Page images
PDF
EPUB

CONTRACT CLAUSES AND SOLICITATION PROVISIONS

7-2003.49 Supplies to be Accorded Duty-Free Entry. When the Duty Free Entry for Certain Specified Items clause in 7-104.31(a) is used, the following clause shall be inserted in the Schedule.

SUPPLIES TO BE ACCORDED DUTY-FREE ENTRY (1965 DEC)

In accordance with paragraph (a) of the clause hereof entitled “Duty-Free Entry for Certain Specified Items," the following supplies are hereby identified as supplies to be accorded duty-free entry: .........

(End of clause)

7-2003.50 United States End Product Certification for Purchases in Implementation of a Military Assistance Program. In accordance with 6-703.3, insert the following provision.

UNITED STATES PRODUCTS CERTIFICATE (MILITARY ASSISTANCE PROGRAM) (1962 DEC)

To the extent that the Government specifies the items being purchased are in implementation of the Military Assistance Program, the bidder or offeror hereby certifies that each such item furnished will be a United States end product (as defined in the contract clause entitled United States Products); that components of unknown origin have been considered to have been mined, produced, or manufactured outside the United States; and that he is a domestic concem.

(End of provision)

7-2003.51 United States End Products Requirement for Purchases in Implementation of a Military Assistance Program. The following clause shall be inserted in all contracts for end products for the Military Assistance Program other than those excepted pursuant to 6–702.

UNITED STATES PRODUCTS (MILITARY ASSISTANCE PROGRAM) (1962 DEC)

(a) To the extent that the Government specifies the items being purchased are in implementation of the Military Assistance Program, the Contractor agrees that there will be delivered under this contract only United States end products. (b) For the purpose of this clause:

(i) “components" means those articles, materials, and supplies, which are directly incor

porated in end products; (ii) "end products" means those articles, materials, and supplies, which are acquired

under this contract for public use; and (iii) a “United States end product" means (A) an unmanufactured end product which has been mined or produced in the

United States; and (B) an end product manufactured in the United States if the cost of the components

thereof which are mined, produced, or manufactured in the United States exceeds fifty percent (50%) of the cost of all its components. A component shall be considered to have been mined, produced, or manufactured in the United States (regardless of its source in fact) if the end product in which it is incorporated is manufactured in the United States and the component is of a class or kind determined by the Government to be not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality.

(End of clause)

7-2003.52 Balance of Payments United States Products Certification. In accordance with 6-806.3, insert the following provision.

7-2003.52

ARMED SERVICES PROCUREMENT REGULATION

CONTRACT CLAUSES AND SOLICITATION PROVISIONS

UNITED STATES PRODUCTS CERTIFICATE (BALANCE OF PAYMENTS PROGRAM) (1965 JUN)

To the extent that the Government specifies that the items being purchased are in implementation of the Balance of Payments Program, the bidder or offeror hereby certifies that each such item is a United States end product or comprises United States services, (as defined in the contract clause entitled United States Products and Services (Balance of Payments Program)) and that components of unknown origin have been considered to have been mined, produced, or manufactured outside the United States.

(End of provision)

7-2003.53 United States Products and Services Requirement for Balance of Payments Program. In accordance with 6–806.4, insert the following clause.

UNITED STATES PRODUCTS AND SERVICES (BALANCE OF PAYMENTS PROGRAM) (1965 JUN)

(a) To the extent that the Government specifies that the items being purchased are in implementation of the Balance of Payments Program, the Contractor agrees that there will be delivered or performed under this contract only United States end products or United States services. (b) For the purpose of this clause:

(i) “components” means those articles, materials, and supplies, which are directly incor

porated in the end products; (ii) "end products” means those articles, materials, and supplies, which are acquired

under this contract for public use; (iii) a “United States end product" means(A) an unmanufactured end product which has been mined or produced in the

United States, or (B) an end product manufactured in the United States, if the cost of the components

thereof which are mined, produced, or manufactured in the United States exceeds 50% of the cost of all its components. For the purpose of this subparagraph, components of foreign origin of the same type and kind which the Government determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities and of satisfactory quality shall be treated as components mined, produced, or manufactured in the United

States, (iv) “United States services” means those that are performed within the United States. In

some instances, services provided under a single contract are performed partially in the United States and partially abroad. Such services shall be considered United States services if 25% or less of the total cost of the services is attributable to services (including incidental supplies used in connection therewith) performed outside the United States.

(End of clause)

7-2003.54 Reserved. 7-2003.55 Reserved. 7-2003.56 Reserved.

