard, the request shall indicate the title, number, date and any applicable amendment thereto by number and date. When requesting a data item description, the request shall cite the applicable data item number set forth in the solicitation. When DD Form 1425 is not available, the request may be submitted in letter form, giving the same information as listed above, and the solicitation or contract number involved. Such requests may also be made to the activity by Telex No. 834295, Western Union No. 710-670-1685, or telephone (area code 215-697-3321) in case of urgency. 7-2003.8 ARMED SERVICES PROCUREMENT REGULATION 7:498 CONTRACT CLAUSES AND SOLICITATION PROVISIONS (b) Commercial Specifications, Standards and Descriptions. These specifications, standards and descriptions are not available from Government sources. They may be obtained from the publishers. (End of clause) 7-2003.9 Availability of Specifications and Standards Not Listed in DODISS, Data Item Descriptions Not Listed in Department of Defense Directive 5000.19–L, Volume II, and Plans, Drawings, and Other Pertinent Documents. In accordance with 1-1203.3, insert a provision substantially similar to (a) or (b) below, as appropriate. (a) Obtaining Specifications, Standards, Plans, Drawings, Data Item Descriptions, and Other Pertinent Documents. AVAILABILITY OF SPECIFICATIONS AND STANDARDS NOT LISTED IN DODISS, DATA ITEM DESCRIPTIONS NOT LISTED IN DOD DIRECTIVE 5000.19-L, VOLUME II, AND PLANS, DRAWINGS, AND OTHER PERTINENT DOCUMENTS The specifications, standards, plans, drawings, descriptions and other pertinent documents cited in this solicitation may be obtained by submitting request to: (Activity) (Complete Address) Requests should give the number of the solicitation and the title and number of the specification, standard, plan, drawing or other pertinent document requested, exactly as cited in this solicitation. (End of provision) (b) Availability for Examination of Specifications, Standards, Plans, Drawings, Data Item Descriptions, and Other Pertinent Documents. AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS, STANDARDS, PLANS, DRAWINGS, DATA ITEM DESCRIPTIONS, AND OTHER PERTINENT DOCUMENTS The specifications, standards, plans, drawings, descriptions, and other pertinent documents cited in this solicitation may be examined at the following locations: (Insert Complete Address) (End of provision) 7-2003.10 "Brand Name or Equal" Purchase Descriptions. In accordance with 1-1206.3(b), insert the following clause. BRAND NAME OR EQUAL (1973 APR) (As used in this clause, the term “brand name" includes identification of products by make and model.) (a) If items called for by this Invitation for Bids have been identified in the Schedule by a "brand name or equal" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. Bids offering "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 bids and are determined by the Government to meet fully the salient characteristics requirements referenced in the Invitation for Bids. (b) Unless the bidder clearly indicates in his bid that he is offering an "equal" product, his bid shall be considered as offering a brand name product referenced in the Invitation for Bids. 7-2003.10 ARMED SERVICES PROCUREMENT REGULATION 7:499 CONTRACT CLAUSES AND SOLICITATION PROVISIONS (c)(1) If the bidder proposes to furnish an "equal" product, the brand name, if any, of the product to be furnished shall be inserted in the space provided in the Invitation for Bids, or such product shall be otherwise clearly identified in the bid. The evaluation of bids and the determination as to equality of the product offered shall be the responsibility of the Government and will be based on information furnished by the bidder or identified in his bid, as well as other information reasonably available to the purchasing activity. CAUTION TO BIDDERS. The purchasing activity is not responsible for locating or securing any information which is not identified in the bid and reasonably available to the purchasing activity. Accordingly, to insure that sufficient information is available, the bidder must furnish as a part of his bid all descriptive material (such as cuts, illustrations, drawings, or other information) necessary for the purchasing activity to (i) determine whether the product offered meets the salient characteristics requirements of the Invitation for Bids and (ii) establish exactly what the bidder proposes to furnish and what the Government would be binding itself to purchase by making an award. The information furnished may include specific references to information previously furnished or to