§ 1-16.901-19B Standard Form 19-B: Representations and Certifications (Construction Contract). STANDARD FORM 19-B DECEMBER 1965 EDITION GENERAL SERVICES ADMINISTRATION FED. PROC. REG. (41 CFR) 1-16.401 REPRESENTATIONS AND CERTIFICATIONS (For use with SF 19 and 21) REFERENCE (Enter same No. (s) as on SF 19/21) NAME AND ADDRESS OF BIDDER (No., Street, City, State, and ZIP Code) DATE OF BID In negotiated procurements, "bid" and "bidder" shall be construed to mean "offer" and "offeror." The bidder makes the following representations and certifications as a part of the bid identified above. (Check appropriate boxes.) 1. SMALL BUSINESS He is, is not, a small business concern. (For this purpose, a small business concern is a business concern, including its affiliates, which (a) is independently owned and operated, (b) is not dominant in the field of operation in which it is bidding on Government contracts, and (c) had average annual receipts for the preceding 3 fiscal years not exceeding $7,500,000. For additional information see governing regulations of the Small -Business Administration.) 2. CONTINGENT. FEE (4) He has, has not, employed or retained any company or person (other than a full-time bona fide employee working solely for the bidder) 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 bidder) 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.) 3. TYPE OF ORGANIZATION He operates as an individual, partnership, joint venture, corporation, incorporated in State of 4. INDEPENDENT PRICE DETERMINATION (4) By submission of this bid, each bidder certifies, and in the case of a joint bid each party thereto certifies as to his own organization, that in .connection with this procurement: (1) The prices in this bid have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder wh any competitor; (2) Unless otherwise required by law, the prices which have been quoted in his d have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, in tse of a bid, or prior to award, in the case of a proposal, directly or indirectly to any other bidder or to any competitor; and (3) No attempt has been made or will be made by the Kidder to duc any other eo or firm to submit or not to submit a bid for the purpose of restricting competition. SPECIMEN (b) Each person signing this bid certifies that (1) He is the person in the Si within at organization for the decision as to the prices being bid herein and that he has not participated, and to (a) (1) through (a) (3) above; or (2) (i) He is not the person he bidder's organization responsible within that organization for the decision as to the prices being bid herein but that he has been authorized in writing to a as agent for the persons responsible for such decision in certifying that such persons have not participated, and will notaripate, in any action contrary to (a) (1) through (a) (3) above, and as their agent does hereby so certify; and (ii) he has not participated, and will not participate, in any action contrary to (a) (1) through (a) (3) above. (c) This certification is not applicable to a foreign bidder submitting a bid for a contract which requires performance or delivery outside the United States, its possessions, and Puerto Rico. (d) A bid will not be considered for award where (a) (1), (a) (3), or (b) above, has been deleted or modified. Where (a) (2) above, has been deleted or modified, the bid will not be considered for award unless the bidder furnishes with the bid a signed statement which sets forth in detail the circumstances of the disclosure and the head of the agency, or his designee, determines that such disclosure was not made for the purpose of restricting competition. THE FOLLOWING NEED BE CHECKED ONLY IF BID EXCEEDS $10,000 IN AMOUNT. 5. EQUAL OPPORTUNITY He has, has not, participated in a previous contract or subcontract subject to the Equal Opportunity Clause herein, the clause origi nally contained in Section 301 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114; he has, has not, filed all required compliance reports; and representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained prior to subcontract awards. (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) 6. PARENT COMPANY AND EMPLOYER IDENTIFICATION NUMBER Each bidder shall furnish the following information by filling in the appropriate blocks: (a) Is the bidder owned or controlled by a parent company as described below? Yes No. (For the purpose of this bid, a parent company is defined as one which either ouns or controls the activities and basic business policies of the bidder. To own another company means the parent company must own at least a majority (more than 50 percent) of the voting rights in that company. To control another company, such ownership is not required; if another company is able to formulate, determine, or veto basic business policy decisions of the bidder.. such other company is considered the parent company of the bidder. This control may be exercised through the use of dominant minority voting rights, use of proxy voting, contractual arrangements, or otherwise.) (b) If the answer to (a) above, is "Yes," bidder shall insert in the space below the name and main office address of the parent company. 'NAME OF PARENT COMPANY MAIN OFFICE ADDRESS (No., Street, City, State, and ZIP Code) (c) Bidder shall insert in the applicable space below, if he has no parent company, his own Employer's Identification Number (E.I. No.) (Federal Social Security Number used on Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941), or, if he has a parent company, the E.I. No. of his parent company. NOTE.-Bids must set forth full, accurate, and complete information as required by this invitation for bids (including attachments). The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001. 