7-2003.57 Applicability of Complete Wage Rate Decision. In accordance with 18–704.2(f), insert the following provision.

APPLICABILITY OF COMPLETE WAGE RATE DECISION (1974 APR)

In addition to the wage rates in this solicitation, the complete decision of the Secretary of Labor contains wage rates for other classes of laborers and mechanics. Because it does not appear

7-2003.57

ARMED SERVICES PROCUREMENT REGULATION

[ocr errors][merged small]

that the work called for by this solicitation will require the use of such other classes, the wage rates applicable to them have not been reprinted herein. However, if any such classes of laborers or mechanics actually are employed to perform work under the contract resulting from this solicitation, payment will be required as specified in this clause entitled “Davis-Bacon Act" at wage rates contained in the complete decision of the Secretary of Labor. Offerors desiring the complete decision may request it from the Contracting Officer.

(End of cause)

7-2003.58 Advertised Solicitations for Mortuary Services. In accordance with 22-502, insert the following clause (appropriately modified for negotiated procurements) in solicitations for mortuary services.

AWARD TO SINGLE BIDDER (1965 OCT)

Subject to the provisions contained herein, award shall be made to a single bidder. Bids must include unit prices for each item listed in order that bids may be properly evaluated. Failure to do this shall be cause for rejection of the entire bid. Bids shall be evaluated on the basis of the estimated quantities shown and award shall be made to that responsible bidder whose total aggregate price is low.

(End of clause)

7-2003.59 Provisions for Shipment or Storage of Personal Property (see 22-600.3).

(a) The following provision for evaluation of bids shall be included in all solicitations.

EVALUATION OF BIDS (1977 APR)

(a) Bids will be evaluated on the basis of total aggregate price of all items within an area of per. formance under a given schedule. A bidder must bid on all items within a specified area of performance for a given schedule. Failure to do so shall be cause for rejection of the bid for that area of performance of that schedule. Any bid which stipulates minimum charges or graduated prices for any or all items shall be rejected for that area of performance within the schedule.

(b) In addition to other factors, bids will be evaluated on the basis of advantages or disadvantages to the Government that might result from making more than one award (multiple awards). For the purpose of making this evaluation, it will be assumed that the sum of $100) would be the administrative cost to the Government for issuing and administering each contract awarded under this invitation, and individual awards will be for the items and combinations of items which result in the lowest aggregate price to the Government, including such administrative costs.

(End of provision)

(b) When “additional services” items are added to any schedule, the following provision shall be included in the solicitation, (see 22-601.2(b)(ii)).

EVALUATION OF BIDS (1977 APR)

(a) Bids will be evaluated on the basis of total aggregate price of all items within an area of performance under a given schedule. A bidder must bid on all items within a specified area of performance for a given schedule. Failure to do so shall be cause for rejection of the bid for that area of performance of that schedule. Any bid which stipulates minimum charges or graduated prices for any or all items shall be rejected for that area of performance within the schedule.

(b) In addition to other factors, bids will be evaluated on the basis of advantages or disadvantages to the Government that might result from making more than one award (multiple awards). For the purpose of making this evaluation, it will be assumed that the sum of $100

7-2003.59

ARMED SERVICES PROCUREMENT REGULATION

[ocr errors]

CONTRACT CLAUSES AND SOLICITATION PROVISIONS

would be the administrative cost to the Government for issuing and administering each contract awarded under this invitation, and individual awards will be for the items and combinations of items which result in the lowest aggregate price to the Government, including such administrative costs.

(c) Notwithstanding (a) above, when "additional services" are added to any schedule, such “additional services" items will not be considered in the evaluation of bids.

(End ol clause)

(c) The following provision governing award shall be included in all solicitations.

AWARD (1977 APR)

Award shall be made to the qualified low bidder by area under each of the specified schedules to the extent of his stated guaranteed daily capability as provided herein and the clause entitled "Estimated Quantities." The Government reserves the right to make an award of two or more areas to a single bidder if such award will result in an overall lower estimated cost to the Government. The Government also reserves the right to award additional contracts, as a result of this solicitation, to the extent necessary to meet its estimated maximum daily requirements.

(End of provision)

7–2003.60 Solicitation Provisions for Laundry and Dry Cleaning Services. Pursuant to 22–702, insert the following provision in all solicitations for laundry and dry cleaning services.