information otherwise available to the purchasing activity. (2) If the bidder proposes to modify a product so as to make it conform to the requirements of the Invitation for Bids, he shall (i) include in his bid a clear description of such proposed modifications and (ii) clearly mark any descriptive material to show the proposed modifications. (3) Modifications proposed after bid opening to make a product conform to a brand name product referenced in the Invitation for Bids will not be considered. (End of clause) 7-2003.11 Evaluation of Options. (a) In accordance with 1-1504(b), insert a provision substantially similar to: EVALUATION OF OPTIONS If the Government elects to exercise an option simultaneously with award, bids or proposals will be evaluated for purposes of award on the basis of the total price for the basic quantity and the option quantity exercised with award. (End of provision) (b) In accordance with 1-1504(c), insert a provision substantially similar to: EVALUATION OF OPTIONS A. Bids and proposals will be evaluated for purposes of award by adding the total price for all option quantities to the total price for the basic quantity. Evaluation of options will not obligate the Government to exercise the option or options. B. Any bid or proposal which is materially unbalanced as to prices for basic and option quantities may be rejected as non-responsive. An unbalanced bid or proposal is one which is based on prices significantly less than cost for some work and prices which are significantly overstated for other work. (End of provision) (c) In accordance with 1–1504(d), insert the following provision. EVALUATION OF OPTIONS (1974 APR) A. Bids and proposals will be evaluated for purposes of award by adding the total price for all option quantities to the total price for the basic quantity. The offeror's target cost for the basic and option quantities will be deemed to be the price of the basic and option quantities for purposes of evaluation. Evaluation of options will not obligate the Government to exercise the option or options. B. Any bid or proposal which is materially unbalanced as to prices for basic and option quantities may be rejected as non-responsive. An unbalanced bid or proposal is one which is based on 7-2003.11 ARMED SERVICES PROCUREMENT REGULATION 7:500 CONTRACT CLAUSES AND SOLICITATION PROVISIONS prices significantly less than cost for some work and prices which are significantly overstated for other work. (End of provision) 7-2003.12 Affiliated Bidders. In accordance with 2-201(a)Sec. B(ii) or 2-201(b)(xvii), insert the following clause. AFFILIATED BIDDERS (1974 APR) (a) Business concerns are affiliates of each other when either directly or indirectly (i) one concern controls or has the power to control the other, or (ii) a third party controls or has the power to control both. (b) Each bidder shall submit with his bid an affidavit containing information as follows: (i) whether the bidder has any affiliates; (ii) the names and addresses of all affiliates of the bidder; and (iii) the names and addresses of all persons and concerns exercising control or ownership 7-2003.13 Preference for Labor Surplus Area Concerns. In accordance with 2-201(a)Sec.B(iii) or 3-501(b)Sec.B(ix), insert the following clause. PREFERENCE FOR LABOR SURPLUS AREA CONCERNS (1978 JUN) This procurement is not set aside for labor surplus area concerns. However, the offeror's status as such a concern may affect entitlement to award in case of tie offers or offer evaluation in accordance with the Buy American clause of this solicitation. In order to have his entitlement to a preference determined if those circumstances should apply, the offeror must identify below the labor surplus area in which the costs he will incur on account of manufacturing or production (by himself or his first-tier subcontractors) amount to more than fifty percent (50%) of the contract price. Failure to identify the locations as specified above will preclude consideration of the offeror as a labor surplus area concern. Offeror agrees that if, as a labor surplus area concern, he is awarded a contract for which he would not have qualified in the absence of such status, he will perform the contract or cause it to be performed, in accordance with the obligations which such status entails. (End of clause) 7-2003.14 Equal Opportunity. (a) Pre-Award Compliance Review. Each solicitation, (excluding construction) written or oral, for non-exempt contracts estimated to be for $1,000,000 or more shall advise bidders or offerors that prior to the award of a contract the 7-2003.14 ARMED SERVICES PROCUREMENT REGULATION |