19-301 [31 F.R. 5883, Apr. 16, 1966] GPO: 1988-0-755-153 888-5 § 1-16.901-20 STANDARD FORM 20 JANUARY 1961 EDITION Standard Form 20: Invitation for Bids (Construction Contract). GENERAL SERVICES ADMINISTRATION FED. PROC. REG. (41 CFR) 1-16.401 INVITATION FOR BIDS REFERENCE (CONSTRUCTION CONTRACT) NAME AND LOCATION OF PROJECT BY (Issuing office) Sealed bids in at DATE DEPARTMENT OR AGENCY for the work described herein will be received until and at that time publicly opened. Information regarding bidding material, bid guarantee, and bonds Description of work SPECIMEN 20-104 U.S. GOVERNMENT PRINTING OFFICE 1960-0-572728 § 1-16.901-21 Standard Form 21: Bid Form (Construction Contract). (a) Page 1 of Standard Form 21. In compliance with the above-dated invitation for bids, the undersigned hereby proposes to perform all work for (b) Page 2 of Standard Form 21. The undersigned agrees that, upon written acceptance of this bid, mailed or otherwise furnished within calendar days ( calendar days unless a different period be inserted by the bidder) after the date of opening of bids, he will within calendar days (unless a longer period is allowed) after receipt of the prescribed forms, execute Standard Form 23, Construction Contract, and give performance and payment bonds on Government standard forms with good and sufficient surety. The undersigned agrees, if awarded the contract, to commence the work within calendar days after the date of receipt of notice to proceed, and to complete the work within calendar days after the date of receipt of notice to proceed. RECEIPT OF AMENDMENTS: The undersigned acknowledges receipt of the following amendments of the invitation for bids, drawings, and/or specifications, etc. (Give number and date of each): SPECIMEN The representations and certifications on the accompanying STANDARD FORM 19-B are made a part of this bid. DIRECTIONS FOR SUBMITTING BIDS: Envelopes containing bids, guarantee, etc., must be sealed, marked, and addressed as follows: CAUTION-Bids should not be qualified by exceptions to the bidding conditions. ☆U.S. GOVERNMENT PRINTING OFFICE; 1965-0-205-147 $15-F [31 F.R. 5884, Apr. 16, 1966] § 1-16.901-22 Standard Form 22: Instructions to Bidders (Construction Contract). (a) Page 1 of Standard Form 22. STANDARD FORM 22 JUNE 1964 EDITION GENERAL SERVICES ADMINISTRATION INSTRUCTIONS TO BIDDERS (CONSTRUCTION CONTRACT) 1. Explanations to Bidders. Any explanation desired by a bidder regarding the meaning or interpretation of the invitation for bids, drawings, specifications, etc., must be requested in writing and with sufficient time allowed' for a reply to reach bidders before the submission of their bids. Any interpretation made will be in the form of an amendment of the invitation for bids, drawings, specifications, etc., and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Bid Form (Standard Form 21) or by letter or telegram received before the time set for opening of bids. Oral explanations or instructions given before the award of the contract will not be binding. 2. Conditions Affecting the Work. Bidders should ful bidders as soon as practicable after the opening of bids, and (b) to the successful bidder upon execution of such further contractual documents and bonds as may be required by the bid as accepted. If the successful bidder, upon acceptance of his bid by the Government within the period specified therein for acceptance (sixty days if no period is specified) fails to execute such further contractual documents, if any, and give such bond(s) as may be required by the terms of the bid as accepted within the time specified (ten days if no period is specified) after receipt of the forms by him, his contract may be terminated for default. In such event he shall be liable for any cost of procuring the work which exceeds the amount of his bid, and the bid guarantee shall be available toward offsetting such difference. Preparanoids. (a) Bids shall be submitted an the forms fushed, or copies thereof, and must be amally signed. If erasures or other changes appear on the forms, each erasure or change must be initialed Ey the person signing the bid. Unless specifically authorized in the invitation for bids, telegraphic bids will not be considered. so will not relieve bidders from responsibility SPECI 3. Bidder's Qualifications. Before a bid is considered for award, the bidder may be requested by the Government to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources, and plant available to be used in performing the work. 4. Bid Guarantee. Where a bid guarantee is required by the invitation for bids, failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid. A bid guarantee shall be in the form of a firm commitment, such as a bid bond, postal money order, certified check, cashier's check, irrevocable letter of credit or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Bid guarantees, other than bid bonds, will be returned (a) to unsuccess . (b) The bid form may provide for submission of a price or prices for one or more items, which may be lump sum bids, alternate prices, scheduled items resulting in a bid on a unit of construction or a combination thereof, etc. Where the bid form explicitly requires that the bidder bid on all items, failure to do so will disqualify the bid. When submission of a price on all items. not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted. (c) Unless called for, alternate bids will not be considered. (d) Modifications of bids already submitted will be considered if received at the office designated in the invitation for bids by the time set for opening of bids. Telegraphic modifications will be considered, but should not reveal the amount of the original or revised bid. 6. Submission of Bids. Bids must be sealed, marked,. and addressed as directed in the invitation for bids. Failure to do so may result in a premature opening of, or a failure to open, such bid. |