INSTRUCTIONS TO BIDDERS (1967 APR)

(a) Bids must include unit prices for each item in a lot. Failure to bid on any item in a lot shall be cause for rejection of the bid on that lot. Bids shall be evaluated on the basis of the estimated quantities stated in the invitation. Subject to the provision contained herein, award generally shall be made to a single bidder for all lots. The Government reserves the right, however, to award by individual lot when the Contracting Officer determines that this is more advantageous to the Government.

(b) Upon application to the Contracting Officer, types of articles to be serviced may be inspected prior to bidding.

(End of provision)

7-2003.61 Predetermination of Rights in Technical Data. In accordance with 9–202.2(d)(3), insert the following provision.

PREDETERMINATION OF RIGHTS IN TECHNICAL DATA (1976 JUL)

(a) The offeror is requested to identify in his proposal which of the below listed data (including data to be furnished in whole or in part by a subcontractor) when delivered, he intends to identify as limited rights data in accordance with paragraph (b) of the “Rights in Technical Data and Computer Software" clause of this Solicitation. This identification need not be made as to data which relate to standard commercial items which are manufactured by more than one source of supply (The Solicitation should list here that technical data or portions thereof with respect to which the Government proposes use of the predetermination procedure. Data which clearly comes within paragraph (b)(1) of the Rights in Technical Data and Computer Software" clause and would therefore be acquired with unlimited rights should not be listed.)

(6) Limited rights data may be identified as such, pursuant to (a) above only if it pertains to items, components or processes developed at private expense. Nevertheless, it cannot be so identified if it comes within paragraph (b)(1) of the “Rights in Technical Data and Computer Software" clause. At the request of the Contracting Officer or his representative, the offeror

7-2003.61

ARMED SERVICES PROCUREMENT REGULATION

CONTRACT CLAUSES AND SOLICITATION PROVISIONS agrees to furnish clear and convincing evidence that the data which will be so identified comes within the definition of limited rights data.

(c) The listing of a data item in paragraph (a) above does not mean that the Government considers such item to come within the definition of limited rights data.

(End of provision)

7-2003.62 Options to Award and Pay in United States Owned Foreign Currency. In accordance with 6-1104, insert the following provision.

OPTION TO AWARD AND PAY IN FOREIGN CURRENCY (1974 APR)

(a) Offerors are required to state their price in United States dollars. Such price may also be stated wholly in the currency of the countries listed in the Schedule, or in a combination of United States dollars and the currency of any of the listed countries.

(b) Offerors shall state separately the United States dollar content, if any, in United States dollars. The term “United States dollar content" means the United States dollar cost to an offeror for United States end products or services (including costs of transportation furnished by United States-flag carriers) imported directly from the United States and to be used in performance of a contract, as certified by the offeror.

(c) The Contracting Officer reserves the right to award to that responsive offeror willing to accept payment in whole or in part in a currency of any of the listed countries and whose offer is considered the most advantageous to the United States Government, even though the total price of the accepted offer may be more than the price of an offer received in United States dollars.

(End of clause)

7-2003.63 Progress Payments Exclusively for Small Business. In accordance with E-504.3, insert the following provision.

Any change, addition, or deletion to this clause is subject to the prior approval requirements outlined in Appendix E, Part 2.

PROGRESS PAYMENTS EXCLUSIVELY FOR SMALL BUSINESS (1974 APR)

The Progress Payments clause will be available to Small Business concerns only, and will not be included for contractors who are not Small Business concerns.

(End of provision)

7-2003.64 Progress Payments. In accordance with E-504.4, insert the following notice.

Any change, addition, or deletion to this clause is subject to the prior approval requirements outlined in Appendix E, Part 2.

PROGRESS PAYMENTS* (1974 APR)

The need for progress payments conforming to regulations (Appendix E, Armed Services Procurement Regulation) will not be considered as a handicap or adverse factor in the award of contracts. Authorized progress payments will not be a factor for evaluation of bids. The appropriate “Progress Payment" clause attached hereto will be included in the contract awarded in the manner herein provided, however, the clause shall be inoperative during the time the contractor's accounting system and controls are determined by the Government to be inadequate for segregation and accumulation of contract costs. For Small Business concerns the clause designated “Progress Payments for Small Business Concerns" (7-104.35(b)) shall be used for such Contractors. For Contractors who are not Small Business concerns, the clause designated “Progress Payments for Other Than Small Business Concerns" (7-104.35(a)) shall be used.

(End of notice) *Do not use the last sentence of this notice for procurements mentioned in E-504.2 and E-504.3.

7–2003.64

ARMED SERVICES PROCUREMENT REGULATION

« PreviousContinue »